constitutional reform since 1997 a success? Flashcards
1
Q
Devolution brings power closer to the people
A
- Allowed for tailored policy-making (e.g., Scotland’s free university tuition, Wales’ plastic bag levy).
- Only 22% wanted to abolish the Senedd entirely in 2023.
- Helped reduce conflict in Northern Ireland via the Good Friday Agreement (1998)
2
Q
Creation of the Supreme Court (2009)
A
- Held the executive to account such as in the rulings of Miller I (2017) and Miller II (2019)
3
Q
HRA 1998
A
- Between 2015 and 2020, the HRA was cited in over 300 judicial reviews per year.
- 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).
4
Q
Lack of a codified constitution
A
- Miller II case (2019)– this would likely have been a clear breach of executive powers in a codified constitution– cannot prevent it upfront
- More than 11,000 amendments to the Constitution of the United States have been proposed, but only 27 have been ratified
5
Q
Devolution Is Uneven and Unstable
A
- Northern Ireland’s Assembly is frequently suspended–Stormont has been suspended for 38% of its lifetime
- Devolution hasn’t closed economic disparities—e.g., GVA per head in Wales is still the lowest in the UK.
6
Q
Human Rights Act Under Threat
A
- 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