Constitution essay plans
Evaluate the view that the constitution needs reform
Needs reform Doesn’t need reform
Outdated Adaptability
- e.g. Magna Carta // HoL - allows for gradual evolution without
- unadaptable to modern issues parliamentary supermajorities or
referendums
- unentrenched = can adapt to changing
circumstances
- e.g. Immigration Act 2016 = due to rise in
illegal immigrants
- e.g. Coronavirus 2020
Concentration of power Strong government
- uncodification and parliamentary - party in power has control over legislative
sovereignty means principles of law are not process
safe and can create elective dictatorship - FPTP and fusion of powers help easily
- e.g. Blair and 179 seat majority = can implement manifesto promises
easily introduce law e.g. independence of - e.g. majority conservative government
BoE 205 held EU referendum despite criticism
from opposition
Lack of Clarity Accountability
- uncodified – confusion around - poor government can be held accountable
constitutional rules and voted out in the next election
- difficult to decipher and interpret = hard - e.g. Lab govt kicked out in 2010 after
to know if government has acted damaging reputation regarding Iraq war
unconstitutionally and financial crisis in 2008
- lack of clarity = weak protection of rights - CMR/ IMR
as there is no legal backing e.g. Blair - e.g. Boris resignation after immense
Terrorism Bill from 24hrs to 90 days pressure from media and public from
- e.g. HRA 1998 helped but not as effective partygate
as legal document like BOR
Evaluate the view that England should have devolved powers
Should have devolved powers Shouldn’t have devolved powers
Clear devolution demands Little demand for reform
- 2011 referendum = Wales voted in favour - in spite of asymmetric development of
of more devolved powers UK’s constitutional arrangements, most
- Scotland Act 2016 = permanence of English people are content that their
Scottish Parliament and executive interest are sufficiently represented by
- demand = England should also be granted Westminster
the same rights
Regional identity in certain counties Regional identity doesn’t trigger demand
- e.g. 2015 = Cornwall become first county for devolution
to be given devolved powers including - North East rejected opportunity to have
, control of investment and bus services its own assembly by 78% to 22% in 2004
Population size Challenges Westminster authority
- large population of England means that - since Westminster brings together all
citizens should have their own government MPs, any reduction in power and prestige
to ensure that their needs are met could threaten the survival of the UK
Evaluate the view that devolution should go further
Should go further Shouldn’t go further
Better meets the needs of people at a local Undermine Westminster authority
level - since Westminster brings together all
- e.g. Scotland and COVID MPs, any reduction in power and prestige
could threaten the survival of the UK
Addresses problems of over centralisation No demand for further devolution
- e.g. Scotland = health service, education, - in spite of asymmetric development of
energy regulation UK’s constitutional arrangements, most
- Wales = health service, public transport English people are content that their
- N.Ireland = healthcare, law courts, interest are sufficiently represented by
regulation Westminster
- prevents possible elective dictatorship
Unity Disunity
- no substantial move to independence - Scotland 1998 = change income tax rate
from other devolved regions = content with by 3% either way of the UK rate Scotland
current devolution settlement 2012 = vary tax rates by 10% SNP done
- e.g. Wales – voted for devolution by this by raising top rate and lowering bottom
0.3% // Plaid Cyrmu independence rally rate of income tax in Scotland
2019 = 10,000 marchers - enhanced thirst for Scottish independence
- e.g. Good Friday Agreement = general e.g. SNP mandate for independence
success in a united Ireland 2014 Scottish independence referendum
despite 55% defeat, they proposed second
referendum to be held in Oct 2023 before
thwarted by SC
Evaluate the view that devolution is in danger of undermining the unity of UK
Undermines unity of the UK Doesn’t undermine unity of the UK
Encourages further demand General satisfaction with the demands for
- Scotland 1998 = change income tax rate self-government
by 3% either way of the UK rate Scotland - no substantial move to independence
2012 = vary tax rates by 10% SNP done from other devolved regions = content with
this by raising top rate and lowering bottom current devolution settlement
rate of income tax in Scotland - e.g. Wales – voted for devolution by
- enhanced thirst for Scottish independence 0.3% // Plaid Cyrmu independence rally
e.g. SNP mandate for independence 2019 = 10,000 marchers
2014 Scottish independence referendum - e.g. Good Friday Agreement = general
despite 55% defeat, they proposed second success in a united Ireland
Evaluate the view that the constitution needs reform
Needs reform Doesn’t need reform
Outdated Adaptability
- e.g. Magna Carta // HoL - allows for gradual evolution without
- unadaptable to modern issues parliamentary supermajorities or
referendums
- unentrenched = can adapt to changing
circumstances
- e.g. Immigration Act 2016 = due to rise in
illegal immigrants
- e.g. Coronavirus 2020
Concentration of power Strong government
- uncodification and parliamentary - party in power has control over legislative
sovereignty means principles of law are not process
safe and can create elective dictatorship - FPTP and fusion of powers help easily
- e.g. Blair and 179 seat majority = can implement manifesto promises
easily introduce law e.g. independence of - e.g. majority conservative government
BoE 205 held EU referendum despite criticism
from opposition
Lack of Clarity Accountability
- uncodified – confusion around - poor government can be held accountable
constitutional rules and voted out in the next election
- difficult to decipher and interpret = hard - e.g. Lab govt kicked out in 2010 after
to know if government has acted damaging reputation regarding Iraq war
unconstitutionally and financial crisis in 2008
- lack of clarity = weak protection of rights - CMR/ IMR
as there is no legal backing e.g. Blair - e.g. Boris resignation after immense
Terrorism Bill from 24hrs to 90 days pressure from media and public from
- e.g. HRA 1998 helped but not as effective partygate
as legal document like BOR
Evaluate the view that England should have devolved powers
Should have devolved powers Shouldn’t have devolved powers
Clear devolution demands Little demand for reform
- 2011 referendum = Wales voted in favour - in spite of asymmetric development of
of more devolved powers UK’s constitutional arrangements, most
- Scotland Act 2016 = permanence of English people are content that their
Scottish Parliament and executive interest are sufficiently represented by
- demand = England should also be granted Westminster
the same rights
Regional identity in certain counties Regional identity doesn’t trigger demand
- e.g. 2015 = Cornwall become first county for devolution
to be given devolved powers including - North East rejected opportunity to have
, control of investment and bus services its own assembly by 78% to 22% in 2004
Population size Challenges Westminster authority
- large population of England means that - since Westminster brings together all
citizens should have their own government MPs, any reduction in power and prestige
to ensure that their needs are met could threaten the survival of the UK
Evaluate the view that devolution should go further
Should go further Shouldn’t go further
Better meets the needs of people at a local Undermine Westminster authority
level - since Westminster brings together all
- e.g. Scotland and COVID MPs, any reduction in power and prestige
could threaten the survival of the UK
Addresses problems of over centralisation No demand for further devolution
- e.g. Scotland = health service, education, - in spite of asymmetric development of
energy regulation UK’s constitutional arrangements, most
- Wales = health service, public transport English people are content that their
- N.Ireland = healthcare, law courts, interest are sufficiently represented by
regulation Westminster
- prevents possible elective dictatorship
Unity Disunity
- no substantial move to independence - Scotland 1998 = change income tax rate
from other devolved regions = content with by 3% either way of the UK rate Scotland
current devolution settlement 2012 = vary tax rates by 10% SNP done
- e.g. Wales – voted for devolution by this by raising top rate and lowering bottom
0.3% // Plaid Cyrmu independence rally rate of income tax in Scotland
2019 = 10,000 marchers - enhanced thirst for Scottish independence
- e.g. Good Friday Agreement = general e.g. SNP mandate for independence
success in a united Ireland 2014 Scottish independence referendum
despite 55% defeat, they proposed second
referendum to be held in Oct 2023 before
thwarted by SC
Evaluate the view that devolution is in danger of undermining the unity of UK
Undermines unity of the UK Doesn’t undermine unity of the UK
Encourages further demand General satisfaction with the demands for
- Scotland 1998 = change income tax rate self-government
by 3% either way of the UK rate Scotland - no substantial move to independence
2012 = vary tax rates by 10% SNP done from other devolved regions = content with
this by raising top rate and lowering bottom current devolution settlement
rate of income tax in Scotland - e.g. Wales – voted for devolution by
- enhanced thirst for Scottish independence 0.3% // Plaid Cyrmu independence rally
e.g. SNP mandate for independence 2019 = 10,000 marchers
2014 Scottish independence referendum - e.g. Good Friday Agreement = general
despite 55% defeat, they proposed second success in a united Ireland
