Constitution Flashcards
The view that there are more advantages to having a codified constitution than remaining with an uncodified constitution (Political climate)
Studies of codified constitutions around the globe have determined that they only come into existence following a successful invasion, revolution, or collapse of the machinery of government.
The current malaise in the UK is nowhere near any of these catastrophic moments and so doesn’t require a fresh start and radically new government and politics.
The view that there are more advantages to having a codified constitution than remaining with an uncodified constitution (Political climate) Evaluation
The UK is currently facing a constitutional Crisis in the form of the current Brexit fiasco.
On the 29th March 2019, May suffered her third successive Brexit defeat, leaving Britain in a precarious situation which William Hague has deemed the “worst constitutional crisis in 200 years”.
Despite May’s extension of Article 50 until the 30th October to avoid a no-deal Brexit, the fact that MPs have defeated her Withdrawal Agreement three times has meant that the likelihood of it occurring anyway has still not be eliminated.
If this were to occur, there would be potentially disastrous consequences for business, chaos at the UK border, cost-push inflation, as well as a shortage of essential goods.
Thus, now is an ideal time to codify the UK constitution in order to establish a sense of political clarity and stability during this period of national turmoil.
The view that there are more advantages to having a codified constitution than remaining with an uncodified constitution (national emergency)
A written constitution could curb the ability of politicians to act quickly in order to meet the needs of citizenry in times of a national emergency.
Hence, when dealing with such urgent matters, politicians would find their capacity to act restricted due to the new raft of procedures and principles which would need to be complied with.
The view that there are more advantages to having a codified constitution than remaining with an uncodified constitution (national emergency) Evaluation
In 2017, President Sisi of Egypt, which has a codified constitution, issued a decree to invoke a state of emergency for 3-months following the Palm Sunday Coptic church bombings in which over 45 Christians were killed.
This gave the President extensive powers granted under the codified constitution to swiftly clamp down on terrorism, including the ability to detain suspected terrorists without charge, impose a curfew, seize private property and issue directives concerning the monitoring and interception of all forms of communication.
The view that there are more advantages to having a codified constitution than remaining with an uncodified constitution (eliminating elective dictatorship)
The present constitution as it has evolved in recent times has become one of ‘elective dictatorship’, lacking separation of powers between the executive, legislature and judiciary, and a system of checks and balances on ministers in office.
Under the unwritten constitution, the policies and actions of the PM and Cabinet dominate the whole legal and political system through its party majority in the House of Commons, a weak House of Lords, a neutral Head of State (the Queen), and the absence of a constitutional court.
The view that there are more advantages to having a codified constitution than remaining with an uncodified constitution (eliminating elective dictatorship) Evaluation
Despite the fact that the UK doesn’t have a codified constitution, the Constitutional Reform Act 2005, for the first time in constitutional history, provided for the separation of the Appellate Committee (Supreme Court) from the legislature (Parliament) and the Executive (Government).
Judges who preside over the highest court in the land will become Justice of Supreme Court today, losing their time-honoured tenure of the House of Lords.
In addition to this, the US, which its codified constitution and enforced separation of powers, suffers with the issue of a politicised judiciary. For example, the controversial nomination of Brett Kavanaugh to the SC in 2018 has been hailed a victory for Trump with the majority of justices being ideologically right-wing.
The UK is now effectively a federal system (Scotland)
The Scottish Parliament and Scottish Government were established by an Act of the UK Parliament
Under the Scotland Act 1998, a range of powers were devolved to Scotland including agriculture, economic development, education, environment, housing, justice, local government and transport.
Under the 2012 Scotland Act, the Scottish Parliament also gained new powers over borrowing, drink driving alcohol limits, stamp duty, and a new Scottish rate of income tax
The UK is now effectively a federal system (Scotland) Evaluation
Legislation to enable a second referendum on independence has been published by the Scottish government, as Nicola Sturgeon said another vote before 2021 would give Scotland “the opportunity to choose to be an independent European nation- rather than have a Brexit future imposed upon us”.
Devolution is under threat.
The UK is now effectively a federal system (Wales)
Since 2011, the National Assembly for Wales has had primary law-making powers over devolved areas, and in 2014, it gained tax-raising powers, including stamp duty and landfill tax
The Wales Act 2017 put devolution in Wales on a similar model to that in Scotland.
Whereas powers were “conferred” on the Welsh Assembly, the UK government has now moved to a “reserved powers framework” whereby everything is devolved to Cardiff unless specifically stated otherwise.
The UK is now effectively a federal system (Wales) Evaluation
The March 2011 Welsh referendum regarding direct law-making powers for the assembly had a turnout of only 35.4%, a very small mandate for the winning yes result.
The UK is now effectively a federal system (England)
The Conservative government was elected in May 2015 with an agenda to devolve power to English local regions and resolve the “west Lothian question”, the idea that Scottish, Welsh and Northern Irish MPs can vote on laws that only apply in England.
As a result, the government has introduced a set of arrangements called English votes for English laws, which creates a new state to the usual-law making process at Westminster to allow MPs for English constituencies to vote on issues only affecting England.
The UK is now effectively a federal system (England) Evaluation
On the other hand, EVEL is riddled with issues, as many people from Scotland and Wales work or use services in England, so their local MPs should be able to defend their rights in Parliament when these services are being discussed and decisions are being made
Also, most English stages last around 2-minutes, becoming almost invisible within the legislative process, marking a lack of substantive debate in the English stages
