Constitutions

Created by: Eleri M
Created on: 23-11-18 10:28

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UK Constitution
- Regional and Local Government Reform
  - Local authorities can adapt and cater to needs of people
  - More efficient to run services locally
  - Creates a 'postcode lottery' as different councils run services to different standards
    - DECENTRALISATION
- Devolution
  - Enables policies that meet needs of people at local level
    - DECENTRALISATION
  - Scottish Independence has been revived
    - DECENTRALISATION
- Electoral Reform
  - Made more proportional results in Scottish Elections
  - FPTP delivers clear mandate and strong government
    - DEMOCRATISATION
  - Under-representation of smaller parties
    - DEMOCRATISATION
  - Produces governments with a majority of seats but minority of votes
- Nature of the Constitution
  - Can easily be modified
  - Parliamentary sovereignty is kept
- Human Rights Reform
  - Incorporated European convention on Human Rights into national law.
    - HUMAN RIGHTS
  - Is not entrenched so government can modify it is needed
    - HUMAN RIGHTS
  - Government can take away these rights by majority vote in Parliament
  - Need British Bill of Rights
- House Of Lords Reform
  - It holds the government accountable
    - DEMOCRATISATION
  - an elected chamber would mirror House of Commons and reduce range of experience and knowledge
    - DEMOCRATISATION
  - Lacks democratic legitimacy as members aren't elected
- House of Commons Reform
  - Select committees have become more effective
    - MODERNISATION
  - Lack of government accountability
- Other Countries
  - France
    - 1958
    - Was made after a military coup
      - Parliament was forced to dissolve
    - Amendments are proposed by the president, passed by both houses, then there is a referendum
    - Is a codified constitution
  - Germany
    - 1949
    - Was made after World War II
    - Have a codified constitution
  - USA
    - 1787
    - Was made after America became independent
    - Is a codified constitution
    - Bill of Rights
    - Three branches of government
    - Gun law problems
  - Canada
    - Uncodified Constitution
      - Allows flexibility and easy change
    - The constitution is based on a collection of constitution documents and constitution acts.
- Is Greater Devolution Require
  - Demand for more self-involvement
    - more demand for national governments
    - demand for devolution was over-exaggerated in Wales
  - Involvement
    - Low turnout in devolved bodies in elections
  - Regional Assemblies
    - different parts of UK need different things
    - where do you stop?
  - English Parliament
    - How would it relate to Westminster
    - Would give more equality across UK
    - Worked for other parts of UK
    - Most see Westminster as 'their' Parliament
    - EVEL makes Scottish MPs second-class
      - would be stopped by devolution in England
    - England is 84% of the UK population so would dominate Westminster
  - Was only a short term fix
  - Peace
    - There has been peace in Northern Ireland since
    - the assembly of northern Ireland hasn't sat in 18 months
  - Democratic
    - the government will be closer to the people
    - Taxes might need to be raised in Scotland as they are less prosperous
  - Workload
    - reduces workload on Westminster
    - Creates confusion and increased cost
- Devolution
  - Scottish
    - Was set up in 1999 dues to Scotland Act 1998
    - Uses AMS and FPTP
      - Balances strong government and what the people want
    - Have justice, police and housing powers
    - Later got taxation, borrowing and air weapons powers
    - Has increased sense of nationalism and could lead to break up of UK
      - Scotland leaving EU against its will
  - Welsh
    - granted in 1999 due to 1997 referendum and Wales Act 1998
    - Uses the Additional Member System and FPTP
    - Were given transport, police and education powers
    - had executive /secondary legislative powers
    - Had unequal powers to Scotland and Ireland
    - In 2017 the Wales Act made the system from like Scotland
  - Northern Irish
    - After 1998 Good Friday Agreement
      - Brought Unionists and Nationalists together
    - Uses single transferable vote system
    - Have control of corporation tax, health and social services and education
    - On the short-term was successful as it reduced violence between the sides
    - On the longterm it wasn't successful as there is currently no sitting assembly since 20117
      - Westminster has all the power again due to lack of agreements
- Should the constitution be codified
  - Codification would educate public about constitutional issues
    - promotes greater respect for political institutions
  - would be extremely difficult to find consensus on what to include
    - There is no public demand
    - would entail years of debate and consultation
  - Entrenchment would make it impossible to amend
    - an entrenched bill of rights would provide a stronger protection of individual liberties
  - uncodified constitutions have more flexibility
  - a strong executive provided that it's answerable to parliament can make decisions quickly
    - Would not be possible with a codified constitution
  - Few codified constitutions are self-explanatory
  - with uncodified governments can push boundaries /increase their power.
    - Codified would give greater clarity about rights
  - the executive and parliament could be judged by a clear set of rules
    - increases legitimacy of the political process
  - Unjustified degree of power in hands of unelected
    - codified constitutions challenge parliamentary sovereignty
      - it would bind future parliaments

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Constitutions

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