constitutional reform since 1997 a success? Flashcards

1
Q

Devolution brings power closer to the people

A
  1. Allowed for tailored policy-making (e.g., Scotland’s free university tuition, Wales’ plastic bag levy).
  2. Only 22% wanted to abolish the Senedd entirely in 2023.
  3. Helped reduce conflict in Northern Ireland via the Good Friday Agreement (1998)
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2
Q

Creation of the Supreme Court (2009)

A
  1. Held the executive to account such as in the rulings of Miller I (2017) and Miller II (2019)
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3
Q

HRA 1998

A
  1. Between 2015 and 2020, the HRA was cited in over 300 judicial reviews per year.
  2. A v Secretary of State for the Home Department (2004), the House of Lords ruled that the indefinite detention of foreign terror suspects without trial violated Article 5 (right to liberty).
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4
Q

Lack of a codified constitution

A
  1. Miller II case (2019)– this would likely have been a clear breach of executive powers in a codified constitution– cannot prevent it upfront
  2. More than 11,000 amendments to the Constitution of the United States have been proposed, but only 27 have been ratified
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5
Q

Devolution Is Uneven and Unstable

A
  1. Northern Ireland’s Assembly is frequently suspended–Stormont has been suspended for 38% of its lifetime
  2. Devolution hasn’t closed economic disparities—e.g., GVA per head in Wales is still the lowest in the UK.
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6
Q

Human Rights Act Under Threat

A
  1. June 2022: The government published a draft Bill of Rights intended to repeal and replace the Human Rights Act 1998. (abandoned in 2023 under then PM rishi)

–> can be abolished at any time due to parliamentary sovereignity

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