Essay Plans Flashcards
Evaluate the view that the UK Constitution should be codified and entrenched. [30]
Introduction
- Define Constitution, (UK has an uncodified constitution)
- In late 20th century, reforms were made which represented a step towards codification, (Ex: Human Rights Act 1998 and joining the European Economic Committee in 1973)
- Most key parts of constitution are now semi-entrenched
- Discussing: Flexibility, improved human rights + seperation of powers
Evaluate the view that the UK Constitution should be codified and entrenched. [30]
P1 - Flexibility *Argue for
- Uncodified nature means British Political System has been able to gradualy evolve through reforms
- Ex: House of Lords Act 1999 & 2005 Constitutional Reform Act
- Reforms delivered on New Labour’s aims to democratise, decentralise, modernise and protect human rights
- This would have taken longer in America, (Ex: Talk about backlash of 2nd Amendment - Right to bare arms)
Evaluate the view that the UK Constitution should be codified and entrenched. [30]
P1 - Flexibility Argue *Against
- Leaves constitution open to exploitation for short-term political gains
- Ex: 2011 Fixed Term Parliament Act
- Entrenchment would protect the UK Constitution from short-term political exploitation
Evaluate the view that the UK Constitution should be codified and entrenched. [30]
P1 - Flexibility *Judgement
- A codified constitution would ensure that reforms are more thought out and debated before being enacted + Would become more difficult to change and therefore harder to exploit
- However, not a good enough justification
- Flexibility helps a constiution modernise and adapt to unforseen circumstances, (Ex: COVID-19)
Evaluate the view that the UK Constitution should be codified and entrenched. [30]
P2 - Improvement of Human Rights *Argue For
- Codification would include the 1998 Human Rights Act being entrenched, which would create a ‘British Bill of Rights’
- This would better protect human rights, as they can currently be undermined by a majority in Parliament
- Ex: 2001 Anti-Terrorism, Crime and Security Act
- This Act, hindered the human rights of innocent members of minority groups
Evaluate the view that the UK Constitution should be codified and entrenched. [30]
P2 - Improvement of Human Rights *Aruge Against
- 2001 Anti-Terorism, Crime and Security Act was removed
- This shows the benefits of the Human Rights Act: Strikes a good compromise between upholding Parliamentary soveriengty and protecting human rights
- Every Government bill is also scrutinised by Joint Committee on Human Rights, before it reaches the statute book, which ensures it complies with the Human Rights Act
Evaluate the view that the UK Constitution should be codified and entrenched. [30]
P2 - Improvement of Human Rights *Judgement
- HRA doesn’t provide complete protection
- Codifying the constitution would improve the protection of individual rights
- However, HRA arguably provides sufficient protection
- Unentrenched nature of constitution means legislation can be removed if they are seen to no longer be protecting rights, (Ex: In America, the Second Amendment still hasn’t been removed, as the ‘Bill of Rights’ is entrenched’
Evaluate the view that the UK Constitution should be codified and entrenched. [30]
P3 - Seperation of Powers *Argue For
- Codification could help establish seperation of powers
- Since removal of HoL veto, (1949 Parliament Act), there are arguably insufficient checks and balances
- Codified constitution could also clarify the role of devolved odies and different branches
Evaluate the view that the UK Constitution should be codified and entrenched. [30]
P3 - Seperation of powers *Argue Against
- Executive and Government are already held accountable, not by law, but by public opinion
- Much of UK Constitution is contained in the form of conventions, (Ex: Sailsbury Convention)
- The Sailsbury Convention was breached in 1945, which resulted in the 1949 Parliament Act, which limited the power of the HoL
- Although these conventions aren’t entrenched, they are held in high regard, as evidenced by backlash upon being broken
Evaluate the view that the UK Constitution should be codified and entrenched. [30]
P3 - Seperation of Power *Judgement
- UK Government is held to account well in current political system - Evidenced by backlash from conventions being broken
- However, the threat of a Government with a significant majority pushing through controversial legislation still remains
Evaluate the view that the UK Constitution should be codified and entrenched. [30]
Conclusion
- Codification cannot be justified
- Unentrenched nature means the constitution is felxible and can adapt
- Human rights would be improved if there was a ‘British Bill of Rights’ - However, Human Rights Act still does a sufficient job and due to it’s unentrenched nature, it makes it easier to remove laws that violate human rights, (Ex: America not removing Second Amendment due to entrenched nature of Bill of Rights)
- UK Constitution would benefit in some ways from codification, but not enough to make the process justifiable
Evaluate the view that the constitutional reforms introduced by New Labour should be taken further. [30]
Introduction
- Labour were elected in 1997 - During this time, there was pressure for constiutional reform
- This was largely because the Conservatives, who ruled previously were extremely against constitutional reform
- New Labour’s main reforms included, the House of Lords Reform, Human Rights Act, Devolution, Constitutional Act 2005 and the Electoral reform
- In this essay I will be discussing the House of Lords Reform, Human Rights Act and Devolution
Evaluate the view that the constitutional reforms introduced by New Labour should be taken further. [30]
P1 - House of Lords Reform Act *Argue it should be taken further
- 1999 House of Lords Act removed all but 92 hereditary peers, (this number still remains, as step 2 of the reform was never carried out)
- Further reform could include an elected House of Lords
- This idea has been supported by current Opposition Leader Keir Starmer, who in December of 2022 announced plans to abolish the HoL and replace it with a democratically elected upper chamber - Further plans in next manifesto
- Elected HoL would allow for more effective scrutiny, as unelected nature has limited this in the past + According to the Byline Times, 13% of peers rarely or ever attend the HoL
Evaluate the view that the constitutional reforms introduced by New Labour should be taken further. [30]
P1 - House of Lords Reform Act *Argue it shouldn’t be taken further
- Current nature of HoL can be seen as an advantage
- Life peers have lots of expertise on different subject areas and can therefore provide effective scrutiny
- Ex: Barowness Brown of Cambridge Julia Elizabeth King is an engineer and crossbencher, who is the current chair of the HoL Select Committee on Science and Technology
- She is therefore able to provide effective scrutiny, as she is an engineer
Evaluate the view that the constitutional reforms introduced by New Labour should be taken further. [30]
P1 - Judgement
- HoL doesn’t require further reform
- Although undemocratic, it is professional and effective at scrutinising legislation
- Provides an effective power balance with the HoC, which would be distrupted if it were to become elected
Evaluate the view that the constitutional reforms introduced by New Labour should be taken further. [30]
P2 - Human Rights Act 1998 *Argue reform should be taken further
- HRA enshrined European Convention on Human Rights into UK law, which meant human rights could be defended in UK courts, rather than having to go to European Court of Human Rights, (Strasbourg)
- Could be further reformed through entrenchment - Creating a ‘British Bill of Rights’
- Would be beneficial as due to Parliamentary sovereignty, Parliament can make or unmake any law, (Thses laws may undermine human rights)
- Ex: 2001 Anti-Terrorism, Crime and Security Act
Evaluate the view that the constitutional reforms introduced by New Labour should be taken further. [30]
P2 - Human Rights Act 1998 *Argue reform shouldn’t be taken further
- Due to unentrenched nature of HRA - Parliament is able to adapt and modernise to the demands of people, allowing them to improve human rights
- Ex: The 2001 Anti-Terrorism, Crime and Security Act was removed
- They can also easily introduce laws to protect human rights, such as the Equality Act 2010
- Entrenchment could lead to human rights being undermined, as out of date laws that would now be considered to hinder human rights, may be hard to amend/remove, (Ex: 2nd Amendment US Constitution - Right to bare arms)
Evaluate the view that the constitutional reforms introduced by New Labour should be taken further. [30]
P2 - Human Rights Act 1998 *Judgement
- Reform shouldn’t be taken further
- Although, a ‘British Bill of Rights’ may help to protect human rights, the HRA strikes a good balance between doing so, whilst also upholding Parliamentary Sovereignty, (A.V Dicey)
- HRA also allows for adaptation to unforseen situations, like COVID-19 and also allows for the constitution to be modernised
Evaluate the view that the constitutional reforms introduced by New Labour should be taken further. [30]
P3 - Devolution *Argue reform should be taken further
- Current problem with devolution is the fact that the system is asymmetric - With England lacking the same level of representation as Scotland, Wales and Northern Ierland
- Could be solved by creating an English Parliament
- This would allow policy preferences of English people to be represented Could also answer West-Lothian Question
- Ex: Scotland is more left-wing, which is evidenced by their policies of higher income tax and free higher education
- An alternative to an English Parliament is more regional assemblies - This would give regions with a strong sense of regional identity, like Cornwall, the power to handle regional issues
Evaluate the view that the constitutional reforms introduced by New Labour should be taken further. [30]
P3 - Devolution *Argue reform shouldn’t be taken further
- Little demand for English Parliament
- Ex: 2012 Birmingham referendum on whether they should have an elected mayor
- Regional assemblies, could create tensions with local councils as they cover larger areas + This may lead to more urban interests being reflected
- It can be argued that devlolved bodies have been ineffective and therefore no more are necessary
- Ex: Northern Irish Parliament being frequently suspended
Evaluate the view that the constitutional reforms introduced by New Labour should be taken further. [30]
P3 - Devolution *Judgement
- Devolution reforms shouldn’t be taken further, as neither an English Parliament or more regional assemblies provide a popular or logical reform
- Plus, devolved bodies could be argued to be ineffective
Evaluate the view that the constitutional reforms introduced by New Labour should be taken further. [30]
Conclusion
- Reforms shouldn’t be taken further
- Reforms had a positive impact on the UK, as they helped to modernise Parliament and improve democracy
- However, reforms like an English Parliament could have unforseen and negative unintended consequences
- The HRA doesn’t need further reform as it currently strikes a good balance between protecting rights and upholding Parliamentary Sovereignty
- Entrenchment of HRA could also create further problems and controversies, as seen with the 2nd Amendment in America
Evaluate the view that constitutional reforms since 2010 have had a significant impact on the UK constitution. [30]
Introduction
- Coalition Government and later on the Conservative party made significant constitutional reforms since 2010
- Main reforms include, Brexit, further devolution to devlolved bodies and various Parliamentary reforms
Evaluate the view that constitutional reforms since 2010 have had a significant impact on the UK constitution. [30]
P1 - Brexit *Argue it has had a significant impact on the UK Constitution
- UK is built on the principle of Parliamentary Soveriengty
- When the UK joined the EU, they accepted their laws were sovereign - Meaning a UK Act, couldn’t contradict EU laws as they were superior
- European Court of Justice and Supreme Court could strike down or force Parliament to amend any legislation that contradicts EU law
- Ex: 1990 Factortame case
- Leaving the EU means that there is no higher court to strike down Parliamentary legislation = Parliamentary Sovereignty has been regained
- Allows UK to make legislaition like Illegal Immigration Bill 2023 - Which would have normally been significantly controlled by EU
Evaluate the view that constitutional reforms since 2010 have had a significant impact on the UK constitution. [30]
P1 - Brexit *Argue it hasn’t had a significant impact on the UK Constitution
- EU was only soverign to a limited extent, as they only really made policies about trade, tariffs and immigration
- This means that although the UK now has the power to make laws in these areas
- The limited amount of sovereignty they had is not seen as a significant enough reason to give-up the benefits of being in the EU
Evaluate the view that constitutional reforms since 2010 have had a significant impact on the UK constitution. [30]
P1 - Brexit *Judgement
- Brexit has had a very significant impact on the UK constitution, as it fully restored Parliamentary sovereignty
- This represents a shift in power within the constitution
Evaluate the view that constitutional reforms since 2010 have had a significant impact on the UK constitution. [30]
P2 - Further Devolution to Scotland and Wales *Argue it has had a significant impact
- Following a 2011 referendum, Wales gained primary legislative control over devolved areas + Similar to what Scotland was initially given
- This led to the Coalition setting up the Silk Comission to consider further Devolution
- This led to the 2014 Government of Wales Act:
- Which renamed the Welsh Executive the Welsh Government
- Gave them control over 20 policy areas, without needing to consult Westminster
- This was a significant reform as it resulted in a further decentralisation of power
- In 2014, Socittsih independence referendum saw Scotland gain more powers to disincentivise independence - Including power over tax
- This can be seen as fiscal devolution, which moves them closer to ‘devo-max’ - Due to Scotland having more power devolved to them, this also increases the strength of West-Lothain question
Evaluate the view that constitutional reforms since 2010 have had a significant impact on the UK constitution. [30]
P2 - Further Devolution too Scotland and Wales *Argue it hasn’t had a significant impact
- These reforms had a limited impact on constitution
- As significant constitutional impact relating to Devolution, occured under New Labour in the late 1990s, specifically 1998:
- Soctland Act 1998
- Government of Wales Act 1998
- Northern Ierland Act 1998
Evaluate the view that constitutional reforms since 2010 have had a significant impact on the UK constitution. [30]
P2 - Further Devolution to Scotland and Wales *Judgement
- It has increased the power of Scottish and Welsh Parliaments
- Decentralisation of power could be seen as a constitutional impact
- However, significant impacts already occured in 1998, when New Labour first incorperated Devolution into the constitution