To what extent have constitutional reforms in recent years made the UK more democratic

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  • Created by: wanjikar
  • Created on: 28-05-23 18:13
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  • To what extent have constitutional reforms in recent years made the UK more democratic
    • More democratic
      • Devolution
        • constitutional reforms introduced by Blair in 1998
        • e.g., Scottish Parliament has the ability to make laws
        • increased access points for the electorate and pressure groups
        • devolved nations are therefore represented by a government they want
          • e.g., there's 5% support for Tories in Scotland and Wales
          • allows for a divergence in policies
            • Scotland removed university tuition fees whereas England still have 9K
      • reform of the judiciary
        • The HRA and Freedom of Info allowed for an active role of the judiciary which challenges parliamentary sovereignty
        • judicial activism has increased since the creation of the Supreme Court
        • E.G., 2004 Belmarsh  case: the SC ruled against the govt's detainment of suspects without trial
      • reforms of parliament
        • the removal of 100s of hereditary peers from the House of Lords
        • Independent Appointments Commission 2000
          • increase in independent peers
          • reduced partisanship in the Lords
        • E.G., 2012-13 the govt suffered 48 defeats in the Lords on issues such as legal aid reform, welfare reform and local govt finance.
    • No change
      • Parliamentary Sovereignty
        • Parliament is still sovereign so can repeal devolved powers at any time
        • The West Lothian Question
          • fixed with EVEL 2015 but was repealed in 2020
        • There was a transfer of sovereignty to the EU before Brexit
        • Westminster still block policies
          • Sunak blocked Scotland's gender recognition bill
      • Weak judiciary
        • SC judges are unelected and unrepresentative
        • The HRA only allows for declarations of incompatibility
        • The courts rarely challenge legislation
        • In 2020, seven decisions were reversed to be more kind towards the govt
        • Freedom of Info Act doesn't prevent authorities from trying to get around the Act
      • Incomplete reform
        • Lords reform has stalled, the house is not yet fully elected or democratic and 92 hereditary peers remain

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