Evaluate The View That Constitutional Reforms Introduced Since 2010 Have Had A Significant Impact On The UK Constitution.

Question 1

P1: Agree Brexit

Answer 1

1. Brexit is arguably the most transformative constitutional change in recent UK history.
   It ended the supremacy of EU law over UK law.
   Parliament is no longer bound to legislate in line with EU rules or subject to EU judicial oversight.
2. While in the EU, UK courts had to disapply UK law that conflicted with EU law.The 1990 Factortame Case — UK courts struck down the Merchant Shipping Act 1988 for breaching EU law. This was a direct limit on parliamentary sovereignty.
3. The UK no longer recognises the jurisdiction of the European Court of Justice. No higher authority can now strike down acts of Parliament.Parliament has regained full legislative control, even in previously restricted areas.
4. mmigration, once heavily regulated by EU frameworks, is now under UK control.The Illegal Migration Bill (March 2023) exemplifies Parliament using its regained powers in this area.

Question 2

P1: Brexit Disagree

Answer 2

1. On the other hand, it can be argued that Brexit has had a limited impact on the UKʼs constitution as the EU only had control over a limited number of areas of policy when the UK was a member.
2. The EU controlled trade, competition policy and customs and tariffs. Whilst the EU had some control over immigration, agriculture, fishing, environmental policy, regional development, social & employment policy and parts of foreign & security policy.
3. In all other areas, however, the UK Parliament was already sovereign when a member of the EU including most taxation, national defence, education, health and social security.It can therefore be argued that Brexit hasnʼt had a significant impact on the constitution, as Parliament was largely sovereign when the UK was a member of the EU

Question 3

P2: Agree Further Devolution

Answer 3

1. After a 2011 referendum (64% in favour), Wales gained primary legislative control over devolved areas.This aligned its powers more closely with those of Scotland and Northern Ireland.The 2014 Government of Wales Act granted control over landfill tax and stamp duty.Marked a clear decentralisation of power from Westminster.
2. In response to independence pressures, the Scotland Act 2016 devolved further powers. Scotland gained control over 50% of VAT, all income tax bands/rates, key welfare benefits, and voting rights (e.g., lowering voting age to 16).These reforms pushed Scotland toward “devomax” and reduced UK Parliament sovereignty.
3. Since 2023, substantial administrative devolution to English regions:“Trailblazer Devolution Deals” gave Greater Manchester and the West Midlands greater funding autonomy and policy control.
4. Under Starmer’s government, 8 new devolution deals were signed, expanding local powers. Combined authorities and metro mayors now govern 64% of England’s population, and 90% of the North.

Question 4

P2: Disagree Further Devolution

Answer 4

1. Had a relatively minor impact on the UK
   Constitution, as the true change to the UK Constitution through devolution had already
   occurred.
   2.Though these reforms did increase the powers of the Scottish and Welsh Parliaments, these increases can be seen as marginal. The true point of constitutional change was introduced by New Labour in the late 1990s. This was when significant power was devolved away from the UK Parliament for the first time. Reforms since then only build on this.
2. In relation to further English regional devolution in particular, it can be argued that the impact is minor, as none of these devolved bodies have primary legislative control like in Scotland, Wales or Northern Ireland.
   They only have some financial autonomy and administrative control over some areas of
   policy, including transport, and regional economic policy

Question 5

P3: Agree Parliamentary Reforms

Answer 5

1. Fixed-term Parliaments Act (2011).Removed the Prime Minister’s royal prerogative to call snap elections at will. Early elections now required approval from two-thirds of MPs
   This limited executive power and enhanced parliamentary stability—serving its purpose under the 2010–15 Coalition .
2. Introduced in 2015 to address the West Lothian Question by giving English MPs a veto over England-only legislation.Used in roughly one-third of bills between 2015–17 .A review found it hadn’t significantly enhanced English representation and EVEL was abolished in 2021.
3. Recall of MPs Act (2015).Allows constituents to trigger a by-election if an MP is suspended for 10+ days, jailed, or found guilty of false claims. Provides a democratic check on MPs between General Elections (e.g., 2019 Brecon & Radnorshire by-election after misleading expenses) .

Question 6

P3: Parliamentary Reform Disagree

Answer 6

1.  Fixed-term Parliaments Act (2011).Though intended to limit executive power, the Act proved ineffective after the coalition era.
   PMs bypassed it by pressuring opposition parties into supporting early elections in 2017 and 2019.It was formally repealed by the Dissolution and Calling of Parliament Act 2022.
2. (EVEL) Did not give English MPs meaningful legislative autonomy—merely a veto mechanism.Failed to foster a distinct English political identity and added legislative complexity.Abolished in 2021 due to limited use and perceived ineffectiveness.Symbolic rather than transformative; offered no lasting resolution to the West Lothian Question.
3. Recall of MPs Act (2015):Only allows recall in narrow circumstances (e.g. criminal conviction or suspension of over 10 sitting days).Does not allow constituents to recall MPs simply for poor performance or political disagreement.