Constitutional reform Flashcards
R. Braziers definition of consitutional reform
‘Reform cannot come about unless a political party delivers it while in government’ - all consitutional cahnge relies on parties who want to change it
An era of consitutional reform/change - new labour
Substantial changes to the past
Parties were proactive and not reactive waiting for crisis
Huge amount of statue - HRA 1998, Northern Ireland act 1998, Government of wales act 1998
Other fundamental changes
Devolution which bought govenrment clsoer to the people and centralised power
HRA - Protected indivudals rights and lvierties
Supreme court made the judiciary more independant to improve control over abuses of government and protection of human rights
Reform of HoL to make it a more democratic insitution
implications of the proactive approach
Bogdanor and Voganauer - Suggests this process is one of a gradual codification of the consitution. - HRA was the cornerstone of a codified consitution
Enacting laws and substantive reform but not thinking of structure of consitution
Coalition Reform
Extension of era of reform
Attempted a lot of change - New membership model to HoL - Failed
Changed fixed-term parliaments - Took power away from PM the moment an election is decided to be held
Conservative approach 2015-Onwards
Huge period of reform and consitutional change
Key proposal is should they reform the HRA into a british bill of rights
Referendum for EU or second independence
Period of reform or just rowing back from things that have happened
What will happen?
Futher reform coming in England?
More devolution to big cities in England
HoC Boundary Change: Reduce the number of MP’s
Arguments for a Condified Consitution
Clarity
Certainty
Accesability
Educational Value
Root and Branch reassesment
Place Limitations on the power of the government
Inceeased Public involvement in consitutional change
Sets out the key structure of government
Arguments against
Absence of consitutional movement
loss of flexibility
Which option to take - codification or improvement
Difficulty achieving agreement
Lack of public enthusiasm
Need for political parties to take the initiative
Impossibility of entrenchment due to the doctrine of parliamentary sovreignty
Constitution is based on Parliamentary Sovreignty - Presenting difficulties - Blick
Blick - States ‘there is either a direect choic ebwteen the retention of parliamentary sovreignty or a written consititution’
Constitution is based on Parliamentary Sovreignty - Presenting difficulties - Barber
Britains consitution has been a success for years and has produced a stable gov in terms of democracy,trasnparency and human rights.
