The Constitution Flashcards
Strengths of a codified constitution?
- Entrenched and so has to be announced by the Supreme Court if legislation is not compatible with it
- Greater protection of civil liberties and Human Rights
- Allows the government to deal with complex constitutional issues relatively easily
- Allows people easy access to know what their rights are
- check on government power
What are the strengths of an Uncodified Constitution?
- Can be shaped and changed quickly and flexibly to address developments in society
- Judiciary is apolitical (not representative)
- has worked well traditionally
- shouldn’t limit government
- human rights are semi entrenched
- no reason to, there has been no crisis
What are areas of constitutional reform since 1997?
- Devolution
- Human Rights
- Parliamentary
- Electoral Reform
- Committee Reform
- Judiciary
Has devolution been successful since 1997?
Yes:
- In 1999 power was devolved to Scotland, Wales and Northern Ireland after yes votes in referenda
- Formed Scottish Parliament, Welsh Assembly, Northern Ireland Assembly
- Scotland has sole responsibility for certain policy issues e.g education and health
- Implementation of the London Mayor (powers over transport and the environment)
No:
- West Lothian question
- EVEL
- Give Northern Ireland and Wales more power
Has Electoral Reform been successful since 1997?
Yes:
- PR systems in Scottish Parliament, Welsh Assembly and Northern Ireland Assembly
- AV referendum 2011 NO vote
- Police and crime commissioners use PR system (SV)
- London Mayor elections using PR system (SV)
No:
- No reform to General Elections still uses FPTP (bad)
- AV referendum was ass because why were we offered AV and not another PR system (question asking skill issues)
Has Parliamentary reform been successful since 1997?
Yes:
- House of Lords Act 1999 abolished all but 92 hereditary peers
- MPs voted for a 100% elected house in 2007 (was never followed up tho)
- Brown 2010 ‘Governance of Britain’ Green paper limited powers of the executive and made it more accountable to parliament
No:
- Still 92 hereditary peers
- House of Lords is still entirely unelected which is undemocratic
- The number of Lords is constantly growing (700-800 from 2000-2022)
- Commons voted for it to change but nothing ever happened
Has Committee Reform been successful since 1997?
Yes:
- Wrights reforms mean chairs of select committees are voted for by backbenchers
- Backbench committees determine commons business for 1 day per week
- e-petitions considered by procedure petitions committee
- Government has to respond to select committees after 60 days
No:
- Select committees still have a government majority
- Committees have no binding powers
Has the Judicial Reform been successful since 1997?
Yes:
- Constitutional Reform Act 2005
- Supreme Court Act 2009 removed judicial role from House of Lords
- Separation of powers
No:
- Supreme Court cannot strike down legislation as incompatible with HRA can only declare that it is (no binding powers)
- Uncodified constitution means cannot declare something as incompatible
Have Human rights reforms been successful since 1997?
Yes:
- HRA which is semi entrenched
- Courts can make a declaration of incompatibility if legislation is not compatible with HRA
No:
- Parliament often ignores or delays declarations e.g Prisoner voting
- Human rights are not fully entrenched
What constitutional change occurred under conservative-LibDem coalition?
- fixed 5 year parliamentary terms to prevent collapse of the coalition
- recall elections
- petitions to parliament
Constitutional change by the conservative governments 2015-2024?
- EVEL (abolished in 2021)
- Brexit
- End fixed term parliaments so PM has more flexibility in choosing an election date
- Voter photo ID
