Evaluate The View That Constitutional Reforms Introduced Since 2010 Have Had A Significant Impact On The UK Constitution. Flashcards
yes- brexit
Brexit restored UK parliamentary sovereignty, ending EU law supremacy.
1990 Factortame Case: UK forced to change the Merchant Shipping Act due to EU law supremacy.
Post-Brexit, no higher court can strike down UK laws, allowing Parliament to legislate freely.
Example: The Illegal Migration Bill of 2023, a policy area previously influenced by EU law.
against- brexit
Limited EU control: EU had influence over trade, competition, customs, tariffs, and some policies like immigration, agriculture, and foreign affairs, but the UK remained sovereign in areas like taxation, defense, health, and education.
Brexit’s limited constitutional impact: Since Parliament was largely sovereign even within the EU, Brexit’s impact on the UK’s constitution may be seen as minimal in terms of sovereignty.
for- further devo to Scott Wales and NI
Wales:
2011 referendum led to primary legislative control for Wales, similar to Scotland’s powers.
2014 Government of Wales Act: Welsh Government gained control over landfill tax and stamp duty, alongside existing powers in health, education, and transport.
This decentralised power from UK Parliament, significant constitutional reform.
Scotland:
2014 Scottish Independence Referendum prompted further devolution to Scotland, particularly through the Scotland Act 2016.
New powers: Control over 50% of VAT, full control over income tax rates and bands, key welfare benefits, and voting age (reduced to 16).
This was fiscal devolution, bringing Scotland close to ‘devomax’ and increasing the West Lothian Question’s prominence, thus impacting the constitution by reducing UK Parliament’s sovereignty.
England:
Trailblazer Devolution Deals (March 2023) for Greater Manchester and the West Midlands granted administrative control and funding autonomy to local regions.
Labour’s Devolution Push: Under Starmer, 8 new devolution agreements signed, expanding devolution across England.
Devolved bodies now cover 64% of the English population, with significant regional influence in areas like the North.
against- devo true shift was in 1990’s
Devolution (Wales & Scotland):
While powers were increased for Welsh and Scottish parliaments, these changes can be seen as marginal compared to the 1990s reforms under New Labour, which marked the true shift in constitutional change.
Further reforms merely build on the significant devolution established then, rather than introducing substantial new changes.
English Regional Devolution:
Regional devolution in England is limited in impact, as devolved bodies do not have primary legislative control like Scotland, Wales, or Northern Ireland.
These bodies only have financial autonomy and administrative control over certain policy areas (e.g., transport, regional economic policy), which is seen as a minor shift in the constitution.
for-parliamentary reforms
Three Key Parliamentary Reforms and Their Impact on the UK Constitution:
Fixed Term Parliaments Act (2011):
Purpose: Removed the Prime Minister’s prerogative power to call a snap election, requiring ⅔ of Parliament to support a snap election.
Impact: It limited the PM’s power, ensuring that elections were held at fixed intervals rather than being influenced by political calculations.
Significance: A significant constitutional change, curbing the power of the executive by reducing the PM’s ability to call elections at will.
English Votes For English Laws (2015):
Purpose: Addressed the West Lothian Question, allowing only English MPs to vote on legislation that affects England, not the entire UK.
Impact: Gave English MPs a veto on English-only laws and introduced an aspect of English devolution.
Significance: Tackled regional imbalance and enhanced the autonomy of English MPs within the UK Parliament. was used for around 1/3 of bills in the 2015-2017 Parliament
Recall of MPs Act (2015):
Purpose: Allowed constituents to trigger a by-election if an MP is sentenced to prison or suspended for over 21 days, with 10% of constituents signing a petition.
Example: The 2019 Brecon and Radnorshire by-election followed MP Christopher Davies’ expenses scandal.
Impact: Increased accountability by introducing direct democracy, allowing voters a means of removing scandalous MPs between elections.
Significance: A step towards improving democratic representation and accountability in Parliament.
Ian paisley
no- parliamentary reforms
Fixed Term Parliaments Act (2011):
Limited Impact: The act was largely ineffective, as it was circumvented after the coalition government.
Example: The Prime Minister successfully called snap elections in 2017 and 2019 by pressuring the opposition.
Outcome: The act was scrapped by Boris Johnson’s government in 2022, showing that it had limited long-term constitutional impact.
English Votes For English Laws (2015):
Limited Impact: The reform failed to significantly empower English MPs and didn’t create a meaningful form of English devolution.
Issues: It added unnecessary complexity to the legislative process and did not address English identity or provide meaningful autonomy.
Outcome: The reform was abolished by Johnson’s government in 2021, indicating its limited impact on the UK constitution.
Recall of MPs Act (2015):
Limited Impact: The act only applies to MPs who have been convicted or suspended, not to all MPs.
Scope: It introduces an element of direct democracy but only for a narrow group of MPs, limiting its overall effectiveness in enhancing parliamentary accountability.
sections
1.brexit
2.firther devo devomax
3.parliamentary reforms
LOA
limited impact
