1: The constitution
Constitutional reforms success
Devolution under labor
- Devolved bodies created for Scotland, Wales, Northern Ireland following referendums in
1997-1998
- Designed to damp down support for the pro-independence SNP and to bring together
the conflicting unionist and nationalist factions in Northern ireland.
Led to devolved power -- arguably made parliament less sovereign - no longer the only
legislative body
- Scotland had powers to make primary legislation in all areas of policy which are not
expressly 'reserved' for the UK Government
Devolution under conservative
granted further powers to Welsh National assembly - gave direct law making power
Granted further powers to Scottish parliament - power to set own income tax
HOWEVER
Some would argue it is not legitimate devolution and is insignificant as
- Parliament has legal sovereignty, enabling the ability to reclaim any of the powers given
away to any institutions/governments as well as the ability to repeal the devolution act
entirely.
- Sewel convention remains just a political convention and is not legally binding, thus
undermining its Scotland and Wales acts
- ‘United Kingdom Internal Market Act 2020’ - gives westminster ability ability to overrule
the Scottish Parliament’s decisions under the guise of protecting the UK internal market
- ‘West Lothian question’ - Scottish MP able to vote on purely English matters yet english
MPs have no input on issues devolved to scottish parliament.
Also The greater autonomy within the regions of the UK has fuelled demands for
independence in Scotland and made Brexit even more problematic.
efforts to democratise the UK political system:
House of Lords
The House of Lords Act of 1999 - The government wanted to reform parliament by removing
hereditary peers in the house of lords and to have an all appointed chamber as this would
ensure that all the seats consist of people that are experienced and knowledgeable
, However, there was some obstruction to this: government had to compromise with the peers
by allowing 92 hereditary peers to retain their seats -- not a complete success -- not fully
democratic --- prevent the house from becoming a more professional and efficient body
Wright reforms - busniess committee, chairs of committees should be elected by secret
ballot
Recall of MPs act
allows constituencies to ‘recall’ an MP who had been involved in some kind of misbehaviour. It
requires a petition supported by at least 10% of the MPs’ constituents to set the process in
motion.z
- Represents the wants of the constituents -- democratic
- representatives of the people should be held accountable and face consequences for
wrong doings which keeps the MPs in check and assures that the people can put their
trust in them
- Successful with Fiona Onasanya
Codified v uncodified/ if uk constitution needs reform:
Uncodified constitution creates uncertainties due to lack of entrenchment and fails to clarify
significant aspects of the political system. A codified constitution would lead to a single rigid
document that can be referred to.
- Will help solve the lack of clarity about the constitutional requirement of parliament to
approve deployment of armed forces. Convention lacks clarity and can be circumvented
by the PM as seen in 2013 - humanitarian grounds
- The legal status of referendums, for example, has never been properly set out.
Referendums have not traditionally been regarded as a part of the UK constitution --
increased use recently
Lack of clarity leads to debate and conflict - less smooth and efficient
However, a less rigid and flexible nature leads to organic constitution that is responsive
- UK is ever changing - especially with technology, globalisation
- same sex marraige bill that received its First Reading on 24 January 2013 and by
february 5th the act was passed showing the flexibility of the constitution and how rapidly
it can adapt to changing societal views -- better and quicker representation
- Supreme court can be used to clear up confusion - prorogue parliament
could clearly outline the powers of the executive and would mean the executive is constrained
by a rigid codified document.
Constitutional reforms success
Devolution under labor
- Devolved bodies created for Scotland, Wales, Northern Ireland following referendums in
1997-1998
- Designed to damp down support for the pro-independence SNP and to bring together
the conflicting unionist and nationalist factions in Northern ireland.
Led to devolved power -- arguably made parliament less sovereign - no longer the only
legislative body
- Scotland had powers to make primary legislation in all areas of policy which are not
expressly 'reserved' for the UK Government
Devolution under conservative
granted further powers to Welsh National assembly - gave direct law making power
Granted further powers to Scottish parliament - power to set own income tax
HOWEVER
Some would argue it is not legitimate devolution and is insignificant as
- Parliament has legal sovereignty, enabling the ability to reclaim any of the powers given
away to any institutions/governments as well as the ability to repeal the devolution act
entirely.
- Sewel convention remains just a political convention and is not legally binding, thus
undermining its Scotland and Wales acts
- ‘United Kingdom Internal Market Act 2020’ - gives westminster ability ability to overrule
the Scottish Parliament’s decisions under the guise of protecting the UK internal market
- ‘West Lothian question’ - Scottish MP able to vote on purely English matters yet english
MPs have no input on issues devolved to scottish parliament.
Also The greater autonomy within the regions of the UK has fuelled demands for
independence in Scotland and made Brexit even more problematic.
efforts to democratise the UK political system:
House of Lords
The House of Lords Act of 1999 - The government wanted to reform parliament by removing
hereditary peers in the house of lords and to have an all appointed chamber as this would
ensure that all the seats consist of people that are experienced and knowledgeable
, However, there was some obstruction to this: government had to compromise with the peers
by allowing 92 hereditary peers to retain their seats -- not a complete success -- not fully
democratic --- prevent the house from becoming a more professional and efficient body
Wright reforms - busniess committee, chairs of committees should be elected by secret
ballot
Recall of MPs act
allows constituencies to ‘recall’ an MP who had been involved in some kind of misbehaviour. It
requires a petition supported by at least 10% of the MPs’ constituents to set the process in
motion.z
- Represents the wants of the constituents -- democratic
- representatives of the people should be held accountable and face consequences for
wrong doings which keeps the MPs in check and assures that the people can put their
trust in them
- Successful with Fiona Onasanya
Codified v uncodified/ if uk constitution needs reform:
Uncodified constitution creates uncertainties due to lack of entrenchment and fails to clarify
significant aspects of the political system. A codified constitution would lead to a single rigid
document that can be referred to.
- Will help solve the lack of clarity about the constitutional requirement of parliament to
approve deployment of armed forces. Convention lacks clarity and can be circumvented
by the PM as seen in 2013 - humanitarian grounds
- The legal status of referendums, for example, has never been properly set out.
Referendums have not traditionally been regarded as a part of the UK constitution --
increased use recently
Lack of clarity leads to debate and conflict - less smooth and efficient
However, a less rigid and flexible nature leads to organic constitution that is responsive
- UK is ever changing - especially with technology, globalisation
- same sex marraige bill that received its First Reading on 24 January 2013 and by
february 5th the act was passed showing the flexibility of the constitution and how rapidly
it can adapt to changing societal views -- better and quicker representation
- Supreme court can be used to clear up confusion - prorogue parliament
could clearly outline the powers of the executive and would mean the executive is constrained
by a rigid codified document.
