Essay Plans Flashcards

1
Q

Evaluate the view that the UK Constitution should be codified and entrenched. [30]

Introduction

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Evaluate the view that the UK Constitution should be codified and entrenched. [30]

P1 - Flexibility *Argue for

A
  • 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)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Evaluate the view that the UK Constitution should be codified and entrenched. [30]

P1 - Flexibility Argue *Against

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Evaluate the view that the UK Constitution should be codified and entrenched. [30]

P1 - Flexibility *Judgement

A
  • 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)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Evaluate the view that the UK Constitution should be codified and entrenched. [30]

P2 - Improvement of Human Rights *Argue For

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Evaluate the view that the UK Constitution should be codified and entrenched. [30]

P2 - Improvement of Human Rights *Aruge Against

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Evaluate the view that the UK Constitution should be codified and entrenched. [30]

P2 - Improvement of Human Rights *Judgement

A
  • 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’
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Evaluate the view that the UK Constitution should be codified and entrenched. [30]

P3 - Seperation of Powers *Argue For

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Evaluate the view that the UK Constitution should be codified and entrenched. [30]

P3 - Seperation of powers *Argue Against

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Evaluate the view that the UK Constitution should be codified and entrenched. [30]

P3 - Seperation of Power *Judgement

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Evaluate the view that the UK Constitution should be codified and entrenched. [30]

Conclusion

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Evaluate the view that the constitutional reforms introduced by New Labour should be taken further. [30]

Introduction

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

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

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

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

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Evaluate the view that the constitutional reforms introduced by New Labour should be taken further. [30]

P1 - Judgement

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

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

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

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

A
  • 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)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Evaluate the view that the constitutional reforms introduced by New Labour should be taken further. [30]

P2 - Human Rights Act 1998 *Judgement

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Evaluate the view that the constitutional reforms introduced by New Labour should be taken further. [30]

P3 - Devolution *Argue reform should be taken further

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

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

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Evaluate the view that the constitutional reforms introduced by New Labour should be taken further. [30]

P3 - Devolution *Judgement

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Evaluate the view that the constitutional reforms introduced by New Labour should be taken further. [30]

Conclusion

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Evaluate the view that constitutional reforms since 2010 have had a significant impact on the UK constitution. [30]

Introduction

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

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

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

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

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Evaluate the view that constitutional reforms since 2010 have had a significant impact on the UK constitution. [30]

P1 - Brexit *Judgement

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

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

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

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

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

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

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

Evaluate the view that constitutional reforms since 2010 have had a significant impact on the UK constitution. [30]

P3 - Parliamentary Reforms *Argue they did have an impact

A
  • Two main Parliamentary reforms were Fixed Term Parliament Act 2011 and English Votes for English Laws
  • Fixed Term Parliament Act was significant as it removed the power of the PM to call a snap election + Now needed a 2/3 majority
  • Significant, as it limits the power of PM
  • English Votes for English Laws could be seen as constitutionally significant as it aims to answer the West Lothain Question
  • Significant as it tackles the West Lothain question and represents a small step towards English Devolution
31
Q

Evaluate the view that constitutional reforms since 2010 have had a significant impact on the UK constitution. [30]

P3 - Parliamentary Reforms *Argue they didn’t have an impact

A
  • Both the Fixed Term Parliament Act and English Votes for English Laws were scrapped by Boris Johnson’s Government
  • Fixed Term Parliament Act was scrapped in 2022, after Boris Johnson was able to successfuly call a snap election in 2017 and 2019 by shaming the Opposition into it
  • The Opposition would never block this, as it would make them seem weak
  • English Votes for English Laws were scrapped by Johnson in 2021, as they complicated the legislative process and were ineffective
32
Q

Evaluate the view that constitutional reforms since 2010 have had a significant impact on the UK constitution. [30]

P3 - Parliamentary Reforms *Judgement

A
  • Impact was limited as both reforms were later scrapped by Johnson’s government
  • However, if they were not scrapped, they would have had the potential to be constitutionally significant
33
Q

Evaluate the view that constitutional reforms since 2010 have had a significant impact on the UK constitution. [30]

Conclusion

A
  • Few constitutional reforms since 2010 have had a significant impact on the constitution
  • Brexit restored Prliamentary sovereignty - However, the extent to which the EU was sovereign was limited - So it could be argued that it was not worth leaving the EU
  • Devolution reforms gave more power to Wales and Scotland, however, the significant constitutional change occured in 1998 when New Labour first introduced Devolution into the constitution
  • Parliamentary reforms since 2010, such as the Fixed Term Parliament Act and English Votes for English Laws were insiginficant as they were both scrapped by Johnson’s government
  • Overall, most reforms were insiginficant, however, Brexit has had the most significant impact out of all reforms since 2010
34
Q

Evaluate the view that Devolution reforms haven’t gone far enough. [30]

Introduction

A
  • Define Devolution
  • Reforms were first established by New Labour in 1998
  • This essay will be exploring potential further reforms, such as an English Parliament, more regional devolution in England and also whether more powers should be granted to devolved bodies
35
Q

Evaluate the view that Devolution reforms haven’t gone far enough. [30]

P1 - English Parliament *Argue that reform is necessary because reforms haven’t gone far enough

A
  • Would make the system of devolution more symmetrical, solving the problem of asymmetry
  • An English Parliament would grant English citizens with the same level of representation as the rest of the UK
  • This would allow policy preferences of English people to reflect their interests, (as it has done in Scotland - They are more left wing, so they have imposed higher income tax)
  • This also would help answer the West Lothain question
36
Q

Evaluate the view that Devolution reforms haven’t gone far enough. [30]

P1 - English Parliament *Argue that the reform is not necessary because reforms have gone far enough

A
  • There is little demand for an English Parliament, as it could potentially create more problems than it could solve
  • Could also create tensions with the UK population, as it is predominantly comprised of English citizens - This means that an English Parliament may be viewed as having more power than other devolved bodies
37
Q

Evaluate the view that Devolution reforms haven’t gone far enough. [30]

P1 - English Parliament *Judgement

A
  • English Parliament would not solve issues relating to the current system, but would instead be an extra layer to an already complex system
  • Plus, there is limited support for further reform
38
Q

Evaluate the view that Devolution reforms haven’t gone far enough. [30]

P2 - Regional Devolution in England *Argue that the reform is necessary because reforms haven’t gone far enough

A
  • Deliver greater representationn of local interests, without distrupting the UK Parliament or causing tensions with other devolved bodies
  • Ex: Greater Manchester City Region, (which has it’s own elected mayor), has been effective in gaining significant administrative control over healthcare, which has led to an increase in life expectancy + They also value physical and mental health, which shows that their interests have been represented
  • This can be extremely beneficial to all areas across the UK with a strong sense of regional identity, like Cornwall
39
Q

Evaluate the view that Devolution reforms haven’t gone far enough. [30]

P2 - Regional Devolution in England *Argue that the reform is not necesary because reforms have gone far enough

A
  • Little support for regional assemblies in England
  • Ex: Birmingham referendum in 2012 on whether they should have an elected mayor - Only supported by approximately 27% of voters and there was only a 58% turnout
  • This reform could cause tensions with local councils, as they would cover larger areas and therefore take into account more viewpoints, which could lead to tension
  • Also, this reform would not benefit regions that do not have a strong sense of regional identity
40
Q

Evaluate the view that Devolution reforms haven’t gone far enough. [30]

P2 - Regional Devolution in England *Judgement

A
  • Regional assemblies can be effective at delivering greater local representation and ensuring democracy, as evidenced by the Greater Manchester City region
  • However, the reform should only take place if there is sufficient demand for it
  • Which, as evidenced by the Birmingham referendum, there isn’t - However, it could be argued that, because that referendum was some time ago, demand for this may have increased since then
41
Q

Evaluate the view that Devolution reforms haven’t gone far enough. [30]

P3 - Further powers being granted to Scotland, Wales & Northern Ierland *Argue that this reform is necessary because reforms haven’t gone far enough

A
  • Devolved bodies have shown they can run public serives effectively, as evidenced during COVID-19 - This means they could be granted more autonomy over public services
  • Granting more powers to devolved bodies will allow them to reflect their population’s interests
  • Ex: Scotland is nutoriously more left-wing than the rest of the UK, hence why it has higher income tax rates - This has allowed Scotland to move closer to ‘Devomax’
  • Brexit also allows room for reform, as devloved bodies could be granted powers that were originally held by the EU - This may disincentivise independence, as they are provided with more autonomy
42
Q

Evaluate the view that Devolution reforms haven’t gone far enough. [30]

P3 - Further powers being granted to Scotland, Wales & Northern Ierland *Argue that this reform is not necessary because reforms have gone far enough

A
  • To a certain extent, devolved bodies have been ineffective and therefore it doesn’t make sense to grant them further powers
  • They have failed to reflect the economic and policy benefits of devolution
  • Ex: Northern Irish Parliament is frequently being suspended due to tensions and lack of compromise between Sin Fein and the DUP
43
Q

Evaluate the view that Devolution reforms haven’t gone far enough. [30]

P3 - Further powers being granted to Scotland, Wales & Northern Ierland *Judgement

A
  • Further devolution should be granted to Scotland and Wales but not Northern Ierland
  • In Scotland and Wales it would allow for greater representation and disincentivise independence
  • However, the Northern Irish Parliament has proven to be ineffective, meaning it does not make sense to grant a dysfunctional Parliament more power
44
Q

Evaluate the view that Devolution reforms haven’t gone far enough. [30]

Conclusion

A
  • Devolution hasn’t gone far enough in the UK and the population should be given the opportunity to demand further devolution
  • In England, this should be through local referendums and regional assemblies, as an English Parliament would be impractical - This reform would also help to answer the West Lothain question
  • However, reform should only be imposed if there is demand from English population
  • Further powers should be granted to Scotland and Wales, but not Northern Ierland
  • These powers would allow for greater representation in Soctland and Wales and disincenivsie independence - However, Northern Irish Parliament has proven to be ineffective, meaning it doesn’t make sense to grant a dysfunctional Parliament more powers
45
Q

Evaluate the view that Devolution has been a success. [30]

Introduction

A
  • Define Devolution
  • Devolution was first established by New Labour in the late 1990s, specifically 1998
  • In this essay I will be exploring the impacts of Devolution on democracy, unity of the United Kingdom and finally, I will be looking at areas for further reform
46
Q

Evaluate the view that Devolution has been a success. [30]

P1 - Democracy *Argue for it being successful

A
  • Greater democracy/local representation can be achieved through devolved bodies
  • Ex: Socttish population are more left-wing than the rest of the UK - This is reflected in policies such as free tuition fees and higher income tax - This has only been possible because of the Scotland Act 1998 and the Scotland Act 2016
  • Another example of democracy being present with Devolved bodies was COVID-19 - England, Scotland, Wales and Northern Ierland all eased restrictions at different paces
  • This allows the needs of the many to be met
47
Q

Evaluate the view that Devolution has been a success. [30]

P1 - Democracy *Argue for it not being successful

A
  • Although Devolution does deliver greater representation, it could still be argued to be unsuccessful as it undermines, A.V Dicey’s twin pillars, particularly Parliamentary Sovereignty
  • This is because, Devolution is transfering powers away from Parliament
  • In addition to this, greater local representation can create inequality, as Scotland may have access to different kinds of healthcare and education, depending on which powers have been devolved to them
48
Q

Evaluate the view that Devolution has been a success. [30]

P1 - Democracy *Judgement

A
  • Devolution has been a success for democracy, as although it could be argued to create inequality, it is ultamately positive, as it provides different parts of the UK with local representation
49
Q

Evaluate the view that Devolution has been a success. [30]

P2 - Unity of United Kingdom *Argue it has increased unity

A
  • One of the main reasons for Devolution was to keep the UK together
  • As no nationalist ovement has yet achieved independence, it can be argued that Devolution has been successful at maintaining the unity of the UK
50
Q

Evaluate the view that Devolution has been a success. [30]

P2 - Unity of United Kingdom *Argue it has decreased unity

A
  • Devolution increased nationalism and calls for indepence
  • This is because Devolution has shown that Scotland, Wales and Northern Ierland can govern themselves, which has given nationalist parties and politicians a platform
  • Ex: Since the Scottish referendum in 2014, support for Scottish independence has increased, despite being devolved more powers
  • Support for Welsh independence is also said to have increased
  • This desire for independence has also created tensions between the devolved bodies and the UK Parliament
  • Ex: Mark Drakeford called Johnson, “really, really awful,” for neglecting the Welsh population when formulating and announcing COVID-19 polciies
51
Q

Evaluate the view that Devolution has been a success. [30]

P2 - Unity of United Kingdom *Judgement

A
  • Devolution hasn’t been a success in maintaing the unity of the UK
  • Although it tried to be granting powers to disincentivise independence, it instead showed them that they can govern themselves
  • This has created more demand for independence amongst Scotland and Wales and has also led to tensions between devolved parties and the UK Parliament
52
Q

Evaluate the view that Devolution has been a success. [30]

P3 - Potential for further reform *England

A
  • English Parliament or an increase in regional assemblies
  • Would help to create a more coherent and symmetrical system
  • However, this could potentially cause tensions with local councils + There is little demand for the reform
  • However, if there was demand, then either reform could be beneficial to England, especially an English Parliament, as it would help to tackle the West Lothian question
53
Q

Evaluate the view that Devolution has been a success. [30]

P3 - Potential for further reform *Scotland

A
  • Because of Brexit, Westminster could devolve more powers to Scotland to try and help them move closer to ‘devomax’ and disincentivise independence
  • However, as mentioned there is still demand for independence since more powers were devolved to them, so there is no guarantee that this would work
  • However, it could potentially, as the EU had control over important issues, especially relating to economics and trade
54
Q

Evaluate the view that Devolution has been a success. [30]

P3 - Potential for further reform *Wales

A
  • Because of Brexit, Westminster could devolve more powers to Wales to try and disincentivise independence
  • However, as mentioned with Scotland, the extent to which this would be effective is up for debate, as although more powers were devolved to them the demand for independence has still grown
55
Q

Evaluate the view that Devolution has been a success. [30]

Conclusion

A
  • Devolution has been a success according to some aioms and a failure according to others
  • Can be seen as a success in terms of democracy, as it has delivered greater local representation
  • However, it can be seen as a failure in terms of unifying the UK, as the demand for independence has increased since 2014 in Scotland, despite the 2016 scotland Act moving them closer to ‘devo-max’
  • There are also tensions between devolved bodies and Westminster
  • Devolution isn’t nearly as successful as it could be, because the system is still asymmetrical
  • Finally, the feasabiliy and desire for further reform can be debated, as granting more powers may decrease Parliamentary Sovereignty
56
Q

Evaluate the view that Parliament holds the Government to account effectively. [30]

Introduction

A
  • Define Parliament
  • Parliament holds the Government to account through, PMQs, select comittees and legislative scrutiny
57
Q

Evaluate the view that Parliament holds the Government to account effectively. [30]

P1 - PMQs *Argue for them being effective at holding the Government to account

A
  • Leader of Opposition can ask 6 questions and the leader of the 3rd biggest party can ask 2 questions
  • This gives them the ability to expose Government failure, while simulatenously suggesting that they will be more effective
  • The fact that it is televised also forces the Government to adress the public
  • Ex: Jermey Corbyn made a habit of asking questions from members of the public
  • The fact that it is televised forces ministers to be competent and to use rational arguements as opposed to political demogoguery as it could harm their image and the image of their party
58
Q

Evaluate the view that Parliament holds the Government to account effectively. [30]

P1 - PMQs *Argue for them not being effective at holding the Government to account

A
  • PMQs is more focused on partisan political point scoring than effective scrutiny + Ministers often give answers to try and generate social media attention, rather than answer to scrutiny
  • PMQs is also very boisterous and can be argued to be more about entertainment and parliamentary theatre
  • This can create a negative image of politics in the public, which may lead to them having less trust in the Political process
59
Q

Evaluate the view that Parliament holds the Government to account effectively. [30]

P1 - PMQs *Judgement

A
  • Can be argued that PMQs should be scrapped and that more attention should be placed on other forms of scrutiny, such as the Laison comittee
  • However, PMQs can still be argued to be effective as it allows the Opposition to question the Government, forcing them to be competent and rationally defend their decisions
60
Q

Evaluate the view that Parliament holds the Government to account effectively. [30]

P2 - Select Comittees *Argue for them being effective at holding the Government to account

A
  • Questioning is calm, measured, professional and less partisan than PMQs + This means that this form of televised scrutiny is more respected than PMQs
  • Since the Wright reforms, Select Comittees are more independent of Government and it also means that comittee chairs are no longer chosen by whips
  • This means that prominent backbench MPs who oppose the Government to obtain key roles in Select Comittees
  • Ex: Former Immigration Minister Caroline Nokes, is the chair of the Women and Equalities Committee and they have consistently criticised the Government
  • Select comittees can generate lots of public attention, which means the Government is scrutinised by public opinion
  • Ex: The Priveleges selct Committee, scrutinising former PM, Boris Johnson over ‘partygate’
61
Q

Evaluate the view that Parliament holds the Government to account effectively. [30]

P2 - Select Committees *Argue for them not being effective at holding the Government to account

A
  • The resources that select comittees have access to is limited
  • Meaning some parts of the Government can be held to account but not all of them
  • The power of a select comittee to summon a witness to aid scrutiny is not unlimited
  • Ex: In 2013, the Home Secretary Theresa May blocked the Home Affairs Select Committee from interviewing Andrew Parker, (Head of MI5)
62
Q

Evaluate the view that Parliament holds the Government to account effectively. [30]

P2 - Select Comittees *Judgement

A
  • Select committees are effective
  • Media coverage increases public interests and allows the Government to be scrutinised by public opinion
  • However, they only have limited resources and can therefore only investigate limited topics
  • Their power to summon a witness is not unlimited, meaning sometimes they can’t question certain people, even to help them effectively scrutinise the Government
63
Q

Evaluate the view that Parliament holds the Government to account effectively. [30]

P3 - Legislative scrutiny *Argue it is effective at holding the Government to account

A
  • HoL is effective at holding the Government to account
  • HoL often makes technical amendments
  • HoL do back down if amendments are reject by the HoC, due to lack of democratic legitimacy
  • Hoowever, sometimes they do take a stand, especially to protect human rights
  • Ex: In 2001, 10 defeats in the HoL led to the remova of the 2001 Anti-Terrorism, Crime and Security Act, which undermined the rights of innocent members of minority groups
  • This shows that HoL is aware of democratic iligitimacy, however, they are willing to stand and challenge the Government if they feel it is necessary
64
Q

Evaluate the view that Parliament holds the Government to account effectively. [30]

P3 - Legislative scrutiny *Argue that it is not effective at holding the Government to account

A
  • When a Government has a large majority in the HoC, they are almost always able to pass legislation through the HoL
  • Ex: Blair was defeated 3 times between 1997-2010
  • Legislative powers of HoL have been limited by the 1911 and 1949 Parliament Acts
  • 1911 Parliament Act - Removed veto power and swapped it with 2 year delaying power + HoL couldn’t handle ‘money bills’
  • 1949 Parliament Act - After Sailsbury convention was broken in 1945, this Act reduced HoL veto power to 1 year
65
Q

Evaluate the view that Parliament holds the Government to account effectively. [30]

P3 - Legislative scrutiny *Judgement

A
  • Effectiveness depends on Government majority, as evidenced by Blair only losing in the HoL 3 times between 1997-2010
  • HoL can provide effective legislation, however, the power of the Upper Chamber has been reduced by the Parliament Acts 1911 and 1949
  • Conventions like the Sailsbury convention also limit the power of the HoL, as they cannot vote down any legislation that fufils a Government party’s election manifesto
66
Q

Evaluate the view that Parliament holds the Government to account effectively. [30]

Conclusion

A
  • Parliament is effective at holding the Government to account
  • More effective at holding weak Governments to account, than stronger Governments, as evidenced by Blair’s strong Government only being defeated 3 times, between 1997-2010
  • HoL has been restricted by Parliament Act 1911 and 1949, making them less effective at scrutiny
  • Conventions like the Sailsbury conention also limits the ability of the Lords to do so
  • Select comittees are effective, however, because of limited resources they can only investigate a limited number of issues and only hold certain parts of Parliament to account
  • PMQs can be effective, in terms of making sure Ministers are accountable, however, it can be argued to be more focused on partisan political point scoring - More focus could be placed on other forms of scrutiny, such as the Laison comittee
67
Q

Evaluate the view that Parliament is descriptively representative of the electorate. [30]

Introduction

A
  • Define Parliament and Electorate
  • This essay will explore how Parliament can be representative in 3 ways:
    1. Democratically representative
    2. Descriptivelt representative
    3. How well they represent the interests of the public
68
Q

Evaluate the view that Parliament is descriptively representative of the electorate. [30]

P1 - Democratically representative *Argue that it is

A
  • HoC can be seen as representative as it is voted on a regular basis, with MPs representing a small number of voters
  • This means, voters can hold representatives to account and remove them if they are ineffective
  • Each MP has to win a plurality of voters in their constituency
  • However, some MPs win the majority, (Ex: Gavin Williamson won 73% of the vote in South Staffordshire in 2019)
69
Q

Evaluate the view that Parliament is descriptively representative of the electorate. [30]

P1 - Democratically representative *Argue that it isn’t

A
  • HoL is unelected, yet still holds significant powers to scrutinise/delay legislation
  • However, this was limited by the Parliament Acts of 1911 and 1949
  • However, although the 1999 House of Lords Act, was supposed to make the Upper Chamber more representative, the second stage of the reform never occured, which means 92 hereditary peers still remain
70
Q

Evaluate the view that Parliament is descriptively representative of the electorate. [30]

P1 - Democratically representative *Judgement

A
  • Parliament isn’t representative
  • HoL is unelected and is therefore fundamentally undemocratic
  • Also, the HoC uses the First Past The Post voting system, (plurality voting system), which is unproportional and undemocratic
71
Q

Evaluate the view that Parliament is descriptively representative of the electorate. [30]

P2 - Descriptively representative *Argue that it is - HINT: It isn’t and there aren’t really arguments for it - Think about ways to improve this issue

A
  • Attempts have been made to increase how descriptively representative Parliament is
  • These include, using all-women shortlists and headhunting/mentoring candidates from minority ethnic backgrounds
72
Q

Evaluate the view that Parliament is descriptively representative of the electorate. [30]

P2 - Descriptively representative *Argue that it isn’t

A
  • After 2019 election, just 34% of HoC and 29% of HoL were women
  • After 2019 election, just 10% of HoC and approximately 7% of HoL came from ethnic minority backgrounds
  • Statistics like these, show that there is a huge lack of descriptive representation in Parliament
  • If Parliament were to be more representative, then it would lead to a better understanding of the wishes of the population, as diverse issues and interests will be represented
73
Q

Evaluate the view that Parliament is descriptively representative of the electorate. [30]

P2 - Descriptively representative *Judgement

A
  • Parliament remains very unrepresented in regard to race, gender, sex and educational background
  • This could be seen as a major problem as it leads to the views of marginalised sections of the population being ignored and not represented in policy formulation
74
Q
A