5.4 - In What Ways Could the UK Constitution be Further Reformed? Flashcards

1
Q

How have critics argued the constitutional reforms have not gone far enough?

A
  • Devolution has not been granted to England.
  • HoL still lacks democratic legitimacy.
  • ECHR has been incorporated into UK law, but citizen’s rights have not been entrenched in a constitution.
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2
Q

Why do people argue against further HoL reform?

A
  • It contains experts from every field, making their scrutiny high quality.
  • The HoC prevails due to their democratic legitimacy, preventing gridlock between the two houses.
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3
Q

Why did the case for electoral reform seem important in 2015?

A
  • A multiparty democracy seemed more likely.
  • UKIP and Green won 5 million votes but only won 2 seats.
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4
Q

Why has the case for electoral reform curtailed since 2015?

A

In 2017, Conservatives and Labour took 82.4% of the popular vote.

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5
Q

What are the arguments in favour of further devolution to England?

A
  • England is the most populous region, yet does not have their own government.
  • There is a popular case for devolution.
  • There is an asymmetric UK.
  • The Bartnett Formula means that spending per capita in England is less than in other regions in the UK.
  • Regional identity is strong in regions such as Cornwall and Yorkshire.
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6
Q

What are the arguments against English devolution?

A
  • Most English people are content that their interests are sufficiently represented in Parliament.
  • EVEL mostly addressed the West Lothian question.
  • An English Parliament could threaten the Westminster Parliament.
  • Not all areas of the UK have a strong sense of regional identity.
  • There could be a democratic overload which would undermine the legitimacy of any results.
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7
Q

What are the other countries that do not have a codified constitution?

A

Isreal, Saudi Arabia, Canada and New Zealand.

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8
Q

What is the main criticism of the lack of a codified constitution?

A

There is no protection for the Bill of Rights.

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9
Q

What did Lord Hailsham warn about Parliament?

A

It could become an ‘elective dictatorship’ because there are so few constraints on the influence of government.

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10
Q

What problems would the Investigatory Powers Act 2016 have run into in an instance with a codified constitution?

A

Civil liberties would have been protected in a codified constitution.

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11
Q

What have the criticisms of EVEL said?

A

It is an inherent advantage for Conservative governments, and disadvantage for Labour governments.

Conservatives tend to win most, if not all, of their seats in England.

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12
Q

Why are there supporters of the UK’s uncodified constitution?

A
  • It allows legislation to respond to social developments.
  • British constitution is highly democratic.
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13
Q

Should the UK have a codified constitution with an entrenched Bill of Rights? (Yes)

A
  • Protections from arbitrary government.
  • Acts of Parliament can suspend provisions from other governments.
  • The authority of the Supreme Court would be enhanced.
  • A codified constitution would clarify the relationship between branches of government.
  • Minority rights can be more protected.
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