Evaluate The View That The UK’s Constitution Requires Major Change

Question 1

Introduction

Answer 1

Define constitution- uncodified piece of writing that sets out the liberties, rights and laws UK citizens are subject to
Much debate
Does the constitution require major change as it makes Parliament too powerful and change under Blair’s government has not gone far enough
Others disagree because the constitution is flexible, has worked well, and significant change has already been made
Essay will argue that the constitution does not require major change due

Question 2

Para1

Answer 2

Does need reform as “it is too easy for a government to make significant constitutional changes”
Under our codified constitution, it is too easy for a government with a simple majority in the commons to make significant constitutional changes including those which affect our fundamental rights.
Eg CORONA VIRUS ACT 2020 saw majority of civil liberties stripped in order to enforce national lockdown. Shows individual rights are not sufficiently safeguarded against government power. Shows the need for an entrenched constitution to protect rights.

Question 3

Para 1 Counter Point

Answer 3

“UKs Constitution has successfully evolved”
UKs constitution has gradually evolved over a long period of time, adapting and retaining relevant elements that make the system work and protect our rights
EG Constitutional Reform act 2005 protects our rights by independent judiciary
Therefore does not require significant change

Question 4

Para2

Answer 4

“Many principles of the UKs principles exist only in conventions”
Many of the fundamental UK principles exist only in conventions and can be overridden, lacking enforceability
EG Parliament’s right to vote before taking military action, which May ignore in 2018
Shows constitution does require major reform as we can’t rely that these conventions will be upheld in different, uncertain and unstable political environments

Question 5

Para2 Counter Point

Answer 5

“Much of the UKs Constitution has been written into law”
EG Human Rights Act 1998 brought the European Convention of Human Rights into force of the UK Law, showing that the constitution is codified to an extent
Therefore, constitutional reform is not needed as key aspects of constitution are already written into UK law.

Question 6

Para3

Answer 6

“Blair’s constitutional reforms are incomplete”
The constitution requires signicant change as Blair failed to complete reforms and we now lack comprehensive vision for the structure and rules of Parliament.
EG Because of this, we retain a partially reformed second chamber and the HRA can be repealed by Parliament
Incompleteness shows that we do require signicant reform

Question 7

Para3 Counter Point

Answer 7

However, the flexibility offered by an uncodified and unentrenched enables quick adaptability to social change
For example, corona virus act 2020 saved lives and protected human rights
Also, due to Blair’s 1997 reforms, FPTP increased popularity of SNP and furthered Scottish devolution
Therefore, an unentrenched constitution boosts key principles and ensures constitution is reflective of environment
Therefore, entrenchment and reform is not required because current system is effective in upholding rights and democracy