Contains in-depth and detailed essay plans on the UK constitution, UK parliament, the executive and relationships between the branches. Also, has for & against arguments with up to date examples to buttress points.
Politics C2 essay plans ( YOU NEED A SYNOPTIC LINK OR MAY BE CAPPED)
The Constitution
Evaluate the view that constitutional reform since 1997 have been
weak, incomplete and require further reform.
Constitutional reform are amendments or changes to the UK’s uncodified constitution.
They have been ongoing since 1997 with New Labour’s promise to constitutional reform.
For Against
- Constitutional changes made to the - However, judicial reforms were good
UK have been weak and incomplete as they aid in the protection of
as the judiciary does not have the human rights.
power to strike down laws which are - HRA act 1999 included the ECHR
inconsistent with the Constitution. into UK law and emboldened judicial
- The HRA 1998 and constitutional ability to protect rights like right to
reform act 2005 have allowed privacy etc.
judges to issue a declaration of - Further reform included the
incompatibility. constitutional reform act 2005,
- Do not actively have any powers of which established the supreme
enforcement nor can the declaration court.
of incompatibility force government - CRA ensured separation of powers
to change their actions – inability to and increased the ability of the
strike down laws limits its role of judiciary to protect human rights.
protection of human rights and - Belmarsh case forced gov to release
acting as a check on powerful prisoners without trial.
parliament. - 2010 case issued a declaration of
- Evident by the passage of the incompatibility with the freezing of
prevention of terrorism act 2005 – terrorist assets.
after Belmarsh prison ruling that
holding of suspected terrorists was
incompatible – the act was passed
which allows the home secretary to
impose control orders on suspected
terrorists without trial – effectively
bypassing the SC.
- As judiciary is only able to issue a
declaration of incompatibility and
not strike down laws it is weak in
, protecting human rights and further
reform is needed.
- Reforms did not go far enough as - On the other hand, the reforms to
House of Lords is still an unelected the House of Lords have made it a
and unaccountable body. more active and assertive body.
- Blair aimed to make the HoL an - HoLs act 1999 reduced the number
elected chamber by removing all of hereditary peers to 92.
hereditary peers. - Membership to the upper house is
- However, he was unable to do this now based on merit and expertise in
and had to settle for the Cranborne a certain profession for example,
compromise whereby 92 of the floella enjamin’s appointment on
hereditary peers were to remain being a distinguished
whilst the rest will be nominated. businesswoman and child tv
- Furthermore, the reforms of 2013 & presenter.
2014 to allow lords to retire has also - As a more active body, the Lords has
not gone far enough as chamber is greater willingness to challenge the
still too big. government.
- Evident by the growing number of
government defeats in the Lords
e.g., Blair and Brown were defeated
seven times in common but over
400 times in the lords.
- In recent times a lack of majority in
government has increased the
power as Salisbury convention no
longer applicable.
- Devolution did not go far enough as - Devolution has gone far enough as it
London is still without a devolved has given devolved regions power.
body and some regions without an -
elected mayor.
- Devolution has not gone far enough
as each devolved region has its own
elected assembly apart from
England.
- Scots still call for independence as
was seen in 2014 referendum and
again in 2020 when the UK left the
EU.
- Devolution created more problems
than it solved as it led to the West
Lothian Question – if Welsh, Scottish
and Northern Irish MPs should be
able to vote on matters than only
affect England.
- Even though English votes for
English laws were introduced it does
not stop other MP’s from devolved
, region voting against their preferred
policies. . E.g. in 2016 concerning
the extensions to Sunday trading
2016, this passed the EVEL stage but
was then defeated by a vote of the
whole chamber with SNP MPs
voting against it, despite the fact
Scotland already had loner trading
hours and would not be affected by
the bill.
-
- Constitutional reform of the fixed
term parliaments act was weak.
- Defied by Theresa May in 2017
- Defied by Boris Johnson in 2019.
- Repealed in 2021.
To what extent has constitutional reform gone far enough?
For Against
- House of Lords reform was sufficient - House of Lords reform was not
because… sufficient because…
- An appointed Lords ensures the - Those in favour of an elected Lords
Commons retains primacy and that may claim that this reform has not
the Lords is the most efficient and gone far enough as it lacks
more well informed it has ever democratic legitimacy and remains
been. unaccountable in this sense.
- It also plays a key role in protecting - In their 2019 election manifesto, the
the rights of citizens, as seen with its Labour party cited this as their
dogmatic stance on protecting the reason for wanting to abolish the
rights of EU citizens. Lords.
- The Lords are now appointed
primarily through political
patronage which has further
increased the authority of the prime
Minister.
- For example, David Cameron’s
appointments.
- Boris Johnson appointing his brother
and Peter Cruddas.
- Devolution was sufficient because… - The reform was not sufficient
- Devolution has provided a because…
significant amount of domestic self- - There are calls for devolution in the
government to Scotland, Wales and UK to be symmetrical, thus giving
northern Ireland and since 2015 the same powers of the Scottish
, English MPs can vote on English government to Wales, N.I. and an
Laws before they proceed to the full English parliament.
house – this is aimed at resolving - Devolution has therefore lacked
the West Lothian Question. democratic uniformity.
-
- There is no need for codified - There is need for constitutional
constitution reform because… reform because…
- Critics argue that it would make the - Supporters of a codified constitution
UK constitution less flexible and claim that it would provide the
responsive and take power from required checks and balances which
unelected politics and gave it to would stop the tendency o the
unaccountable judges. recurring phenomena of
- It would also create paralysis within governments being elective
the political system as to where dictatorships wherein due to FPTP
power resides. they have decisive majorities and
this allows power to be
concentrated in the centre.
- Electoral reform was sufficient - Electoral reform was not sufficient
because… because…
- Supporters of the existing system of - Electoral reform has not taken place
FPTP claim that it has gone far as it for Westminster elections which
has been introduced for elections to ultimately means that it has not
devolved assemblies and that full gone far.
scale reform of the electoral system - Indeed it has not gone anywhere.
was resounded rejected in 2011 - Supporters of further electoral
following the AV referendum with a reform argue that UK general
turnout of only 42% and around elections do not fairly translate
70% voting for no. votes into seats – the support for
- Therefore, there is no demand for the Lib Dems shows this.
such.
- The HRA reform was sufficient - HRA reform was not sufficient
because… because…
- Some claim that it has gone far - Parliament remains sovereign and
enough as it has brought the UK in can take away important civil
line with other western liberties simply a vote in parliament.
democracies’ constitutional - Furthermore, the Conservative party
practices and provides the sufficient have previously flirted with the idea
protection of citizens without of a British bill of rights and this is
eroding parliamentary sovereignty. likely to make a comeback given the
claims by the EU that the ECHR is
negotiable under the UK’s
withdrawal agreement.
- The HRA was also undermined
during Blair’s anti-terror legislation.
- The reform was sufficient because… - The FOIA reform was not sufficient
- The Freedom of Information Act, because…
which became operational in 2005, - The act has not gone far enough as
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