Evaluate The View Than Constitutional Reforms Since 2010 Had A Sig Impact On The Uk Con Flashcards
(9 cards)
1.Brexit
Brexit is arguably the most significant change to the UK constitution in decades, in particular
due to the fact that it resulted in Parliament regaining significant sovereignty that the it had
ceded to the European Union when Britain joined.
Why did Brexit happen and EU laws
When Britain was a member of the EU, the UK accepted the supremacy of EU Law over laws
passed by Parliament and therefore the sovereignty of EU law.
This meant that if a law was passed by the UK Parliament that contradicted EU law, the
European Court of Justice and Supreme Court could strike it down and force Parliament to
remove/change it.
The supremacy of EU law was confirmed in the 1990 Factortame Case, when the Law Lords
ruled that the Merchant Shipping Act 1988 passed by the UK Parliament breached EU law as
it required UK registered ships to have a majority of British owners. As a consequence, the
UK Parliament was forced to unmake the law.
What happens to constitution after the uk left the EU?
No higher court that can strike down laws passed by the uk parliament. Means that parliamentary sov, a key cornerstone of the uk’s con, has been regained.
A good example of the uk legislating in an area of policy the eu used to have over (immigration) is the illegal migration bill 2023
CA to Brexit and judgement
Brexit hasn’t had an sig influence over uk con bc the uk parliament was already sovereign when a member of the eu- had its own currency, control of most taxation and education.
So eu only had impact influence over British policies to begin with.
Overall, the most persuasive argument is that Brexit has had a very significant impact on uk con. Despite, the eu constraining parl sov, this is a weak argument since parl was able to regain its sovereignty , representing a shift in power within the con.
- Further devolution to wales, Scotland and Northern Ireland
More fiscal devolution to Scotland- devo max powers- Scotland gained over 50% control of tax , reducing the sovereignty of uk parliament and strengthening the West Lothian question. Able to pass key areas of legislations such as abolishing prescription fees and tuition fees to Scottish citizens. Manchester and Cornwall
Since starmer’s gov was elected into power, 8 new devolution agreements across England was signed and the Labour gov is working more closely to the people in local areas of policy, improving the mp-con link. This is a strong and sig argument because it impoves the democratic deficit by granting more powers to devolved bodies, greater representation which is so crucial to the UK’s representative democracy framework and creates gov closer to the people.
CA to f devolution and judgement
These reforms only had a minor impact to UK’s con because the true change to uk con through devolution had already occurred. New Labour marked the first evolutionary time when power was devolved and dispersed away from uk parliament for the first time. Reforms since then only built on this, and only marginal impact since devolved bodies lack power over immigration, fp and human rights
Overall further devolution had certainly changed uk con, despite the most dramatic changes occurring under Blair’s govt, but the strength in the former point is that it is made more regional which creates more representation to people further away from uk parl in Westminster, improving democracy.
- Parliamentary reforms
FTPA AND RECALL OF MPs ACT.
FTPA removed the power of the pm to call a snap election when it suited them, by requiring 2/3rds of the commons to support it. It can be seen as sig bc it limited the prerogative powers of the pm to call a snap election or even committing ultra vires.
Recall of MPs act hold MPs to account, improving the rule of law— e.g Fiona onasaya was sentenced for speeding and lost her seat in Peterborough.
CA to parl reforms
FTPA = largely ineffective after the coalition govt and consequently scrapped by bojo gov in 2022 therefore pms were able to call a snap election in 2017 and 2019
Recall of MPs, can only be so effective if MPs are actually caught, but is a form of direct democracy to hold MPs to account who have committed an obstruction of justice.
