Evaluate the extent to which constitutional reform has significantly improved Democracy in the UK. (or
Evaluate the extent to which constitutional reform in the UK since 1997 has removed constitutional
weakness)
para 1 - failed to remove weakness - Demo deficit - House of Lords Act (1998) → al...
mini politics essay plans - UK
government
Evaluate the extent to which constitutional reform has significantly improved Democracy in the UK. (or
Evaluate the extent to which constitutional reform in the UK since 1997 has removed constitutional
weakness)
para 1 - failed to remove weakness - Demo deficit - House of Lords Act (1998) → all but 92 hereditary
peers were removed and replaced by life peers, which are appointed by the government of the day +
remain for life/retirement. Unelected and not accountable to the electorate. = undemo. influence on
leg, especially … 800 peers (bloated) 70% of Peers vote within party Lines.
Lack of equitable rep. - number of political rep. Not proportional to citizens ed. Scotland = 1 per per
21,000 vs England = 1 rep per 67,000 EVEL (2015) = answers west lothian qu, only English MP’s can vote
on issues that affects England in order to improve rep of english citizens, includes matters such as health
+ education eg. 1st EVEL eg. Housing Act 2016. City majors 2000 + City and local government Act 2016
both attempt to devolve power from Westminster to London and regional assemblies such as greater
Manchester + Liverpool , electoral reform 2011 → extended the vote for scottish 16 yr olds
para 2 - lack of entrenched constitution - Fixed-term parli act (2011) - max 5 yr parli to reduce
manipulation of GE, but can be ignored if ⅔ of parli agree eg. 2017 and 19 GE called early to help
Johnson and may increase their majority for their political aims of Brexit. But in December 2020, the
Government confirmed plans to repeal the Fixed-term Parliaments Act. Parli can remove rights easily -
rights can be repealed and suspended at any time, as parli is sovereign. Eg. investigatory powers act in
2016 gave the government access to the public search history (erodes the right of privacy) = Judicial
review declared it incompatible with HRA, but The gov uses ‘control orders’ despite being challenged in
High Court. 2020 coronavirus act, enables the UK government to put strict limits on individual rights,
suspending freedom such as freedom of movement and freedom of association.
para 3 - devolution (success) - Good Friday agreement in NI (1998) - power sharing agreement which
fairly rep unionists and nationalists eg. compulsory coalition deputy and leader must be from Sinn Fein
and DUP. Created Northern Ireland assembly Stormont. Largely endorsed by the public via
referendums.Scotland Act 1998 +2012 - transfers power of dissolved issues such as police, health
education etc. more recently taxation (can raise and lower tax by 10p). 73% of Scotland voted for
scottish parli and executive. 2016 scotland act transferred even more powers after surge in support for
SNP
Evaluate the extent to which the constitution is weak incomplete and requires further reform (or
Evaluate the view that the constitutional reform since 1997 to be taken further)
, para 1 - taken further for demo. - Demo deficit - House of Lords Act (1998) → all but 92 hereditary peers
were removed and replaced by life peers, which are appointed by the government of the day + remain
for life/retirement. Unelected and not accountable to the electorate. = undemo. influence on leg,
especially … 800 peers (bloated) 70% of Peers vote within party Lines. Lack of equitable rep. In
devolution and parli - devolution act (1998) → created sottish parli, welsh assembly and Northern
Ireland assembly (as a part of good friday agreement + 2016 Scottish Act = further devolution of tax and
welfare = number of political rep. Not proportional to citizens ed. Scotland = 1 per per 21,000 vs England
= 1 rep per 67,000 + FPTP allows regional parties to have a large majority in westminster eg. SNP have
46 seats vs 3.9% of votes vs lib dem = 11.6% → 11 seats
para 2 - reform needed for rights - Separation of powers = clarity + scrutiny - reduce political
involvement of Judiciary eg. Miller vs Secretary of state = leaving the EU in 2016 + the ruling against the
propagation of parliament (5 weeks before a vote on his brexit bill) accused of being remainers and
politically motivated, outline structure of a referendum to prevent future constitutional confusion eg.
scotland interdependence + prevent fusion of power eg. reduce influence of BJ’s majority eg. brexit bill
passed in jan 2020 with little scrutiny. Entrenchment of HRA - HRA 1998 can be repealed and suspended
at any time, as parli is sovereign. Eg. investigatory powers act in 2016 gave the government access to the
public search history (erodes the right of privacy) = Judicial review declared it incompatible with HRA,
but The gov uses ‘control orders’ despite being challenged in High Court. 2020 coronavirus act, enables
the UK government to put strict limits on individual rights, suspending freedom such as freedom of
movement and freedom of association.
para 3 - constitutional benefits + lack of demand - Flexible nature of constitution - UK constitution is
uncodified + not entrenched → constitutional laws aren’t superiority to others = can be adjusted easily
eg. 1996 Dunblane school shootings lead to parli recatively banning handguns in UK vs US codified
constitution (right to bear arms) = v difficult to address frequent mass school shooting Little public
demand - 2011 AV referendum asked about constitution reform, replacing fPTP the AV → unsuccessful
turnout 42%. Other constitutional reform referendum = unpopular eg. consistently low turnout in
Mayoral and regional assemblies election shows little appetite + rejection of Northern powerhouses eg.
recently 2021 = regional + mayoral elections = welsh assembly election = 46.5%, London = 41% (down by
3%)
Evaluate the view that an uncodified constitution is a positive feature in the UK?
para 1 - neg: ambiguity and fusion of powers - Constitutional confusion - codified constitution would
outline structure of a referendum to prevent future constitutional confusion eg. scotland
interdependence after 2021 scottish parli elections, sturgeon (1st minister) wants another referendum,
but Johnson argues referendums = ‘once in a generation’ vote
Fusion of powers - increases political involvement of Judiciary due to lack of constitutional clarity eg.
Miller vs Secretary of state = leaving the EU in 2016 + the ruling against the propagation of parliament (5
weeks before a vote on his brexit bill) accused of being remainers and politically motivated, codified
constitution would prevent fusion of power eg. reduce influence of BJ’s majority = more scrutiny
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