UK's constitution requires major change? Flashcards
Flexibility of the Uncodified Constitution
The Good Friday Agreement (1998) and the subsequent devolution to Northern Ireland,
FTPA 2011 repealed 2022
Parliamentary Sovereignty Remains Vital
Roe v Wade in america- unelected judicary making decisions
The FTPA was heavily criticised for creating gridlock (e.g., during the 2019 Brexit deadlock).
Traditional Institutions Have Worked Well
The House of Lords was reformed in 1999 to remove most hereditary peers– HL reform 2024-25 intends to removing remaining
The royal prerogative powers have been used to manage national crises, like the response to the COVID-19 pandemic.
Salisbury convention- ensure that there are checks without undermining the government.
Lack of a Codified Constitution can cause inconsistencies and ambiguity
During the Brexit process (2016–2019), confusion over whether Parliament or the government had the authority to trigger Article 50 showed the lack of clear constitutional rules.
The legal basis for Scotland holding a second independence referendum without Westminster’s consent remains unresolved (ruled against by the UK Supreme Court in 2022).
current system may undermine Parliamentary Sovereignty
The House of Lords, though reformed in 1999, remains an unelected body, which contradicts democratic principles.
Human Rights Protection Needs Strengthening
Governments can easily amend or repeal the Human Rights Act1998 with a majoity, as seen in attempts to replace it with a British Bill of Rights (which could weaken protections).
Miller II (2019)The Royal Prerogative powers (such as the ability to issue passports or declare war) are not formally regulated, leading to concerns about executive overreach.