Future Possibilities of Constitutional Reform (L8) Flashcards
(23 cards)
3 key questions about UK constitution now
-is it still traditional/historic or modern/democratic?
-or is it just more politicised?
-or is it both with reform happening within, not to, the structure of the state
what might come next for the UK constitution according to Labour manifesto 2024 (5)
-New Ethics and Integrity Commission
-Modernise HoCommons
-Immediate reform of HoLords
-votes at 16
-reset between Westminster and Holyrood, Cardiff Bay and Stormont
what are the 5 key options for potential reform?
-(a) voting reform
(b) House of Lords reform
(c) political ethics and integrity reform
(d) HRA reform / ECHR membership
(e) codification
what is the current system for UK general elections
-is ‘First Past the Post’
- in each one of 650 constituencies, candidate with most votes wins
what are the pros/cons of the current system for UK general elections
+ simple, quick results
- but doesn’t require majority support of constituency to be elected
- national results can be v disproportionate
what is an example of disproportionate election results
-General Election July 2024
how was the General Election July 2024 disproportionate (3)
-Labour won 33.7% of votes and 63.2% of seats (no correlation)
-Conservative won 10% less votes than labour and approx 1/3 of labours seats
-Reform UK won 14% of votes and got 0.8% of seats
give 3 different systems for voting to consider
- ‘Alternative Vote’ (AV) rejected in 2011 referendum eg pick a second choice
- more proportional systems used in Scotland and Wales (‘Additional Member System’ (AMS) – two votes, constituency and ‘list’) to add more MPs to parliament
- and Northern Ireland (‘Single Transferable Vote’ (STV) – ranking all candidates according to preference)
give some trade offs for the different systems that promote proportional results
-complexity
-constituency link
-political party interests (big 2 parties benefit from this not smaller parties)
give 2 examples of previous HoLords reform (b)
-House of Commons has passed Labour’s current Bill to remove hereditary peers
- mandatory retirement age of 80 (when?)
give 4 suggestions for HoLords reform (b)
- suitability review on appointment?
- fully elected? proportional system?
- regional representation?
- abolished?
give 4 issues with Labours proposition of a new ‘independant’ Ethics and Integrity Commission (c)
-no legislation to create this, will be non-statutory
- selection of membership? role of Parliament?
- umbrella body or investigatory body?
- PM still to have power to ‘hire and fire’?
give 4 other possibilities of the proposed political ethics and integrity reform (c)
-make a statutory basis for Ministerial Code for MPs?
- bigger powers for Independent Advisor on
Ministers’ Interests?
- changes to rules on donations / gifts?
- citizens’ juries to review actions of politicians?
(Brown Report, 2022)
what are the two major party views on (d) HRA Reform/ EHCR Membership
-Labour will ‘unequivocally support the European Convention of Human Rights” -Lord Hermer KC, Attorney General, Bingham Lecture, 14 Oct 2024
-Conservative leadership candidate Robert Jenrick argues in favour of withdrawal from EHCR
has HRA Reform/ EHCR membership removal been attempted before?
-yes;
-series of failed attempts to reform HRA since 2010
- most recent ‘Bill of Rights Bill’ was a confusing mess
what is the issue with (d) HRA Reform and ECHR Membership
-challenge is interconnection between domestic legislation (HRA and devolution Acts) and international treaty (ECHR)
- so ‘all or nothing’ debate about ECHR membership unlikely to disappear entirely
what was the Parliamentary Select Cttee inquiry 2010-14
-non government committee to look into codifying constitution/ how to go about it
-made report called Political and Constitutional Reform Committee: A New Magna Carta? (2014)
what does the Political and Constitutional Reform Committee: A New Magna Carta? (2014) argue are the 3 models of a codified constitution
-code
-act
-constitution
what resulted from Political and Constitutional Reform Committee: A New Magna Carta? (2014)
-public consultation
-but came to nothing
-very many views on this
why does N. Barber, ‘Against a Written Constitution’ (2008) P.L. 11-18, at 12 argue against (e) a written/codified constitution and why
-Tying unconnected changes together runs the risk that unpopular reforms may be foisted by the drafters on the public
give 5 cons of (e) codification
-Lack of consensus? Lack of priority?
- Does it really matter / is it a distraction from substantive
reform?
- Absence of a “constitutional moment”? Or too many
constitutional moments?
- What would the process be? Citizen involvement?
Referendum(s)?
- Alternatives: ‘protected constitutional statutes’? (Brown Report 2022 p140-142)
why does R Brazier, Constitutional Reform: Reshaping the
British Political System (Oxford: OUP, 2008), at 159-160 argue against (e) codification
-‘It is not too cynical to say that the absence of a codified constitution – which would be likely to limit the powers of Ministers and Parliament –
came to be seen as agreeable to modern Governments:
why should they risk that power by embarking on the search for a limiting constitution?’
why does .A.G. Griffith, ‘The Political Constitution’ (1979) Modern Law Review at 159-160 argue against codification
-The fundamental political objection is this: that law is not and cannot be a substitute for politics.
-a government ruled by laws and not by men… is an unattainable ideal. Written constitutions do not achieve it. Nor do Bills of Rights or any other devices.
-To require a supreme court to make certain kinds of political decisions does not make those decisions any less political.
