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Politics: Paper 2 Essay Plans
NON-SOURCE + SOURCE Qs - The Constitution
Evaluate the view that the UK Constitution needs further reform
Intro:
- The UK’s constitution has undergone major reforms especially in 1997 under Blair’s
government. It could be argued that in theory these reforms especially the ones that were
made under Blair are incomplete, which can cause a major threat to UK’s legitimacy and
democracy, and the codified nature of the constitution further threatens this (UK’s
democracy). Hence UK requires further reforms.
- In reality these reforms have increased the UK’s legitimacy and democracy through
introducing reforms such as: devolution and HRA where it protects citizens rights, that
are regarded to a high standard. These have importantantly not been able to undermine
the sovereignty of the Parliament set by the Constitution and so reforms are not needed.
Conclusion:
- Overall, the reforms presented to the UK constitution can be argued that they are unable
to establish full on protection towards civil rights and liberties, hence potentially
threatening the UK’s democracy due to their incomplete nature. However, the reality and
therefore the stronger argument asserts that the UK does not require further reform since
incompletion of the reforms have not established great danger especially due to the
political culture of the UK in which politicians and justices regard reforms such as the
HRA to a high standard and therefore cannot override them.
, YES (further reforms) NO (no reforms)
- One of the main reasons why UK.C needs further reform - In reality, rights in the UK are respected by politicians and
is demonstrated by Blair’s Incomplete constitutional protected by the judiciary. Therefore the probability of
reforms. Parliament repealing HRA is slim to none.
- This is seen trough how Parliament can easily repeal - Rights are now a key part of our culture and our political
HRA. This was seen when the government published a system. Politicians take into account rights in passing law
Bill of Rights Bill in June 2022, allowing Parliament to whilst our rights are protected by the independent judiciary
make laws which go against or are incompatible with the with the passage of the HRA and Constitutional Reform
HRA. Act.
- This infringes citizens human rights and so due to Blair - E.G: In 2022, Article 8 of HRA allowed a convicted
leaving the reform unfinished it rendered it weak in the Nigerian drug dealer to remain in the UK due to his
face of Parliament. relations of a British Girlfriend and child. (A.A vs Secretary
- And so, we can conclude that further reform is required to of State and Home Relations.
strengthen the UK’s constitution in order to prevent - We can form a judgement that since the rights are
citizens’ right from being undermined by Parliament. respected and protected that no major constitutional
changes are needed.
- Additionally, it is too easy for a government to make
significant constitutional changes.
- This produces extreme threat especially if government
was elected under a simple majority with a weak - However, The UK’s uncodified constitution has
mandate. successfully evolved due to its adaptability
- E.G: Current government severely weak in their mandate, - The UK’s uncodified constitution has gradually evolved
seen through 3PMs since their election. (Truss’ budget..) over a long period of time, adapting and retaining relevant
- And so, our uncodified system grants easy access for a elements that make the system work and increase its
government with a majority in the Commons to make legitimacy.
significant constitutional changes, including those which - E.G: Immigration Act of 2016 which saw sanctions placed
affect our fundamental rights. on illegal working and new measures for ease in enforcing
- We can conclude from this that the UK’s constitution immigration laws.
requires major change, such as codification, since it does - This was in response to the growing number of illegal
not sufficiently limit government power migrants coming into the UK at the time.
- This is undoubtedly a strength of our constitution as the
importance of statute law makes it a lot simpler to
implement an act of parliament.
- We can reach a verdict that the successful evolution of the
UK’s uncodified constitution shows that it does not require
major change.
- Another major problem within the constitution is that many
principles of the UK’s political system exist in only - We cannot ignore the fact that most of the UK’s
conventions. constitutional order has been written in to law.
- fundamental principles of the UK’s political system exist - A significant proportion of the UK’s constitutional order has
only in conventions and can be overridden. been written in to law,
- E.G: These include parliament’s right to vote before taking - E.G: such as the HRA and Devolution Acts, and so it is
military action, which May ignored in 2018 codified to some extent.
- We can reach a verdict from this that the UK’s constitution - Hence making most important laws that protect civil rights
requires major change,as many key principles are only and so on to be entrenched.
conventions. Hence reform will be able to strengthen this - We can conclude that since much of the UK’s
conventions and prevent laws being legislated that constitutional order has been written in to law, this shows
undermine such important conventions. that it does not require major change
, Evaluate the view that devolution has been good for Wales and Scotland but not for England and
Northern Ireland.
Intro:
- Devolution is a system of separation of powers but not sovereignty that was introduced
under the Blair government in 1997. This system has caused the devolved bodies within
(scotland, wales and Northern Ireland).
- Hence to an extent it can be argued that all the four devolved bodies have had
successful devolution through gaining power over sectors including; education, health
care, local governments.
- Parliament has yet to intervene against laws legislated in regards tot these sectors. In
addition to this it can be argued that England’s success is already determined as it
doesn’t need of an independent Parliament as it already has one.
- However, Scottish and Welsh bodies gained additional powers compared to NI,EN.
Hence increased Scotland’s need for independence as seen throughout the 2014
Scottish Independence referendum.
- Ultimately, this final argument will present that devolution has despite it not having
satisfied the needs for Wales and Scotlan, devolution has generally been viewed as a
success within these two bodies compared to Northern Ireland and ENgland.
DEVOLUTION ONLY GOOD TO ST + WS DEVOLUTION IS NEUTRAL TO ALL BODIES
- However, in reality devolution resulted in Scotland - It can be claimed that these bills have only enabled the
and Welsh gaining more power. bodies (Scotland + Wales) to demand more power.
- This is seen when the “Scotland Act” was introduced - Hence leaving both bodies to remain unsatisfied.
allowing the devolved body to gain further power over - This is seen how the additional bill “Scotland Act” has
policies that include taxation which other devolved not satisfied Sctoland’s demand for independence.
bodies such as Norther Ireland doesn’t to have power - E.G: This seen how theres been a Scottish
over. Independence referendum 2014.
- Welsh body under Blair government has also gained - Resulting with a 45% of people wanting to become
further powers. Independent and a 55% to remain united.
- E.G: Introduction of “Wales Bill”. - Additionally, The Scottish Nationalist Party remains a
- This bill devolves a significant package of tax and strong lobby for a second referendum on Scottish
borrowing powers to Wales, giving the National independence and has made electoral gains, including
Assembly of Wales and the Welsh Government more further successes in the 2019 general election.
levers - We can form the judgement that devolution has not
- We can conclude that since both Scotland and Wales satisfied the demand for more impendence and hence
have gained additional powers, devolution has been cannot be classed as successful.
good for them.
- However, it may be argued that despite the failure of
devolution to satisfy Scotland’s demand for
independence.
- Devolution is generally viewed as a success for both
Scotland and Wales.
- This is because devolution enabled democracy within
the two bodies to be further enhanced.
- E.G: Scotland and Wales use AMS to elect members of
, their Parliament.
- Hence the new institutions use proportional voting
system
- Additionally, the Scottish Parliament and the Welsh
assembly have both have established themselves, are
popular, and have changed laws at national level to suit
the needs of the Scottish and Welsh electorate.
Evaluate the extent to which the Westminster Parliament has become more effective in holding
the government accountable.[30]
Intro:
- The UK is a Parliamentary democracy hence there is a fusion of powers between the
Executive and Legislature. The Executive, is led by the Prime Minister and this is formed
from the House of Commons. Yet one of the main powers granted to Parliament is the
ability to scrutinise the actions of government.
- The following issues must be considered when answering: legislative scrutiny, the role of
backbenchers and question time.
- Ultimately, it is clear that parliamentary scrutiny of the Executive is woefully ineffective
because of the elective dictatorship that is usually formed after a Government has won a
clear majority.
Conclusion:
- It is the case that parliamentary scrutiny of the Executive is largely ineffectual. This is
because of the predominant role of the House of Commons and the fact that due to the
fusion of powers the Government normally dominates that chamber.
- Whilst there are exceptions to this rule, they only really occur in the rare occasions when
a government does not have a clear majority. The House of Lords does offer detailed
scrutiny, particularly of legislation, however it is limited by the structural power the House
of Commons has over it.
- Whilst Select Committees and Question Time are examples of effective scrutiny they do
not enable Parliament to enforce change, so are therefore still fundamentally limited.
- Therefore, it is clear that the dominance of the Executive over the House of Commons
ensures that parliamentary scrutiny of the executive is largely cosmetic.
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