The constitution:
Evaluate whether the constitutional reforms introduced since 1997 should be taken further?
Intro
P1 = devolution = far enough
Modification of the centralised constitution allows policies to address the needs of
local constituents
Has ended violence between Unionists and Nationalists in Northern Ireland via a
power sharing system
P2 = more reform
Further independence was rejected by Scotland in 2014 – but has been reintroduced
since the Brexit referendum
Devolution is uneven across the UK – a federal system would be more uniform
P3 = HOL = far enough
Upper house now more firmly entrenched with merit and experience = experts in the
field rather than hereditary peers
It has greater assertiveness, which it has been using to prevent unpopular policy. An
elected chamber would create gridlock – similar to the US system
P4 = more reform
Lacks legitimacy = it is undemocratic and therefore unaccountable. Requires further
reform.
P5 = electoral reform = far enough
Systems introduced in Scotland, Wales and Northern Ireland have produced more
proportional results
o EG: First use of AMS in Scottish parliament led to a hung parliament
2011 AV referendum vote – no desire for change indicated by the lack of support for
electoral reform.
P6 = more reform
FPTP leads to an underrepresentation of small parties – it is bias and produces
majority governments on minority votes, which is undemocratic. Reform is needed to
gain legitimacy
,P7 = HRA = far enough
1998 – the UK is now in line with EU states, after the basing national law on the
European Convention on Human Rights
It protects citizens rights but is not entrenched (like the US), so can be modified and
modernised as required
P8 = more reform
However, as parliament cannot bind its successors, this act could be overwritten with a
simple vote. This suggests further reform is required
Conservatives have argued for a written Bill of Rights – this gives more power to the
Supreme Court
Conc.
,Evaluate whether the constitutional reforms introduced since 1997 are significant
Intro
Uncodified constitution a constitution where the principles have a variety of sources
making it easier to amend.
Significant reforms since 1997.
Aims were democratisation, decentralisation, stronger protection of rights and
modernisation.
P1
Devolution = the division of powers among regions of the country, while actual
sovereignty, or ultimate legal power, remains with the Westminster Parliament.
Scottish Act passed in 1998 and implemented in 1999, e.g. powers given over the
health service, over education, over roads and public transport.
The government of Wales Act 1999 set up an elective Welsh national assembly with
further powers given in 2014.
The 1998 Belfast Agreement for Northern Ireland = decentralised limit excessive
executive power and ability to control all parts of the UK which it isn't closely
associated with domestic matters
The 2016 Scotland Act further constrained parliamentary sovereignty by establishing
that Westminster cannot legislate in devolved areas without consent and that
devolution can only be overturned by a referendum.
P2
Westminster remains sovereign in legal terms as it can abolish or overrule the
devolved bodies.
Devolved bodies can't make major decisions, even if their only regional. E.g. raising
taxes.
Although it's too early to be conclusive but it was assumed that devolution would
reduce nationalist sentiment and prevent the break-up of the UK but the nationalist
sentiment has actually grown in Scotland.
The three countries still have to receive a subsidy from the Treasury to maintain the
services (the Barnett Formula) in other words they are not yet fully self-supporting.
Further supported by the fact that even though Parliament is unlikely to repeal
devolution, it has the power to do it, meaning the governments aren't stable and fear
its actions by the threat of being removed
P3
Human Rights Act of 1998.
It is the most significant development in the protection of human rights in the UK since
the Magna Carta was drafted.
The Act incorporated the European Convention on Human Rights into UK law and
made it binding on all public bodies, including the government.
It's safeguarded by the fact that it's not from Parliament but was set by an external
body the Council of Europe.
, E.g. in 2012 court prevented the deportation of Abu Qatada to Jordan on terrorist
charges due to the risks of torture. Brought UK in line with other modern democracies
and devolved power.
P4
In order to preserve the principle of parliamentary sovereignty, the convention isn't
strictly binding in terms of entrenchment on UK Parliament and thus aren't subject to
superior powers.
E.g. in 2015 Conservative party was contemplating replacing with its own Bill of Rights
Although, in practice, the terms of the ECHR are now binding on all parts of the UK, the
people are still vulnerable meaning reform hasn't gone far enough.
E.g. when judges noted that the Anti-Terrorism Crime and Security Act of 2001 was a
breach of the ECHR, the government edited it out of choice but not obligation.
P5
The Freedom of Information Act 2000 provides public access to information held by
public authorities.
It makes public authorities publish certain information about their activities and
members of the public are entitled to request information from public authorities.
E.g. it was revealed that with hundreds of thousands of phone calls to the 101 non-
emergency police number going unanswered annually, it was suggested that callers
hang up rather than wait a long time for an answer.
It has made the UK more democratic because In the UK they have very few pieces of
legislation that lets us hold our public bodies to account. The Freedom of information
Act is one and the HRA is another.
The FOIA was instrumental to Liberty's success in challenging discriminatory stop and
search practices, and the degrading treatment of detained immigrants.
P6
It gives government the right to conceal information if t feels it might prejudice the
activities of government which means that the applicant has to prove that a document
or other information should be released.
E.g. in 2008 the government tried to block a request to expose information about MPs
expenses claims. The information was released and immediately leaked to the Daily
Telegraph and it became clear that there had been widespread abuse of the generous
expenses system. As a result, many MPs were forced to give up their seats, and the
expenses system had to be radically reformed.
The reform is weak as before the information was revealed, government still had the
power to repeal it for some time, which shows that the act is still weak and there are
likely to be other things the government is concealing.
P7
HOL reform
HOL Act 1999 = 1999 hereditary peers removed.
1911 and 1949 Parliaments Acts
Salisbury, secondary legislation, financial privilege convention
Evaluate whether the constitutional reforms introduced since 1997 should be taken further?
Intro
P1 = devolution = far enough
Modification of the centralised constitution allows policies to address the needs of
local constituents
Has ended violence between Unionists and Nationalists in Northern Ireland via a
power sharing system
P2 = more reform
Further independence was rejected by Scotland in 2014 – but has been reintroduced
since the Brexit referendum
Devolution is uneven across the UK – a federal system would be more uniform
P3 = HOL = far enough
Upper house now more firmly entrenched with merit and experience = experts in the
field rather than hereditary peers
It has greater assertiveness, which it has been using to prevent unpopular policy. An
elected chamber would create gridlock – similar to the US system
P4 = more reform
Lacks legitimacy = it is undemocratic and therefore unaccountable. Requires further
reform.
P5 = electoral reform = far enough
Systems introduced in Scotland, Wales and Northern Ireland have produced more
proportional results
o EG: First use of AMS in Scottish parliament led to a hung parliament
2011 AV referendum vote – no desire for change indicated by the lack of support for
electoral reform.
P6 = more reform
FPTP leads to an underrepresentation of small parties – it is bias and produces
majority governments on minority votes, which is undemocratic. Reform is needed to
gain legitimacy
,P7 = HRA = far enough
1998 – the UK is now in line with EU states, after the basing national law on the
European Convention on Human Rights
It protects citizens rights but is not entrenched (like the US), so can be modified and
modernised as required
P8 = more reform
However, as parliament cannot bind its successors, this act could be overwritten with a
simple vote. This suggests further reform is required
Conservatives have argued for a written Bill of Rights – this gives more power to the
Supreme Court
Conc.
,Evaluate whether the constitutional reforms introduced since 1997 are significant
Intro
Uncodified constitution a constitution where the principles have a variety of sources
making it easier to amend.
Significant reforms since 1997.
Aims were democratisation, decentralisation, stronger protection of rights and
modernisation.
P1
Devolution = the division of powers among regions of the country, while actual
sovereignty, or ultimate legal power, remains with the Westminster Parliament.
Scottish Act passed in 1998 and implemented in 1999, e.g. powers given over the
health service, over education, over roads and public transport.
The government of Wales Act 1999 set up an elective Welsh national assembly with
further powers given in 2014.
The 1998 Belfast Agreement for Northern Ireland = decentralised limit excessive
executive power and ability to control all parts of the UK which it isn't closely
associated with domestic matters
The 2016 Scotland Act further constrained parliamentary sovereignty by establishing
that Westminster cannot legislate in devolved areas without consent and that
devolution can only be overturned by a referendum.
P2
Westminster remains sovereign in legal terms as it can abolish or overrule the
devolved bodies.
Devolved bodies can't make major decisions, even if their only regional. E.g. raising
taxes.
Although it's too early to be conclusive but it was assumed that devolution would
reduce nationalist sentiment and prevent the break-up of the UK but the nationalist
sentiment has actually grown in Scotland.
The three countries still have to receive a subsidy from the Treasury to maintain the
services (the Barnett Formula) in other words they are not yet fully self-supporting.
Further supported by the fact that even though Parliament is unlikely to repeal
devolution, it has the power to do it, meaning the governments aren't stable and fear
its actions by the threat of being removed
P3
Human Rights Act of 1998.
It is the most significant development in the protection of human rights in the UK since
the Magna Carta was drafted.
The Act incorporated the European Convention on Human Rights into UK law and
made it binding on all public bodies, including the government.
It's safeguarded by the fact that it's not from Parliament but was set by an external
body the Council of Europe.
, E.g. in 2012 court prevented the deportation of Abu Qatada to Jordan on terrorist
charges due to the risks of torture. Brought UK in line with other modern democracies
and devolved power.
P4
In order to preserve the principle of parliamentary sovereignty, the convention isn't
strictly binding in terms of entrenchment on UK Parliament and thus aren't subject to
superior powers.
E.g. in 2015 Conservative party was contemplating replacing with its own Bill of Rights
Although, in practice, the terms of the ECHR are now binding on all parts of the UK, the
people are still vulnerable meaning reform hasn't gone far enough.
E.g. when judges noted that the Anti-Terrorism Crime and Security Act of 2001 was a
breach of the ECHR, the government edited it out of choice but not obligation.
P5
The Freedom of Information Act 2000 provides public access to information held by
public authorities.
It makes public authorities publish certain information about their activities and
members of the public are entitled to request information from public authorities.
E.g. it was revealed that with hundreds of thousands of phone calls to the 101 non-
emergency police number going unanswered annually, it was suggested that callers
hang up rather than wait a long time for an answer.
It has made the UK more democratic because In the UK they have very few pieces of
legislation that lets us hold our public bodies to account. The Freedom of information
Act is one and the HRA is another.
The FOIA was instrumental to Liberty's success in challenging discriminatory stop and
search practices, and the degrading treatment of detained immigrants.
P6
It gives government the right to conceal information if t feels it might prejudice the
activities of government which means that the applicant has to prove that a document
or other information should be released.
E.g. in 2008 the government tried to block a request to expose information about MPs
expenses claims. The information was released and immediately leaked to the Daily
Telegraph and it became clear that there had been widespread abuse of the generous
expenses system. As a result, many MPs were forced to give up their seats, and the
expenses system had to be radically reformed.
The reform is weak as before the information was revealed, government still had the
power to repeal it for some time, which shows that the act is still weak and there are
likely to be other things the government is concealing.
P7
HOL reform
HOL Act 1999 = 1999 hereditary peers removed.
1911 and 1949 Parliaments Acts
Salisbury, secondary legislation, financial privilege convention
