debates on further reform

Question 1

arguments for codification

Answer 1

rights would be better protected = Labour extended detention without trial while Conservative gov passed investagory powers act that increased govs ability to obtain dater from citizens establish rights citizens laws above could be struck down
UK could become elective dictatorship due to few limits on gov power acts like investigatory powers act 2016 extended power gov by restricting civil liberties
would establish were soverignty lies = exmple Gina Miller case shows lack of clairty over where the power lies
if Uk constitution was codified and entrenched Cameron would npt have been able to gamble with the constitution for the political advantage like he did

Question 2

arguments against codification

Answer 2

-UK could lose its flexability in its constitutional arrangments = states us have had sensible restrictions on carrying handguns struck down due to second amend while UK could quickly restrict guns after Dunsblane massacre
-uncodified constitution allows collective rights to be put before individual rights = coronavirus act passed in one day with no opposition
-uncodified constituiton allows gov to make constitutional changes over new issues like EU which makes gov accountable and democratic UC is

Question 3

arguments for and against regional asse,blies for EngLAND

Answer 3

There is a strong sense of regional identity in parts England such as cornwall and yorkshire which would make regional assemblies popular and relevant. cornwall first county to have devolved powers including control investments and bus services. according to Cameron this reform put the power in their hands

not all parts UK have sense regional identity North East rejected opportunity to have its own assembly by 78% to 22% in 2004

further devo=another layer gov= democratic overload = undermine legitimacy. turnout for elected mayors and police commissioners have been low and turnout for Scottish and welsh assmebly have never reached 60%
in ref act 2011 wales voted for more devolved powers and scotland act 2016 recognised executive= popular case for devolution=illogical England not given same rights +elected mayors shows how power can be decentralised

devolotuion =asymmetric UK leading to some thinking english interests arent as important as S W NI Barnett formula meant that spending for England is far less than other parts UK devolotuion could solve this
establishment of EP could challange authority of Westminster which could threaten UK democracy

Question 4

argumements for and against english parliament

Answer 4

solve west lothian question= clarify what is meant by English only issues and leave Westminster free to focus on national issues england only nation without regional assembly
well under 20% public support creation say wish to be governed by Westminster
SNP convetionally didnt vote on lw EVEL made this into law which was bad as it crwated two classes of mp
hard to define what is english only issue as leg on health and social care could im[act whole UK

Question 5

arguments for and agaisnt replacing HRA with bill of rights

Answer 5

for
some rulings have been deeply unpopular , such as hirst vs united kingdom where the ECtHR found that the UK had breached prisoners rights by not allowing them to vote= restore faith in the judiciary and less interference
a codified constitution would represent a higher constitutional law which would entrench the British people civil liberties and so protect them from arbitary gov= Human rights act 19998 does not do this as its an act of parliament and so can be suspended
a codified constitution would clarify the relationship between the various branches and were soverignty lays

no
a codified constitution cannot keep pace with the way society changes link to America more democratic as it puts power in hands elected represntatives who are accountable to the electorate rather than unelected judges
civil liberties are aqecutaly protected by common law and by human rights act the judiciary has used these acts to protect civil liberties for example Naomi Campbell = arctile 8 of HRA stopping intrusive press coverage of her in rehablitation clinic= declared illegal

Question 6

Arguments for and against an elected House of Lords