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The Constitution (Origins (Magna Carta Signed in 1215 between King John…
The Constitution
Codified vs Uncodified
The US constitution is codified, meaning it is written down.
The UK constitution is therefore uncodified as it is not written down in one piece of legislature
Entrenched Rights are rights which are explicitly protected by the Constitution. Therefore the UK constitution is not able to protect minority rights if more than 50% of the legislature are not in favour.
It is much harder for America to make amendments to their constitution because it is codified (issues regarding gun laws)
Origins
Magna Carta Signed in 1215 between King John and rebel barons. Stated that no one should be deprived of liberty or property without due process of law.
Bill of Rights Passed in 1689 in reaction to the arbitrary rule of King James II. This bill included provisions for regular parliaments, free elections and freedom of speech within parliament.
The Act of Union Decided in 1707 and united the Parliaments of England and Scotland to one based in Westminster. This remained until 1997 and the establishment of a Scottish Parliament
Parliament Acts Reduced the power of House of Lords. The 1911 act affirmed that Lords could not delay money bills, and all other bills could only be delayed for up to two years. 1949 Bill reduced this time to only one year
European Communities Act Passed under Heath's Conservative government, and took Britain into the EU. This meant that EU law would overrule UK law.
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Impact of Brexit
Positive:
- Britain given full control of borders, allowing it to control immigration
- Gives the UK the chance to be more competitive regarding trade as they can make their own deals
- More freedoms for British farmers, fishermen and small businesses
- UK would regain full control of the courts
Negative
- The EU had provided many rights to protect workers, such as maternity leave and guaranteed holiday pay
- Government could potentially be given Henry VIII clauses, which may mean less scrutiny of their actions.
- Devolved powers don't have to be consulted during legal changes
Human Rights Act 1998
Came into effect in 2001 and incorporated he European Convention on Human Rights into UK law. This was a major constitutional reform which symbolised a shift towards being in favour of a codified constitution.
British Citizens can now access the European Convention much easier. It has widened the capacity of the judiciary to protect civil liberties but not introduced new rights
Not an entrenched bill of rights and can therefore not be used to overturn an act of Parliament. Parliament therefore remains sovereign
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Devolution
London and English Regions The mayor and assembly can set a budget for making new policies for specific areas to try and improve them.
Wales Has no tax-raising powers however following the Government of Wales Act in 2006, the assembly was permitted to pass legislation, with permission from Westminster
Scotland Founded in 1999 and uses the AMS voting system. They are able to pass primary legislation, determine the level of income tax and form committees however they cannot pass legislation which conflicts with EU or UK law.
Northern Ireland Devolution was established following the 1998 Good Friday Agreement which hoped to bring together the Nationalists and Unionists. The assembly uses STV but there have been many disagreements and very few successful elections
Case for Reform
NO
The West Lothian Question isn't a major problem and Scottish MPs have rarely made a major decision. English votes for English laws needs a chance to work properly
England is too large, devolution would be too hard to control and create too much of a divide between nations. It would also take away from Parliamentary Sovereignty
Mayors must first have a chance to establish their legitimacy and achieving a good electoral turnout, which hasn't been very high so far. Setting up more metro-mayors would also require a large budget
YES
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Six metro mayors have already successfully been created and elected, and creating more could devolve further powers
England needs further representation when debating England only issues, particularly considering over 80% of UK people live in England