Evaluate The View That Constitutional Reforms Introduced Since 2010 Have Had A Sig Change In Constiruion Of The UK Flashcards
(8 cards)
Essay themes
Para 1 = Brexit
Para 2 = further devolution
Para 3 = fixed term parliament act 2011
Para 1 - Brexit
FOR sig impact on UK constitution
Brexit most sig change in uk constitution in decades because it resulted in parliament regaining significant sovereignty that it had ceded(surrendered) to the EU when Britain joined.
The supremacy of EU laws was confirmed in the 1990 Factortarme case, where the law lords ruled that the Merchant Shipping Act 1988 passed by UK parliament breached the EU laws as it required UK registered ships to have a majority of British owners. As a consequence, the UK parliament was forced to unmake this law. This is sig as the UK had to accept the supremacy of EU laws over laws passed by parliament.
Now that the UK has left the EU, there is no longer a higher court that can strike down policy passed by UK parliament. This is sig cuz the sovereignty of parliament has been regained and now parliament can legislate any area of policy it wants to e.g. the illegal migration bill was an example of parliament legislating in an area of policy the EU used to have sig control over.
Para 1 Brexit
However…
Brexit had a limited impact on the UK as the EU only had control over a limited number of areas of policy when the UK was a member.
E.g. the UK was already sovereign when a member of the EU;including most taxation, national defence, education, health an social security. This is sig as Parliament was larger sovereign when the UK was member of the EU, meaning that the UK parliament has legitimacy over legislating in these areas, free from EU constraints
Overall, Brexit had a very sig impact on constitution. The EU constrained the sovereignty of Parliament in many key areas of policy. Since leaving the EU, parliamentary sovereignty has been regained, representing a shift in power within the constitution
Para 2 = further devolution
FOR
Since the 2014 Scottish Independence Referendum, Scotland gained more power in order to try and satisfy calls for more autonomy and independence. Giving it more powers to control its healthcare and education.
This is sig as it resulted in a further decentralisation of power and sovereignty away from the UK parliament.
This can be seen as fiscal devolution and brought Scotland closer to ‘devomax’, whilst further reducing the sovereignty of the UK parliament and increasing the strength of the West Lothian question- which could be seen as having a sig impact on the constitution.
There has also been sig further regional devolution to England. The gov has introduced the 2 Trailblazer devolution deals for greater Manchester and West Midlands.
Sig as it gave the regions substantial administrative control and funding autonomy over important area of policy.
Para 2 = further devolution
However…
These reforms had a minor impact as the true change through devolution had already occurred under NL 1998 devolution act. Though these reforms did increase the power of the Scottish and welsh parliament, these increases can be seen as marginal. The true point of constitutional change occurred in the late 1990s.
Sig as this was when sig amounts of power was devolved away from Parliament for the 1st time. Reforms since then only built on this.
Moreover, further English regional devolution can be argued as minor as none of these devolved bodies have primary legislative control over major areas of policy akin to Scotland.
Sig cuz they only have some fiscal autonomy and administrative control over some policy.
Overall, further devolution since 2010 has increased the powers of the Scottish and in regional bodies in England. However, the overall impact on the UK constitution had already been devolved and the true point of constitutional change was when power was first devolved in 1998.
Para 3 = parliamentary reforms ( Fixed Term Parliament Act 2011)
FOR
Fixed term parliament act 2011 introduced by the coalition government removed the power of the PM to call a snap election when it suits them, by requiring 2/3 of parliament to support a snap election before it was called.
Sig cuz it ensured that the Libdem and Cameron to perform its role effectively with legitimacy and conviction as it assured the lib dem’s that Cameron wont call a snap election when it suited the Tory party and therefore distract him from governing effectively.
Furthermore, it removed the prerogative power of the PM to call a snap election, maintains the integrity of the election process as it makes fabricating results to become more elusive, therefore significantly limiting the power of the PM.
Para 3 = Fixed Term Parliament act 2011
However…
It was largely ineffective after the coalition and was consequently scrapped by Johnson’s government in 2022
E.g. in 2017, may called a snap election to strengthen her majority for Brexit negotiations but lost 331 seas to 318 seats, losing he try majority which resulted in a hung parliament (no majority), which lead to he forming a minority gov w the DUP.
Sig as it allowed for the return to traditional prerogative powers, making it easier to manipulate results in order to safeguard their spot in relation to the public seat as seen in 2019 when Johnson called a snap election winning a 80 seas majority which allowed him to pursue Brexit.
Overall, parliamentary reforms since 2010 had a limited and temporary impact cuz it was scrapped and strikes down by the repeal of the fixed term parliament act 2022
Overall conclusion
There have been few constitutional reforms since 2010 that had an sig impact on the uk constitution. Parliamentary reforms since was limited and mostly temporary,whils devolution was simply built on the devolution acts that took place under New Labour
