Does the UK Constitution require further reform?
Agree Disagree
Democratic Deficit Flexibility:
- Critics argue that the UK Constitution suffers from a democratic deficit, as it - The unwritten nature of the UK Constitution allows for flexibility and
concentrates significant power in the hands of the executive and lacks proper adaptability.
checks and balances. - Opponents of reform argue that a written constitution could limit the ability to
- Reforms could address this by redistributing power and strengthening the role respond to changing circumstances, as it would require lengthy amendment
of Parliament and the judiciary. processes.
E.g. In 2019, Con won 365 seats, despite only 43.6% of the vote. - The UK Constitution has adapted and evolved over time without requiring
In 2015, UKIP won 12.6% of the vote but one seat. comprehensive reform.
- The UK Constitution has provided stability and continuity for centuries, forming
Devolution: the basis for the country's legal system.
- The process of devolution has led to the establishment of separate legislatures E.g. Allowed BJ to declare a national lockdown immediately in 2020.
in Scotland, Wales, and Northern Ireland.
- Further constitutional reform could clarify the powers and relationships Political Consensus:
between these bodies, ensuring a more equitable distribution of authority and - Constitutional reform often requires a broad political consensus, which can be
fostering a stronger sense of national unity. difficult to achieve.
E.g. Calls for further Scottish independence - Critics contend that pursuing major constitutional changes without sufficient
Wales Act 2017 gave Wales the right to vary income tax by 10p and gave further agreement across political parties and society could lead to further polarization
legislative powers. and instability.
E.g. Removal of UK from EU cause large decrease in party unity as MPs were not
bound by CMR.
Is the House of Commons more significant than the Lords?
Agree Disagree
Democratic Legitimacy: Expertise and Independence:
- The House of Commons, as the directly elected chamber of Parliament, holds - The House of Lords is often seen as a chamber that provides expertise,
greater democratic legitimacy than the unelected House of Lords. knowledge, and independent judgment.
- Members of the Commons are accountable to their constituents and are - Members of the Lords are not driven by electoral considerations, allowing
directly chosen by the people, making them more representative of the public them to focus on long-term perspectives and act as a check on the potential
will. short-termism of the Commons.
- Members of the House of Commons are subject to direct public pressure - They are less influenced by party politics compared to the Commons.
through elections and public opinion. - This independence allows members to approach legislation without party
- This can influence their decision-making and make them more responsive to affiliations, potentially leading to more thoughtful and less partisan decision-
the concerns and demands of the electorate. making.
E.g. In 2021, Matt Hancock was forced to resign after being caught having an - The House of Lords includes members with diverse backgrounds, expertise,
affair with his aide and being scrutinised heavily in the media. and experiences, such as business leaders, scientists, and religious leaders.
- This broad representation can contribute to a more comprehensive and
Government Formation: inclusive decision-making process, ensuring a wide range of perspectives are
- The House of Commons plays a pivotal role in government formation. considered.
- The Prime Minister is typically the leader of the political party that holds the E.g. Between 1997-2010, the HoL defeated the Hoc 450 times.
majority of seats in the Commons.
- This gives the Commons the power to determine the executive leadership of
the country and hold the government accountable. Checks and Balances:
E.g. Con won 365 in 2019 general election. - The House of Lords acts as a revising chamber, scrutinizing legislation passed
by the Commons.
- Its role is to offer amendments and suggestions to improve legislation and
ensure that laws are thoroughly examined before enactment.
- This provides a valuable check on potential hasty or ill-considered decisions
made by the Commons.
E.g. In 2023, the HoL added an amendment to the energy bill to ensure there is
a regard for the government’s net zero target in response to climate change.
Evaluate the effectiveness of constitutional reform since 1997.
Agree Disagree
Devolution: Fragmented Devolution:
- The introduction of devolved legislatures in Scotland, Wales, and Northern - While devolution has provided greater autonomy to Scotland, Wales, and
Ireland has allowed for greater regional autonomy and decision-making, giving Northern Ireland, critics argue that the devolved structures have led to
these regions more control over their own affairs. inconsistencies and imbalances in governance across the UK.
- This has led to a more decentralized governance structure and a stronger - There is a lack of clarity regarding the distribution of powers and a need for
sense of identity and representation for these regions. further reform to address these issues.
E.g. In Scotland, students don’t pay tuition fees and on average a Scottish E.g. In NI, the Assembly was suspended from 2002-07, 2017-20 and again in
worker earns more than their UK counterpart. 2022 due to conflict.
Scotland has significantly more powers than NI and Wales.
Human Rights Protection:
Democratic Deficit:
, - The incorporation of the European Convention on Human Rights into UK law - Despite the constitutional reforms, critics argue that there is still a significant
through the Human Rights Act 1998 has provided individuals with greater democratic deficit in the UK system.
protection of their rights and freedoms. - Power remains heavily centralized in the executive, and there is a lack of
- It has made it easier for individuals to challenge human rights violations and effective checks and balances on the government's authority.
has increased awareness and accountability in this area. - Some argue that further reforms are needed to strengthen parliamentary
E.g. In AA v Secretary of State for the Home Department 2022, the SC ruled that oversight and accountability.
due to article 8 of the HRA, the government could not deport a convicted E.g. In 2018, May did not consult her cabinet over a series of Syrian air strikes.
Nigerian drug dealer due to British girlfriend and child.
Has devolution gone far enough in the UK?
Agree Disagree
Centralization of Power: National Unity:
- Despite devolution, significant powers and decision-making authority still - Further devolution may risk creating fragmentation and divisions within the
remain concentrated in the central government, particularly in Westminster. UK.
- This centralization undermines the principle of subsidiarity and limits the - Critics argue that the existing devolved powers strike a balance between
ability of devolved regions to fully govern themselves and address local needs. regional autonomy and maintaining a strong, unified nation.
- While devolved regions have their own elected representatives, the UK - Going further with devolution could exacerbate tensions and lead to a more
Parliament still retains ultimate sovereignty and can override or interfere with fractured UK.
decisions made at the devolved level. E.g.
- This undermines the principle of self-governance and can lead to a perceived
lack of legitimacy for devolved institutions.
E.g. In NI, the Assembly was suspended from 2002-07, 2017-20 and again in Constitutional Stability:
2022 due to conflict. - Expanding devolution would require significant constitutional changes and
Scotland has significantly more powers than NI and Wales. could introduce uncertainty and instability into the UK's constitutional
framework.
- Critics contend that maintaining a stable and familiar constitutional structure
Regional Inequalities: is crucial for maintaining public confidence and avoiding potential conflicts
- Devolution has not been able to adequately address regional inequalities between different regions.
within the UK. E.g.
- Some argue that further devolution is necessary to empower regions with
greater control over economic policies, infrastructure investments, and
resources, enabling them to address disparities and promote balanced
regional development.
E.g.
Evaluate the extent to which the UK is now effectively a federal system.
Agree Disagree
Devolution of Powers: Unequal Devolution of Powers:
- The devolution of powers to Scotland, Wales, and Northern Ireland has - The devolution of powers in the UK has been uneven, with Scotland having a
given these regions a significant degree of autonomy in areas such as higher degree of autonomy compared to Wales and Northern Ireland.
education, healthcare, and transportation. - This unequal distribution of powers does not fully align with the principles
- This decentralization of powers resembles key aspects of federal systems, of equal representation and shared sovereignty found in federal systems.
where power is shared between central and regional governments. E.g.
- The devolved legislatures in Scotland, Wales, and Northern Ireland have the
authority to pass laws on a range of policy areas.
- They also have executive bodies that make decisions and implement policies Centralized Decision-Making:
within their jurisdictions, resembling the separation of powers seen in federal - While devolution has occurred, significant decision-making powers still
systems. reside with the central government in Westminster.
E.g. - The UK Parliament retains sovereignty and can override or interfere with
decisions made at the devolved level, indicating a more centralized
governance structure rather than a fully federal arrangement.
Representation and Political Systems: E.g.
- Each devolved region has its own elected legislature and government,
providing a level of representation and decision-making specific to those
regions.
- This mirrors the federal principle of representation at both the national and
regional levels.
E.g.
