Essay revision Flashcards
3 reasons for codification:
Clarity in current codification isn’t clear, prerogative powers aren’t clearly stated for PM in current constitution
Codified constitution would make (technically) non binding laws into legislation, Human Rights Act 1998
Inconsistency of current codification, Fixed Term Parliament Act 2011 was repealed in 2022, which restored the PM’s powers, proving the constitution’s inconsistency and lack of legitimacy
Reasons against codification:
The current constitution is stable and is effective, 2020 EU Withdrawal Act, allowed Johnson and his 80 seat majority to pass his Act very quickly- between December 19th, 2019 and January 31st 2020.
The UK constitution has been proven to work- Blair’s devolution in 1998, allowed the other UK countries further powers
Reasons devolution was successful
Allowed for further local accountability- the Scottish Act 1998, established a Scottish Parliament and Scottish Executive, the Scotland Act 2016 gave Scotland full control over different tax rates, including the income tax rates
Increased political engagement- the Belfast Agreement of 1998 introduced the Northern Irish Assembly and introduced the electoral system STV, which allowed for more representation in Northern Ireland, and now allowed voters to further express their political views.
It has allowed for further local powers to the UK regions- in 2011, Wales had a referendum for allowing them full law-making powers in 20 devolved areas without needing Westminster’s consent. This allowed them more independence and allowed them to be recognised as a more powerful body
Give 3 reasons devolution was unsuccessful
The devolved powers are limited- Scotland passed the Gender Recognition Bill on December 22, 2022 with a vote of 86 to 39. However, on 17th January 2023, Parliament triggered Section 35 of the Scotland Act 1998 to block the bill receiving Royal Assent, which is the first time this has been used, which shows there are still measures England holds over the devolved powers.
Further powers can lead to disputes within the nations- The Northern Irish Assembly was closed between 2002-2007 following a break in trust between unionist and nationalist parties, primarily concerns over the Irish Republican Army and paramilitary activity. This was caused by the “Stormontgate” scandal, in which Sinn Fein members were accused of Spying at Stormont in Northern Irish Offices on behalf of the IRA. In response to this, the British Government suspended the Northern Irish Assembly on 14th October, 2002. This shows giving a divided nation further powers leads to significant controversy and an unstable government.
There was a lack of care for further devolved powers- The 2011 Wales referendum only received a turnout of 35.2%, which demonstrates a complete lack of care by the Welsh people for this matter.
What is Section 35 of the Scotland Act 1998?
It allows Parliament to prevent a bill from reaching royal assent under special circumstances. The Secretary of State must declare Section 35 within 4 weeks of the bill’s passage. This section effectively can block a bill becoming legislation in the UK constitution.
