Politics, Unit 2 – Constitutional Reform

(Green highlighted points show that reform has succeeded, and therefore gone far enough. Blue highlighted points show areas in which aims have not been achieved and thus, reform has not gone far enough. Red highlighted points show that reform has possibly gone too far.)

“Constitutional reform since 1997 has not gone far enough.” Discuss (40)

Introduction

UK Constitution: what is it? What is constitutional reform? What changes have occured so far? What were the aims of these changes?

• An uncodified set of rules and conventions outlining the relationship between government and the governed.
• Any changes/ alterations to these rules.
• Constitutional Reform Act 2005, devolution to Scotland, Wales and N.Ireland, Human Rights Act 1998, Freedom of Information Act 2005.
• Enhance judicial neutrality and independence, increase democratic aspects, increase turnout and party support, protect rights, increase awareness.

The Judiciary

Aims: Increase judicial neutrality and independence.

Depoliticised judiciary- Lord Chancellor no longer head of judiciary, new Appointments Commission, Supreme Court/ removal of Law Lords.

Increased independence as judges no longer selected by PM BUT PM does have a veto over appointments.

Judiciary still funded by Ministry of Justice- not entirely neutral.

Referenda

Aims: Increased use of referenda to increase democracy.

Referenda over: devolved primary legislation powers to Welsh Assembly, AV for Westminster, elected mayors in major cities.

Have increased public say in constitutional issues BUT are not legally binding.

Have incredibly poor turnout- 42% for 5/05/11 AV referendum.

Electoral Reform

Aims: Increase democracy by using a fairer system and increase turnout.

Use STV in N.Ireland elections, AMS in Scotland and Wales.

Turnout to 2011 Scottish Parliament elections was 50.4% constituency, 51.% regional. Turnout to 2001 General Election was 59%, lowest since universal suffrage was introduced. Party membership levels are still declining.

The Human Rights Act

Aims: Protect citizens rights.

Incorporated European Convention on Human Rights into Uk Law.

Allows rights that are not fair? E.g. illegal immigrant who ran over and killed a young girl, but was not deported due to his right to a family.

Contradictory in places- recent troubles over conflicting rights of freedom of speech and right to privacy, resulting in injunction and super-injunction issues.

The Freedom of Information Act

Aims: Ensure ‘Open Government’ and prevention of secretive and ‘dodgy’ policies.

Is it perhaps used by the media merely to ridicule the government rather than for its intended use for increased accountability and for individuals to access necessary information.

Government still has the ‘get-out clause’- it can declare information to be “not in the public interest” and therefore refuse to provide it, such as the Blair-Bush letters requested by the Chilcot Inquiry over the Iraq War.

Devolution

Aims: Increased powers devolved to Scotland, Wales and N.Ireland- more democratic.

Scottish Parliament has taxation powers- can set tax levels to within 3% of Westminster levels.

Some Scots still call for independence, e.g. Scottish National Party.

West Lothian Question- Welsh, N.Irish and Scottish MPs can vote on England only issues, but not the other way round.

Conclusion

• Hard to decide if constitutional reform has gone too far, gone far enough or not yet gone far enough due to the wide range of areas affected.
• E.g. Judicial reform- clearly not gone far enough yet.
• Human Rights Act has arguably gone too far.
• In many areas, it is harder to tell.
• Could be argued that reform will never be complete as uncodified Constitution is always evolving to adapt to needs of citizens.