The Constitution Flashcards
(81 cards)
1
Q
Key term:
What does constitution mean
A
Determine where power is located within a nation state and the rules by which it is governed.
It also establishes the extent of the governments authority and the rights of its citizens
2
Q
Key term:
What does Unitary mean
A
in a unitary state power is centralised and the central government possesses absolute power
3
Q
Key term:
What does federal mean
A
in a federal state power is shared and dispersed.
The power of the central government is limited by the sovereign power of lower levels of government over which it has no authority
4
Q
Key term:
What does devolution mean
A
the transfer of powers from central government to regional legislatures.
These powers are said to be devolved rather than given away, wince the central government retains sovereignty and so in theory could reclaim it
5
Q
Key term:
What does statute law mean
A
a parliamentary bill that has been approved by both houses of parliament and then given royal assent (monarchy sign it)
In the UK, there is no greater authority than statute law
6
Q
Key term:
What does common law mean
A
refers to the judgements made by judges in important legal cases
Sometimes referred to as ‘judge-made’ law. Common law cases precedents to be followed in future cases
7
Q
Key term:
What does a convention mean
A
represents the accustomed way in which political activity is carried out.
Conventions are not legally binding. The constitutional significance comes from tradition
8
Q
Key term:
What does authoritative works mean
A
texts of such profound and enduring political significance that they contribute to the constitution of the UK
9
Q
Key term:
What does uncodified/unentrenched mean?
A
A system where the constitution is not written in a single, formal document. Instead, it is made up of statutes, conventions, and legal precedents that can be changed more easily over time.
10
Q
Key term:
What does codified/entrenched mean?
A
A codified constitution is written down in a single, formal document, and an entrenched constitution means that it is difficult to change, often requiring special procedures or major consensus.
11
Q
Key term:
What does Parliamentary sovereignty mean?
A
This means that Parliament has the supreme power to make or change laws, and no other body, including the courts or the government, can overrule or interfere with its decisions.
12
Q
Key term:
What does rule of law mean?
A
This principle means that everyone, including the government, is subject to and accountable under the law. It ensures fairness and protects individuals’ rights by ensuring laws are clear, applied consistently, and not arbitrary.
13
Q
Key term:
What does a treaty mean and give an example
A
A written agreement made between 2 or more political organisations
Following parliamentary acceptance of the Treaty of Accession to the European Economic Community in 1972, the UK’s constitution was radically changed since Parliament agreed to adopt legislation that has been enacted elsewhere
14
Q
The nature of the constitution:
What were the key events that led to the development of the constitution? e.g. 1215
A
Magna Carta (1215): King John was forced to sign the Magna Carta, limiting the power of the monarchy and establishing the principle that the king was not above the law.
15
Q
The nature of the constitution:
What were the key events that led to the development of the constitution? e.g. 1688
A
The Glorious Revolution (1688): The overthrow of King James II and the ascension of William and Mary to the throne. This led to the Bill of Rights (1689), which limited royal power and set out parliamentary rights.
16
Q
The nature of the constitution:
What were the key events that led to the development of the constitution? e.g. 1707
A
Act of Union (1707): This merged the Kingdom of England and the Kingdom of Scotland into Great Britain, creating a united Parliament.
17
Q
The nature of the constitution:
What were the key events that led to the development of the constitution? e.g. 1832,1867,1884
A
The Reform Acts (1832, 1867, 1884): These acts expanded voting rights and reformed the electoral system, making Parliament more representative of the population.
18
Q
The nature of the constitution:
What were the key events that led to the development of the constitution? e.g. 1911 and 1949
A
Parliament Acts (1911 & 1949): These limited the power of the House of Lords, reducing their ability to block legislation passed by the House of Commons
19
Q
The nature of the constitution:
What were the key events that led to the development of the constitution? e.g. 1972
A
European Communities Act (1972): This brought the UK into the European Economic Community (EEC), marking a shift in legal sovereignty as EU law took precedence over some national laws (reversed by Brexit in 2020).
20
Q
The nature of the constitution:
What were the key events that led to the development of the constitution? e.g. 1998 (starts with D)
A
Devolution (1998): Devolution acts established separate parliaments and assemblies for Scotland, Wales, and Northern Ireland, giving them powers over areas like education and health.
21
Q
The nature of the constitution:
What were the key events that led to the development of the constitution? e.g. 1998 (starts with H)
A
Human Rights Act (1998): This incorporated the European Convention on Human Rights into UK law, allowing citizens to challenge violations of their rights in UK courts.
22
Q
The nature of the constitution:
What are the sources of the constitution? (There are 6)
A
Statute law
Common law
Conventions
Landmark decisions
Authoritative works
Treaties
23
Q
The nature of the constitution:
What is the significance of Statute law? (use two examples)
A
Definition: Laws made by Parliament, also known as Acts of Parliament.
e.g. Human Rights Act (1998) -This law protects people’s basic rights, like the right to a fair trial.
e.g. Fixed-term Parliaments Act (2011) -This law set elections to occur every five years, limiting the Prime Minister’s power to call early elections.
Significance: Statute law is important because it is a formal, written law passed by Parliament and is easy to change if needed
24
Q
The nature of the constitution:
What is the significance of common law? (use examples)
A
Definition: Law developed through court decisions and judicial rulings rather than through written laws.
e.g. Donoghue v Stevenson (1932) -The case established the principle of “duty of care” in negligence law, where one person owes a duty to avoid causing harm to another.
e.g. R v Brown (1993) -The court ruled that consent is not a defence for causing harm during sadomasochistic practices, affecting laws around personal injury.
Significance: Common law creates precedents (examples for future cases), guiding judges in making decisions.
25
The nature of the constitution:
What is the significance of conventions? (use two examples)
Definition: Unwritten practices or customs followed by government bodies, even though they are not legally enforceable.
e.g. The Monarch’s Royal Assent -The monarch must approve laws passed by Parliament, though it is now a ceremonial duty.
e.g. The Prime Minister is a Member of Parliament -It is a convention that the leader of the majority party in the House of Commons becomes the Prime Minister.
Significance: Conventions help ensure stability in government and keep things running smoothly, though they aren't legally binding.
26
The nature of the constitution:
What is the significance of landmark decisions? (use two examples)
Definition: Important court decisions that have a significant impact on the law.
R v R (1991) -The House of Lords ruled that a husband could be guilty of raping his wife, overturning the idea that a husband had a right to sex in marriage.
Brown v Secretary of State for Scotland (2002) -The House of Lords ruled that prisoners should not be automatically disqualified from voting.
Significance: Landmark decisions reshape legal principles, sometimes leading to changes in how laws are applied or understood.
27
The nature of the constitution:
What is the significance of Authoritative works? (use two examples)
Definition: Books or texts written by legal scholars or experts that explain or interpret the constitution or law.
"Commentaries on the Laws of England" by Sir William Blackstone -This work explained English common law and became a key legal reference for centuries.
"The English Constitution" by Walter Bagehot -This book outlined the workings of the British system of government and the roles of different institutions.
Significance: Authoritative works provide insight and guidance on how laws and government systems work, often shaping legal practice and education.
28
The nature of the constitution:
What is the significance of treaties? (use two examples)
Definition: Formal agreements between countries that become part of the law once ratified by Parliament.
The Treaty of Maastricht (1992) -This treaty led to the creation of the European Union and impacted UK law, especially on trade and human rights.
The Good Friday Agreement (1998) -This peace agreement helped end the conflict in Northern Ireland and established devolved government there.
Significance: Treaties shape international relations and affect domestic law, often having long-lasting consequences on national policy.
29
The nature of the constitution:
How are the different sources of the UK constitution related? e.g. forming the constitution
The UK constitution is made up of several different sources like statute law, common law, conventions, and treaties. They all work together to set the rules and framework for how the government operates.
30
The nature of the constitution:
How are the different sources of the UK constitution related? e.g. influencing each other
A law passed by Parliament (statute law) might change a common law rule. Similarly, conventions help explain how certain laws or decisions should be made, such as the Prime Minister being the leader of the largest party in the House of Commons.
31
The nature of the constitution:
How are the different sources of the UK constitution related? e.g. filling gaps
Some sources, like common law or conventions, fill in the areas where there might not be a clear written law e.g. if there's no specific law about how Parliament should behave in a certain situation, conventions provide guidance on what is expected.
32
The development of the constitution since 1997:
What aims did Blair want to achieve to reform the constitution? (There are 4)
Decentralisation
Democratisation
Transparency
Rights protection
33
The development of the constitution since 1997:
What was Blair's reasoning for wanting decentralisation?
Decentralisation - Since so much power has been focused on West-minister, he believed that powers should be devolved back to the people. Scotland and Wales would be offered their own elected governments, and cities and towns would be given the opportunity to elect their own mayors
34
The development of the constitution since 1997:
What was Blair's reasoning for wanting democratisation?
Democratisation - The public should be given more influence over decision making through referendums on important constitutional issues. To encourage greater democracy, the House of Lords, would be reformed.
35
The development of the constitution since 1997:
What was Blair's reasoning for wanting transparency?
Transparency - To encourage grater trust in the government, the role of the senior judiciary (Supreme Court) would be reformed. A Freedom of Information Act would also open up government making it more accountable to the public.
36
The development of the constitution since 1997:
What was Blair's reasoning for wanting rights protection?
Rights protection - Since British citizens' human rights were not protected by a codified constitution, the government committed to incorporating the European Convention of Human Rights into British law.
This would provide the judiciary (The Supreme Court) with an important statute, protecting and advancing the public's civil liberties .
37
The development of the constitution since 1997:
How did the New Labour government introduce decentralisation? e.g. devolution (use two examples)
Scottish Parliament (1999): Scotland gained its own parliament with powers over areas like health, education, and transport. This meant Scotland can set local taxes (e.g., the Scottish Rate of Income Tax) and make laws on public services like education and health.
Welsh Assembly (1999): Wales got an assembly with powers in areas like health, education, and local government, but fewer powers than Scotland. This meant the assembly can make laws on devolved issues, allowing more local control.
Northern Ireland Assembly (1998): Following the Good Friday Agreement, Northern Ireland gained an assembly with powers over health, education, and justice. This allowed local leaders to share power and address local issues.
These measures aimed to shift power from central government to local governments and regions, giving them more control over decisions that affect their communities
38
The development of the constitution since 1997:
How did the New Labour government introduce decentralisation? e.g. education
Local Authority Control over Education (2000s)
Education and Skills Act (2002): Local councils were given more control over schools to improve standards and manage budgets.
This meant local authorities could oversee schools more closely and have more say in how schools were run, while still following national guidelines.
These measures aimed to shift power from central government to local governments and regions, giving them more control over decisions that affect their communities.
39
The development of the constitution since 1997:
How did the New Labour government create more democratisation? (use two examples)
In 1997, New Labour introduced Proportional Representation (PR) for the Scottish Parliament, Welsh Assembly, and Northern Ireland Assembly through STV, AMS and SV This allowing smaller parties to gain seats and making the number of seats a party holds more closely match the votes they get. This was fairer than FPTP, where smaller parties often get no representation.
In 2000, the creation of the London Mayor and the Greater London Authority (GLA) increased democratisation by allowing Londoners to directly elect their Mayor. This made local leadership more accountable, gave London more control over issues like transport and housing, and encouraged greater voter participation. It decentralised power, making the political process more responsive and giving people a greater say in their city's governance.
40
The development of the constitution since 1997:
How did New Labour create more transparency? (use two examples)
House of Lords Act 1999: This reformed the House of Lords by removing most hereditary peers and replacing them with appointed life peers selected for their expertise. This change enhanced the scrutiny of legislation, as members were chosen for their skills and knowledge rather than birthright. Reducing the number of hereditary peers also improved the public perception of the House, making it more democratic and aligned with modern values.
The Constitutional Reform Act 2005: This ensured a clear separation of powers between the judiciary and the legislature. This reform boosted the independence of the judiciary by removing potential conflicts of interest. The new court's justices are appointed for their legal expertise, enhancing the accountability and transparency of the judicial system, and improving public confidence in its impartiality.
41
The development of the constitution since 1997:
How did New Labour create more ensure more rights protection? (use two examples)
Human Rights Act 1998: The Human Rights Act (1998) incorporated the European Convention on Human Rights into UK law, allowing individuals to challenge human rights violations in UK courts and ensuring public authorities respect fundamental rights. This improved access to justice and enhanced legal protections for freedoms like fair trials and freedom of expression.
The Equality Act 2006: The Equality Act (2006) created the Equality and Human Rights Commission (EHRC) to oversee discrimination and promote equality across areas like employment and education. It helped create a more inclusive society by offering centralised oversight and raising awareness of discrimination and inequality.
42
The development of the constitution since 1997:
What aims did the coalition government want to achieve to reform the constitution?
Decentralisation
Democratisation
Transparency
43
The development of the constitution since 1997:
What was the reasoning for the coalition government wanting decentralisation?
Decentralisation - The coalition wanted to give more power to local governments and regions to enable more local decision-making and reduce the concentration of power in Westminster, addressing regional inequalities.
44
The development of the constitution since 1997:
What was the reasoning for the coalition government wanting democratisation?
Democratisation - The government sought to make the political system more democratic by introducing reforms like House of Lords reform and fixed-term parliaments, to ensure fairer representation and reduce the influence of unelected bodies.
45
The development of the constitution since 1997:
What was the reasoning for the coalition government wanting transparency?
Transparency - The coalition aimed to make the political process more transparent by ensuring greater accountability in government actions, improving public trust, and making political institutions like the House of Lords and the Supreme Court more open and accessible.
46
The development of the constitution since 1997:
How did the coalition government ensure more decentralisation? (use two examples)
2011 Wales Act: The 2011 Wales Act gave the Welsh Assembly more control, allowing it to set its own income tax rates and make laws on areas like education and policing without needing Westminster approval. This gave Wales more independence in decision-making. (giving them more control and less reliance on West-minister)
Greater Manchester Devolution (2014): The coalition gave Greater Manchester more powers over areas like transport and housing through a devolution deal. The region also got control of a £6 billion budget and elected its first mayor, giving local leaders more say over important public services (gave local leaders more power over important services like transport and housing)
47
The development of the constitution since 1997:
How did the coalition government ensure more democratisation? (use two examples)
Fixed-Term Parliaments Act (2011): The Fixed-Term Parliaments Act (2011) set elections every five years, stopping the Prime Minister from calling early elections for political gain. This made elections more predictable and fair, as they could no longer be manipulated. It ensured regular elections, giving voters more certainty and helping to strengthen democratic fairness (gave voters more confidence that they could express opinion with no manipulation).
Voting Reform Referendum (2011): The 2011 referendum on Alternative Vote allowed the public to directly decide whether to adopt a more proportional voting system, giving voters a greater say in how elections are conducted and making the system more representative. This give the public a stronger influence on the political process.
48
The development of the constitution since 1997:
How did the coalition government ensure more transparency? (use two examples)
Freedom of Information Act (2000) Extension: The government made moves to strengthen and protect the Freedom of Information Act (2000), increasing public access to government documents and decisions. This aimed to give the public more insight into government actions and improve accountability.
Recall of MP's Act 2015: The power of recall lets voters remove an MP before their term ends. If an MP is found guilty of serious wrongdoing, and 10% of their voters sign a petition, a by-election is held where voters can decide if the MP should stay or go. This gives voters more control and accountability over their representatives.
49
The development of the constitution since 1997:
What were the aims of the conservative government (2015-2024) in reforming the constitution
Decentralisation
Democratisation
Transparency
Rights protection
50
The development of the constitution since 1997:
What was the reasoning for the conservative government (2015-2024) wanting decentralisation?
Decentralisation aimed to give local governments and regions more control, improving decision-making and making government more responsive to local needs.
51
The development of the constitution since 1997:
What was the reasoning for the conservative government (2015-2024) wanting democratisation?
Democratisation sought to make the political system more fair and representative, ensuring citizens had a stronger say in governance and reducing political manipulation.
52
The development of the constitution since 1997:
How did the conservative government (2015-2024) wanting transparency?
Transparency was meant to improve public trust by making government actions more open and accountable, helping to reduce corruption and increase confidence in government decisions.
53
The development of the constitution since 1997:
What was the reasoning for the conservative government (2015-2024) wanting rights protection?
Rights protection aimed to safeguard individual freedoms while addressing security concerns, ensuring a balance between protecting citizens’ rights and maintaining national safety.
54
The development of the constitution since 1997:
How did the conservative government (2015-2023) ensure decentralisation? (use two examples)
Scotland - Scotland Act 2016: After the 2014 referendum, the Scotland Act 2016 gave the Scottish Parliament more control over areas like income tax and welfare. This increased Scotland’s autonomy and allowed it to address local needs more directly. This meant Scotland gained more power to make decisions on tax and welfare, helping to tackle local economic and social challenges.
City of London - Devolution Deals (2016-2020): Cities like Greater Manchester received more control over areas like transport, housing, and education through devolution deals. This gave local governments more power to manage their own resources and policies. This meant local governments had more control over their budgets and decisions, enabling them to better address regional issues.
55
The development of the constitution since 1997:
How did the conservative government (2015-2023) ensure democratisation? (use two examples)
Brexit Referendum (2016): The referendum allowed UK citizens to directly decide on leaving the EU, marking a shift toward direct democracy and increasing public involvement in national decision-making.
Voting Rights Expansion (2019): The UK extended voting rights to citizens living abroad for up to 15 years, enabling more expatriates to participate in general elections and broadening democratic engagement.
56
The development of the constitution since 1997:
How did the conservative government (2015-2023) ensure transparency? (use two examples)
The Freedom of Information Act (FOI) Strengthening (2015-2020): The UK government worked to enhance transparency in government decision-making through the Freedom of Information Act (FOIA). This empowered citizens, journalists, and watchdog organizations to hold the government accountable by providing clearer access to public records and internal government documents.
Recall of MP's Act 2015: The power of recall lets voters remove an MP before their term ends. If an MP is found guilty of serious wrongdoing, and 10% of their voters sign a petition, a by-election is held where voters can decide if the MP should stay or go. This gives voters more control and accountability over their representatives.
57
The development of the constitution since 1997:
How did the conservative government (2015-2023) ensure rights protection? (use two examples)
Human Rights Act Reform (Proposed British Bill of Rights, 2022): The government proposed replacing the Human Rights Act with a British Bill of Rights to reduce the influence of the European Court of Human Rights and bring human rights law more in line with UK-specific needs, particularly around national security and criminal justice.
Domestic Abuse Act (2021): Introduced comprehensive protections for victims of domestic abuse, including defining coercive control and requiring local authorities to support victims.
58
The impact of devolution on the UK:
What has the impact of devolution been in Scotland? (use two examples) (POSITIVE) e.g. political autonomy
SNP’s Rise and Independence Movement: Devolution enabled the Scottish National Party (SNP) to strengthen its position, leading to their 2011 majority win in the Scottish Parliament and the 2014 independence referendum. The SNP’s success highlighted the growing demand for political autonomy, eventually fueling ongoing debates about independence.
Control Over Domestic Policy: Devolution gave Scotland control over areas like health, education, and justice, enabling the Scottish Parliament to implement policies that reflect local priorities. For instance, Scotland abolished prescription charges in 2011, setting it apart from England, where they are still in place.
59
The impact of devolution on the UK:
What has the impact of devolution been in Scotland? (use two examples) (NEGATIVE) e.g. political tensions
Devolution has fueled increased calls for independence in Scotland, deepening political divisions. The SNP’s rise and the 2014 independence referendum highlighted the demand for full self-governance. Post-Brexit, with Scotland voting to remain in the EU while the UK voted to leave, calls for a second referendum on independence have intensified, further polarising the political landscape.
The ‘West Lothian Question’: Devolution has raised the "West Lothian Question", which refers to the issue of MPs from Scotland (and Wales and Northern Ireland) having a say on matters affecting England alone, while MPs from England do not have the same say over devolved matters in Scotland. This creates a perception of unfairness and a democratic deficit, where some constituencies may have more influence over policies in other parts of the UK than others.
60
The impact of devolution on the UK:
What has the impact of devolution been in Wales? (use two examples) (POSITIVE) e.g. autonomy in making decisions
Free Prescriptions in Wales - In 2007, the Welsh Government abolished prescription charges, making them free for all residents. This policy was designed to remove financial barriers to healthcare, particularly benefiting lower-income individuals who might struggle to afford medications. It reflects Wales' commitment to equitable access to healthcare, ensuring that all residents, regardless of income, can access the medication they need.
Universal Free School Meals for Primary School Children
In 2014, Wales introduced universal free school meals for all primary school children. This initiative aims to address child poverty, ensuring that every child has access to nutritious meals during the school day. The policy helps reduce the financial strain on low-income families, improves child wellbeing, and supports children’s focus on their education without the distraction of hunger.
Both policies demonstrate Wales’ autonomy in creating social welfare programs tailored to its population’s needs, making decisions independently of Westminster to ensure more equitable access to healthcare and education.
61
The impact of devolution on the UK:
What has the impact of devolution been in Wales? (use two examples) (NEGATIVE) e.g. limited fiscal powers
Dependence on the Block Grant Formula: Wales relies on the Barnett Formula for funding from Westminster, which does not always account for Wales' specific needs. This leads to underfunding in key areas such as health and education, as the formula doesn't adjust for Wales' higher levels of poverty and poorer outcomes compared to other parts of the UK.
Inability to Borrow for Major Investments: Unlike Scotland, Wales has limited borrowing powers (up to £1 billion), restricting its ability to fund large-scale infrastructure projects or capital investments. This limits the Welsh Government's ability to independently address long-term economic challenges without relying on Westminster’s approval or additional funding.
62
Key word:
What does fiscal powers mean?
A government's ability to collect taxes and spend money
63
The impact of devolution on the UK:
What has the impact of devolution been in Northern Ireland? (use two examples?) (POSITIVE) e.g. power-sharing
Power-sharing Agreement - The Good Friday Agreement (1998) established a power-sharing government in Northern Ireland, bringing unionists and nationalists together in a collaborative framework. This devolution of power helped reduce sectarian tensions and provided a peaceful resolution to The Troubles, promoting political stability in the region.
Cross-Community Cooperation through the Executive - The Northern Ireland Executive involves ministers from both unionist and nationalist parties, ensuring that decisions are made with input from all communities. For example, the Minister for Finance and the Minister for Health often come from different political backgrounds but work together on key issues. This collaborative governance helps ensure all groups have a voice, fostering political stability and shared decision-making in the region.
64
The impact of devolution on the UK:
What has the impact of devolution been in Northern Ireland? (use two examples?) (NEGATIVE) e.g. political instability
2017 Collapse Over Renewable Energy Scheme -In 2017, the Northern Ireland Executive collapsed due to a dispute over the Renewable Heat Incentive (RHI) scheme, which led to overspending and mismanagement. This disagreement between the DUP and Sinn Féin resulted in the suspension of devolution, leaving Northern Ireland without a functioning government for over three years, delaying key decisions and worsening political instability.
2022 Election and Ongoing Power-Sharing Breakdown - In 2022, after the Assembly elections, the DUP refused to rejoin the power-sharing government due to their opposition to the Northern Ireland Protocol. This refusal created a stalemate, leaving Northern Ireland without effective governance for much of the year and delaying important decisions on social issues, healthcare, and economic recovery.
65
How could the UK constitution be further reformed:
In what ways could the UK constitution be reformed? (There are 4)
Further reform in the House of Lords
Electoral reform at West Minister
Devolution in England
ECHR being incorporated into British law - UK rights haven't been entrenched into the constitution.
66
How could the UK constitution be further reformed:
Arguments for further reform in the House of Lords (2 examples) e.g. lack of democratic legitimacy
Boris Johnson's Appointment of 15 Life Peers (2020):
In 2020, Boris Johnson appointed 15 new life peers, many with strong Conservative ties or political connections, including party donors. Critics argue this highlights political cronyism (getting friends into political positions) and the undemocratic nature of the House of Lords, as these appointments reward loyalty rather than ensuring impartiality. The lack of elected members diminishes the chamber's democratic legitimacy and accountability to the public.
Lord Hutton's Resignation (2021):
In 2021, Lord Hutton resigned from the House of Lords following a scandal over his paid advisory role for a private company. His resignation raised concerns about unelected peers with business ties and no public accountability. This highlights the lack of democratic legitimacy in the House, as members are not elected, and their roles are not subject to public scrutiny.
67
How could the UK constitution be further reformed:
Arguments for further reform in the House of Lords (2 examples) e.g. political imbalance/partisanship
Conservative Appointments under Boris Johnson (2020-2021):
Between 2020 and 2021, Boris Johnson appointed several Conservative allies and party donors to the House of Lords, strengthening its partisan nature. Critics argue this undermines the House's impartiality, as political loyalty was rewarded over expertise, making it more susceptible to party influence and less effective as a neutral revising chamber.
The "Lords Reform" by David Cameron (2015):
In 2015, David Cameron’s government appointed many Conservative supporters and donors as life peers, leading to accusations of partisan appointments. This created an imbalance in the House of Lords, reducing its ability to act as an independent check on the government and reinforcing partisanship, undermining its impartiality.
68
How could the UK constitution be further reformed:
Arguments against reform in the House of Lords? (2 examples) e.g. level of expertise's
Lord Waldegrave's Contributions – A former Conservative minister, Lord Waldegrave brings experience in public policy and governance to the House. Reforms that push for greater political representation could diminish the non-partisan scrutiny the Lords currently provides, making it more politically driven and less objective.
Baroness Lawrence’s appointment to the House of Lords recognises her work for justice and racial equality after her son’s tragic death. Her advocacy has led to important changes in policing and criminal justice. Her expertise brings non-partisan insight to the Lords. Reforming the chamber with elected members could replace this with party-driven contributions, weakening its independent scrutiny and debate.
69
How could the UK constitution be further reformed:
Arguments for electoral reform at West-minister? (2 examples) e.g. maintaining bi-cameralism
Brexit Legislation Scrutiny – During the Brexit process, the House of Lords played a crucial role in scrutinizing and amending legislation like the EU Withdrawal Bill. Many peers argued that the Lords’ non-partisan and long-term perspective helped ensure thorough analysis of such major constitutional changes. Reforming the Lords could lead to a more politically-driven second chamber, which some argue would reduce the quality of scrutiny.
Lord Lansley and Constitutional Stability – In 2020, Lord Lansley, a former health secretary, defended the role of the House of Lords in preserving the UK's constitutional traditions. He argued that maintaining an unelected chamber allows for greater stability and continuity in the face of political shifts, suggesting that reform might undermine the historical balance in the UK’s political system.
70
How could the UK constitution be further reformed:
Arguments for electoral reform at West-minister? (2 examples) e.g. encouraging new political movements
2019 General Election (Liberal Democrats) – The Liberal Democrats received 11.5% of the vote in 2019 but only gained 11 seats. This highlights how FPTP disproportionately favours larger parties, leaving smaller ones underrepresented. In a PR system, the Liberal Democrats would have gained more seats in line with their voter share, allowing new political movements to have a greater voice in Parliament.
2015 General Election (SNP) – The Scottish National Party (SNP) won 56 out of 59 seats in Scotland with only 4.7% of the UK-wide vote. This demonstrates how FPTP heavily over-represents smaller parties in certain regions. In contrast, PR systems would have produced a more proportional result, allowing regional and smaller parties like the SNP to gain a fairer share of seats based on their actual vote share, increasing political diversity in Westminster.
71
How could the UK constitution be further reformed:
Arguments for electoral reform at West-minister? (2 examples) e.g. greater accountability
2019 General Election (Green Party) – The Green Party won 2.7% of the vote but only gained 1 seat. This demonstrates how FPTP does not accurately reflect the proportion of votes that smaller parties receive. In contrast, under a proportional system, the Green Party would have received a greater share of seats corresponding to their actual vote share, making MPs more accountable to the broader electorate.
2017 General Election (Liberal Democrats) – The Liberal Democrats received 7.4% of the vote but won only 12 seats, showing that FPTP is disproportionate in translating votes into seats. A PR system would ensure that their share of seats more closely matches their vote share, improving the party’s accountability to its supporters and leading to a parliament that better reflects the electorate.
72
How could the UK constitution be further reformed:
Arguments against electoral reform at West-minister? (2 examples) e.g. simplicity and clarity
2019 General Election – The Conservative Party won 365 seats (43.6% of the vote) and formed a clear majority. Voters understood the result immediately. The First-Past-The-Post (FPTP) system is simple: voters cast one vote for their chosen candidate, and the candidate with the most votes wins. This contrasts with Proportional Representation (PR), which could lead to confusing results and coalition governments that may be harder for voters to follow.
2015 General Election – The Conservative Party won 51% of the seats in the House of Commons with 36.9% of the vote, which produced a clear result in terms of who would form the government. A PR system would have potentially resulted in a hung parliament, where no party had a majority, complicating the decision-making process.
73
How could the UK constitution be further reformed:
Arguments against electoral reform at West-minister? (2 examples) e.g. protection from extremism
UKIP in 2015 – The UK Independence Party (UKIP) received 12.6% of the national vote in the 2015 General Election but won only 1 seat. Under FPTP, the system limits the influence of smaller, more extreme parties. This is seen as a way to ensure that only parties with significant nationwide support gain a meaningful role in Parliament.
Brexit Party in 2019 – The Brexit Party gained 2% of the vote in the 2019 General Election but won no seats. This further illustrates that FPTP protects the UK from granting disproportionate power to fringe or extremist groups that may otherwise gain parliamentary influence in a proportional system.
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How could the UK constitution be further reformed:
Arguments for devolution in England? (2 examples) e.g. local accountability and representation
Scottish Parliament (2016-2021): The Scottish National Party (SNP), under the leadership of Sturgeon, has governed Scotland with a focus on local issues like health, education, and social care. In recent elections, the SNP has pushed for a second independence referendum, reflecting the desires of many Scottish voters. Devolution allows decisions on issues that directly affect Scotland, such as the NHS Scotland and education policies, to be made in Scotland, rather than by a distant Westminster government.
Welsh Parliament (Senedd Cymru) (2021): The Senedd has increasingly taken responsibility for education, healthcare, and transport in Wales. The 2021 Senedd election saw Mark Drakeford re-elected as the First Minister of Wales. Under devolution, Welsh politicians have been able to make decisions on issues tailored to the needs and priorities of Welsh citizens, such as Wales’ COVID-19 response and policies on decarbonization and climate change.
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How could the UK constitution be further reformed:
Arguments for devolution in England? (2 examples) e.g. flexibility in policy-making
COVID-19 Response: During the COVID-19 pandemic, the devolved governments in Scotland, Wales, and Northern Ireland were able to adopt different policies to suit their local contexts e.g. Sturgeon’s Scottish government introduced early lockdown measures, stricter social distancing rules, and specific financial support packages tailored to the needs of Scottish citizens. This flexibility allowed the governments to make decisions quickly and responsively based on the local situation.
Wales and Free Prescriptions: Wales has used its devolved powers to provide free prescriptions to all residents, a policy not available in England. This highlights the ability of devolved governments to address the unique needs of their citizens and to take different policy paths from Westminster.
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How could the UK constitution be further reformed:
Arguments against devolution in England? (2 examples) e.g. political instability
Northern Ireland (2022-2024): The Northern Ireland Assembly was suspended due to a political deadlock between the DUP and other parties over the Northern Ireland Protocol. The DUP's refusal to re-enter government left the region without a functioning devolved administration, highlighting how devolution can lead to instability and gridlock when parties fail to cooperate.
Scotland (2019-2021): In Scotland, the SNP has faced internal and external political challenges e.g. independence. The SNP's push for a second independence referendum has created political tension and divisions, both within Scotland and between Scotland and the rest of the UK. This political pressure undermines the stability of devolution, as it shifts the focus away from governing and towards constitutional debates, which can distract from addressing key issues like healthcare and education.
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How could the UK constitution be further reformed:
Arguments against devolution in England? (2 examples) e.g. increased nationalism and division
Scottish Independence Movement: Devolution has strengthened Scottish nationalism, contributing to calls for independence. In the 2014 referendum, 45% of Scots voted for independence, and the SNP continues to push for a second referendum. Critics argue that devolution has fueled separation sentiment, with Brexit intensifying the push for independence, potentially destabilizing the UK.
Northern Ireland and Brexit: Devolution in Northern Ireland has been complicated by Brexit. Northern Ireland voted to remain in the EU, but Brexit has led to customs checks and political tensions between Unionists and Nationalists. Critics argue that devolution has deepened these divisions, making it harder to reconcile the region’s preferences with the UK’s EU withdrawal.
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How could the UK constitution be further reformed:
Arguments for entrenching human rights? (2 examples) e.g. protection from political interference
The Human Rights Act 1998 protects fundamental rights, making it harder for governments to bypass basic human rights. The Rwanda Bill (2022), which seeks to deport asylum seekers, highlights the importance of entrenched human rights protections. Critics argue the bill could violate rights like the right to life and freedom from inhumane treatment. The Human Rights Act acts as a safeguard, challenging such policies in court and ensuring vulnerable individuals are protected from harmful treatment.
Rights of EU Citizens Post-Brexit (2020): After the Brexit referendum, the UK faced challenges around the rights of EU citizens living in the UK. The EU Settlement Scheme protected EU citizens' rights to stay, work, and access public services. This was a key safeguard during the transition, showing how entrenched rights can provide legal certainty in uncertain political times.
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How could the UK constitution be further reformed:
Arguments for entrenching human rights? (2 examples) e.g. preventing an abuse of power
Police Powers and Protest Rights (2021): The Police, Crime, Sentencing and Courts Bill (2021) sought to give police broader powers to control protests. Critics argued that it could infringe on the right to peaceful protest. The Human Rights Act played a role in ensuring that laws do not unduly restrict citizens' ability to express dissent, preventing government overreach.
Windrush Scandal (2018): The UK government’s Hostile Environment policy, which led to the wrongful detention and deportation of long-term Commonwealth residents, underscored the importance of entrenched human rights. The Windrush compensation scheme was established to address the injustice, and rights-based legal challenges helped victims secure justice.
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How could the UK constitution be further reformed:
Arguments against entrenching human rights? e.g. undermines parliamentary sovereignty (2 examples)
European Court of Human Rights Ruling on Prisoner Voting (2017): The European Court of Human Rights ruled that the UK must grant prisoners the right to vote. Critics argued that this decision interfered with UK parliamentary sovereignty by imposing external rulings on British law. This example shows the tension between entrenched rights and democratic decision-making in the UK Parliament.
British Withdrawal from the ECHR (2016-2020): Some politicians, including Boris Johnson, argued for leaving the European Convention on Human Rights (ECHR), believing that entrenching international human rights frameworks undermines the UK's ability to make its own laws. This issue became particularly prominent in debates about how the UK handles asylum seekers and immigration policies.
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How could the UK constitution be further reformed:
Arguments against entrenching human rights? e.g. limiting policy flexibility (2 examples)
Counter-Terrorism Measures: Anti-terrorism laws have sometimes been challenged in court due to potential conflicts with human rights e.g. the Control Orders and Terrorism Prevention and Investigation Measures (TPIMs), which restrict individuals' movements or activities, have been subject to legal scrutiny under the Human Rights Act, limiting the government's ability to address security concerns effectively.
Brexit and Immigration: After Brexit, there were calls to reform immigration laws, with critics arguing that some human rights provisions could limit the government's ability to control immigration e.g. the right to family reunification in the European Convention on Human Rights has been seen as a barrier to stricter immigration policies, limiting the government’s flexibility to manage borders post-Brexit.
