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The Nature and Sources of the British Constitution, Summary - Coggle…

- - - - In times of political crisis, there have been renewed calls for such a change.
      - For example, during the protracted struggle over Brexit between 2017 and 2019 parliament and the government appeared incapable of finding a way forward despite the various options of a second referendum, a Brexit deal, a no-deal Brexit or calling another elction.
      - There has been much discussion over the years as to whether or not there should be a complete overhaul of the British Constitution, with reformers arguing for a modern, codified constitution.
      - For codification
        
        It would provide greater clarity on what is and what is not constitutional and so lawful.
        
        Removing the vagueness of custom and tradition would represent a desirable modernisation of the political process.
        
        It would provide further and more easily understood rights for all citizens, as the Constitution could entrench key rights as opposed to leaving them to the mercy of parliament.
        
        It could reduce the concentration of power in the hands of the executive.
        
        It would enable local government and the regional assemblies outside England to enjoy proper constitutional protection and permanence.
        
        It would end the process of piecemeal codification such as the Cabinet Manual and the Osmotherly Rules.
        
        Conventions can and are broken.
        
        The UK is one of only three countries not to have a codified constitution.
      - Against codification
        
        The current constitution encourages flexibility and adaptability. Codified constitution constitutions are by nature far more rigid.
        
        Codification would go against the tradition of UK politics, which is one of constitutional evolution not revolution.
        
        Parliament would struggle to come to a consensus on much of the content of a codified constitution.
        
        It would give unaccountable judges greater power, as they would be required to make rulings on what Acts or measures were constitutional. It would also in all likelihood considerably politicise the judiciary.
        
        The issue of education and awareness about the British Constitution is best met by better political education in schools.
        
        There is a marked lack of popular demand for such a reform. The alternative vote referendum of 2011 is a case in point.
        
        It would seriously undermine parliamentary sovereignty, which has served the country's politics well over the centuries.
- - - - The HoL has undergone a substantial transformation since 1997. it is smaller, more diverse and far less Conservative-dominated.
        It is also easier to remove peers for misconduct or non-attendance.
      - The creation of the Supreme Court has enabled a clear separation between the executive and judiciary and given it a sense of corporate identity and a higher public profile.
        Unlike the US Supreme Court it has remained politically neutral.
      - The notion of gender equality has reached even the traditions of the royal family.
    - - Reform of the HoL remains incomplete and unfinished. Further attempts to reform it have come to nothing.
      - The creation of an independent Supreme Court has arguably led to too much power residing with unelected and unaccountable justices and has therefore undermined parliament.
      - The alteration to the line of royal succession is a very minor tweak. It remains illegal for the monarch to be Roman Catholic.
- - - - The UK's constitutional culture values civil liberties. There is formal support of human rights by the government.
      - Current legislation provides a strong legal protection for core rights via the interlinked HRA and European Convention on Human Rights (ECHR) mechanisms.
      - The UK has a relatively strong institutional framework for protecting rights, which extends beyond the courts, including the Equalities and Human Rights Commission, which often brings cases under the Equality Act 2010.
    - - Little political consensus exists between parties as to the actual substance of human rights guarantees. The existing framework of UK legal rights protection is vulnerable to political attack, with Conservative calls for a 'British Bill of Rights'.
      - Brexit is removing the safety net for certain non-discrimination, migrant and labour rights formerly provided by EU law.
      - UK governments have been repeatedly able to introduce and pass legislation diluting rights protection, especially in areas like national security with recent anti-terror laws, and measures that seek to reform immigration and entitlement to social benefits and housing.
      - Social and economic rights, for example to receive appropriate healthcare, are seen by some as poorly established and weakly protected. International human rights law has had a very limited impact in practice on government policy.
- - - - There is greater autonomy in some large cities, and the post of Mayor of London has attracted high-profile incumbents such as Ken Livingstone, Sadiq Khan and Boris Johnson.
      - The reform of European Parliament elections has over the years enabled a greater variety of parties to be represented, including UKIP/Brexit Party and the BNP, along with proportionately more Greens and Liberal Democrats.
      - The direct election of police and crime commissioners (PCCS) has also enhanced opportunities for political participation and local democracy.
    - - While the Mayor of London may be considered a successful reform, in the regions the picture is much more mixed. Where referendums have been held on whether or not to establish mayoral elections, the majority of cities have rejected the proposal.
      - Lack of enthusiasm for reform of the voting system for national elections is shown by the outcome of the 2011 alternative vote referendum.
      - The provisions of the FTPA were easily overcome in both 2017 and 2019 to bring about early general elections.
- - - - Devolution has worked well especially in Scotland and Wales, and the number of powers devolved has increased.
      - Popular support for devolution has also increased.
      - Some argue that it was only a devolved parliament that stopped Scotland backing full separation from the UK in the 2014 independence referendum.
      - In Northern Ireland, the devolution process, although more problematic, has helped to end the violent period known as 'the Troubles'.
    - - Devolution has not succeeded everywhere. In Northern Ireland policy disagreements and a scandal over a failed renewable energy scheme meant that the Assembly was suspended between January 2017 and January 2020.
      - Support for devolution in England itself has not increased. A 2004 proposal to create a North East regional assembly was emphatically rejected by 78% of voters.