Chapter 5 - 6/6 - Debates on further reform Flashcards
How has constitutional reform improved UK democracy?
- Independent judiciary.
- Devolution and decentralisation.
- Elected mayors.
- Protection of rights.
- Freedom of information.
- Increased use of referendums.
What have been the failures of constitutional reform?
- FPTP remans.
- Unelected and undemocratic House of Lords.
- Devolution and break-up of the UK.
What are the 4 arguments for greater English devolution?
- Extend democracy and bring government to communities.
- Better able to deal with local issues.
- Lessen differences between parts of the UK.
- Improve participation in politics.
What are the 4 arguments against devolution in England?
- Just another layer of expensive bureaucracy.
- Too many elections leading to voter apathy.
- Few signs of a desire for it.
- Regional devolution might increase divisions in society.
What are the arguments for keeping an uncodified constitution?
- Flexibility
- Decisive executive power
- Conservative pragmatism
- Danger of politicising the judiciary
What is the flexibility arguments for keeping an uncodified constitution?
The constitution can adapt because it is ‘organic’; when society’s needs and values change, so can the constitution without delay.
What prerogative powers does the prime minister now hold that have been transferred as part of our ‘organic’ constitution?
- Declare war
- Negotiate foreign treaties
- Appoint ministers
There is no law that grants the prime minister these powers.
Why is decisive government an argument in favour of keeping our uncodified and ‘organic’ constitution?
It is better to have a government that can deal with problems and crises without too much inhibition.
What is the conservative argument for keeping our ‘organic’ uncodified constitution?
The constitution in its current form has served the country well for centuries with change happening naturally when it was necessary.
What is the argument about politicising the judiciary if our constitution were to be codified?
Disputes over the constitution would be determined by the Supreme Court, bringing them into politics and undermining their independence. Furthermore they are not elected; it is for elected representatives to decide on the nature of the constitution.
What are the arguments for introducing a codified constitution?
- Better protection of human rights as Parliament would no longer be sovereign.
- A check on the excessive powers of government which threatens our rights and freedom.
- Better awareness amongst the population of their rights.
- It would bring the UK into line with most other democracies.
What parts of the UK constitution are effectively entrenched and codified?
- The European Convention on Human Rights is effectively a bill of rights.
- The Devolution Acts 1998 codified the powers of the Scottish Parliament and the Welsh, Northern Ireland, and Greater London assemblies.
- The public’s right to see public information is codified in the Freedom of Information Act 2000.
- Changes made by referendums.