Reforms to the constitution Flashcards
Question
Evaluate the view that reform to the UK constitution has not gone far enough.
Factors
- Devolution
- Lords Reform
- Codification and clarity
Judgement
Reforms have not gone far enough
Weaker argument - devolution
→ Devolution in Northern Ireland ended ‘The Troubles’ - it was a peace agreement.
→ The 2014 Scottish Independence Referendum - Scotland voted to remain in the Union.
Stronger argument - devolution
→ The ‘West Lothian Question’ remains unanswered.
→ Polling suggests support for greater devolution rises as high as 87% in the Tees Valley city-region. In London and Greater Manchester, 85% of people support it.
→ Metro mayors Andy Burnham has argued that central government controls over funding inhibit the ability to tailor budgets to local priorities, such as social housing or transport infrastructure.
Weaker argument - Lords reform
→ The Parliaments Act means the Lords can’t block legislation - more democratic as the Lords aren’t an elected house.
→ House of Lords reform under New Labour removed 658 hereditary peers - removing the injustice of inherited power.
→ Addition of life peers in 1999 - means there are more representative peers - Baroness Altman advocating for pensioners.
Stronger argument - Lords reform
→ 92 hereditary peers remain in the House of Lords.
→ Appointment process means that the Lords has many loyal party supporters rather than experts: Johnson appointed his brother and a Russian oligarch with KGB affiliations.
→ Despite being unelected the Lords has substantial influence over legislation - e.g. Brexit legislation.
→ Lack of representation.
Weaker argument - protection of rights
→ The Freedom of Information Act 2000 has enhanced transparency.
→ The HRA means that it is easier to access rights in the UK - before you had to go to the ECHR.
→ 2010 Equalities Act - protects 7 characteristics in the workplace e.g. race, sex, disabilities.
→ CRA means that the Supreme Court was separate to the legislative - better protection of rights as it is non-partisan.
Stronger argument - protection of rights
→ The Human Rights Act 1998 can be repealed or amended by a simple majority in Parliament.
→ The ECHR ruled that prisoners should have the vote in the UK - Parliament overruled this.
→ The Supreme Court is not always effective in protection people’s rights: Unauane Vs UK he was deported despite having children in the UK.