Constitution fit for purpose?

Question 1

Question

Answer 1

Evaluate the view that the UK constitution is no longer fit for purpose.

Question 2

Factors

Answer 2

• Flexibility Vs Protection of rights
• Democratic rule Vs Centralisation of power
• Effective government Vs Elective dictatorship

Question 3

Judgement

Answer 3

UK is fit for purpose.

Question 4

Weaker argument - protection of rights

Answer 4

→ The ECHR ruled that according to Protocol 1, Article 3, prisoners should have the right to vote in the UK - the ruling was ignored by Parliament who had placed the blanket ban on prisoners voting.
→ In the USA rights were made clear in their constitution: 5 amendment right - don’t have to answer questions when being interrogated, 2nd amendment right - the right to bear arms.

Question 5

Stronger argument - flexibility (+counter argument to protection of rights)

Answer 5

→ Supreme court ruled against the Rwanda Bill - protecting the rights of asylum seekers in the UK.
→ Legislation can be passed quickly to deal with issues of the day - after 9/11 counter terrorism legislation was passed - protecting UK citizens. After the Dunblane shooting legislation on guns was passed preventing future shootings.
→ The USA constitution still has outdated amendments: the right to raise a militia (introduced at a time where American was still fighting tribal groups).

Question 6

Weaker argument - over centralisation of power

Answer 6

→ Major planning decisions: HS2 or Heathrow Airport expansion, are often made by central government with minimal local input.
→ Unlike the USA, England has no regional government structures (metro mayors have limited powers compared to central government)

Question 7

Stronger argument - democratic rule (+counter argument to over centralisation of power)

Answer 7

→ During COVID having a centralised government power was beneficial - Vaccine Taskforce: it meant the vaccine rollout was equal across the UK and there was no difference between counties.
→ Salisbury Convention - traditions such as this mean that a government is given the right to pass legislation that was on their mandate - this prevents disagreements about policy; preventing rebellions.
→ Under the Parliaments Act the power of the second chamber has been diluted as it isn’t elected - making our system more democratic.

Question 8

Weaker argument - elective dictatorship.

Answer 8

→ If a party has a big enough majority they can essentially do what they want - e.g. Thatcher or Blair governments. Blair did not lose a vote in the Commons from 1997 to 2005.
→ The changes made to the Legal Aid, Sentencing and Punishment of Offender Act were overturned in the Commons.

Question 9

Stronger argument - effective government

Answer 9

→ Allows governments to take strong and decisive action - e.g. Attlee setting up the NHS.
→ Blair was able to pass Lords reform - removing all but 92 hereditary peers.
→ Helped by the system of FPTP - strong governments are produces: 2024 Labour wins 411 seats in the Commons.