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Constitution - Coggle Diagram

- - - - Reforms were introduced to create metro-mayors in cities and there were some increased powers for the city councils.
      - London recived larger powers with the recreation of the London Assembly and London Mayor.
      - City devolution reduced centralistion as it increased powers to sub-national government.
      - However, powers were very limitted.
    - - This was introduced to solve the West Lothian question which was the problem that Scotish MPs could vote in laws that only applied to England, but not vice versa.
      - This was repealled in 2022 as SNP MPs complained it created classes of MPs.
  - - - The UK government passes the 1998 Scotland Act that recreated the Scotish parliament after the government won the 1997 Scotish Devolution referendum (with 74% of people in favour of devolution).
        
        Powers granted
        
        Power of health
        
        Power over education
        
        Power over roads and public transport
        
        Power over criminal and civil law
        
        Power over policing
        
        Power over local authority
        
        Powers to increase or deacrease income tax by 3%
        
        Hollyrood (Scotish Parliament) was also to be elected by AMS therefore introducing increased proportionality to the elections.
      - Further powers were granted to Scotland when they rejected independence. During the referendum it was agreed that if Scotland voted to remain in the union it would gain certain extra powers. This led to the passing of the Scotland Act 2016.
        
        Powers granted
        
        Greater legislative powers
        
        Regulation of the energy sector in Scotland
        
        Increased power over wealthere services such as housing and disabilities.
        
        Half the recipts of VAT (from Scotland). -- Greater financial powers
        
        Full control over the rate and spending of income tax. -- Greater financial powers
        
        Control over air passenger duty. -- Greater financial powers
        
        Some business tax. -- Greater financial powers
  - - - In 1997 (just like in Scotland) a referendum was held to grant Wales devolved powers, however, the government won by only a very narrow margin of 50.5% with a turnout of 50%.
        
        Low support meant Wales got less powers.
        
        Powers granted
        
        Health
        
        Education
        
        Local authority services (finacially supported by government grants)
        
        Public transport
        
        Agriculture
      - In 2014 a seccond referendum was held to further the expansion of powers to the Welsh assembly, this referendum supported further powers with a vote of 63.5% in favour.
        
        This led to the introduction of the 2014 Government of Wales Act.
        
        Powers granted
        
        Increased tax powers to the value of £3bn. -- Greater financial powers
        
        Powers over business tax, stamp duty and landfill taxes -- Greater financial powers
        
        Increased borrowing powers for major investments. -- Greater financial power
      - In 2017 the Government of Wales Act was passed granting Wales new constitutional powers in regards to naming and electoral systems.
        
        In 2020 these new powers were used to change the name of the Welsh Assembly to the Welsh Parliament (Senedd) and granting voting to 16 and 17 year olds.
  - - - Devolution was reintroduced to Northern Ireland through the Good Friday Agreement (which was pased by referendum with a turnout of over 80%).
        
        Good Friday Agreement
        
        The assemebly had to be elected through PR so as to ensure full representation of both unionist and republican groups.
        
        Power sharing was established where the largest unionist and largest republican parties had to be in government.
        
        However, the success of power sharing is debatable as Northern Ireland has spent almost 500 days without a government.
        
        Powers granted
        
        Passage of laws not reserved to Westminister.
        
        Education administration.
        
        Healthcare.
        
        Transport.
        
        Policing.
        
        Agricluture.
        
        Funding of the arts -- granted so that the executive can balance cultural demands of both groups.
      - Brexit
        
        This has created significant problems within Northern Ireland. The final deal Borris Johnson made with the EU established a border within the Irish Sea with goods being checked they comply with EU laws when entering NI. To the DUP this was unacetpable as it meant seperating Northern Ireland from the union, this is the reason for the government currently being disolved. Attempts to fix this problem were made with the Windsor Agreement inwhich the EU agreed to let goods that could be trusted were only going to Northern Ireland go through without a check. However the DUP has yet to agree to this deal and renter governemnt.
- - - - England remains unrepresented.
      - Devolved powers in Scotland remain highly centralised with minimal local government power.
      - Northern Ireland hasn't had a government in nearly 500 days.
    - - Devolution in Northern Ireland has ended.
      - There has been increased local representation.
  - - - Many argue that reforms need to be made to Westminister.
    - - The quasi-federal nature of UK politics means that different electoral systems can be used at different levels of governent creating multiple layers of representation.
  - - - Most of the herridtary peers have been removed.
      - Further reform could create problems such as in the US where different Houses have different parties in control, creating deadlock.
    - - There are still 92 heridtary peers.
      - Its not a technocratic house as some may argue as appointments are mostly party political (only 22% of peers are crossbenchers).
      - Lacks a democratic mandate as it has not be elected.
  - - - Ensures legal protection of Human Rights.
      - Reduces power of the executive through judical review.
      - Provides a protection of rights without overiding parlianetry soverignty.
    - - Is not entrenched and there is nothing stopping parliament encroaching on Human rights.
      - Judical review is incrediably weak.
  - - - Codification would educate the public about constitutional issues and make it much easier to understand that basic laws that govern them and the government.
      - Entrenchment would protect rights from short term changes without preventing reforms down the line.
      - An effective judicary would provide a genuine check of legislative and executive powers meaning that they could not operate with immunity, this would reduce the powers of the elected dictatorship.
    - - There is no public demand for a written constitution and the process would be lengthy, drawn out process that would take time, cost money and the reforms would be very hard to gain a consensus on.
      - An unentrenched constitution enables greater flexiability to protect rights as governments can quickly change with the times, for example New Labour were able to pass the Equal Rights Act, but similar consitutional reforms in the US have failed (Equal Rights Amendment).
      - Furthering the powers of the judicary would be increasing the power of unelected officals to govern and control the actions of the executive and legislature (who have democractic mandates).
- - - - Referendums and entrenchment:
        
        Some have argued that the use of referendums leads to an entrechment of constitutional reforms, because the referendums are politically binding. However, referendums do not legally entrench a decision.
    - - Unitary constitutions are where the powers are centralised in one area and this means there is minimal local governence.
      - Federal constitutions are where power is spread between both central and regional authorities (like the US).
      - The UK is said to be quasi-federal as power is deveolved out to regional governments, but in the end all power is held by parliament.
  - - - Statue law -- this is any legislation passed by an act of parliament.
      - Examples
        
        Eqaul Franchiese Act 1928.
        
        Human Rights Act 1998.
    - - Conventions -- these are princples and process that infleunce the constitution, but have never been legislated on.
      - Examples
        
        The Salisbury Convention -- this is the covnetion that the House of Lords will not block manifesto comitments.
        
        Collective responsibility -- this is the convention that cabinet ministers will support cabinet decisions in public or resign.
    - - Works of authoritiy -- these are works of writing that guide parliamentry and cabinet practices.
      - Examples
        
        Ministerial code.
    - - Common law -- these are constitutional laws that have been created through rulings of the judicary.
      - Examples
        
        Habbuis Corpus (inocent till proven quility).
        
        Right to free movement.
    - - Tradiation -- this is any practise that has been going on for a prolonged period of time.
      - Examples
        
        Royal perrogative -- the idea that all laws are still signed by the king.
  - - - The Great Reform Act 1832 marked the real start of the desire to reform the system instead of overthrowing it as this reform moderatly expanded the franchise.
- - - - Democratistion
      - Decentralistion
      - Stronger protection of rights
      - Modernistation
        
        There was a wish to bring the UK into line with many other western democracies.
    - - House of Lords reform (1999 House of Lords Act)
        
        Revoked the right of all, but 92 of the herridtary peers.
        
        Failures
        
        1999 House of Lords Act was orriganally planned to create an elected House of Lords.
        
        Failed to remove all of the herridtary peers from the House of Lords.
      - Electoral reform
        
        Electoral reform was introduced to European Elections and devolved powers elections.
        
        Failures
        
        Despite recomendations and promises to reform the electoral system in Westminister New Labour's electoral success made them drop it.
      - Devolution
        
        Between 1997 and 1998 referendums in Scotland, Wales and Northern Ireland created regional assembilies.
        
        Failures
        
        Created the West Lothian question which was the fact that an MP for Scotland could vote for laws that only applied for England, but not vice versa.
        
        Barnett formula was used to grant money to each region based on population, but currently gives more funding to the develoved powers. England reciveves around £2,000 less in per capitia funding then Northern Ireland.
        
        Attempts to introduce devolution to parts of England were scrapped after the defeat of a referendum to create a develoved power in the North East.
      - Human Rights (1998 Human Rights Act)
        
        This incorpated the European Convention on Human Rights into UK statue law, this solidify the rights granted by the ECHR.
        
        Failures
        
        Judges can't stop laws and instead can only issue decelerations of incompatability, however, these could be overuled by UK parliament.
        
        Questions over whether this breaches parliamentry soverignty because all future statue law was meant to be compatable with the HRA 1998.
      - Supreme Court (2005 Constitutional Reform Act)
        
        Created an independent judicary which could check over the actions of the executive and the legisalation passed by parliament.
        
        Supported the seperation of powers as the Law Lords were moved into the Middlesex Guildhall.
        
        Failures
        
        Has powers to question democraticlly elected officals in their passing of legisaltion (deos this infringe on democracy?).
        
        Lacks powers to prevent laws that breach the HRA from passing.
        
        Has the powers of judical review and ultra-vires.
  - - - House of Lords and House of Commons boundary changes
        
        Plans
        
        As part of the coalition agreement it was agreed that the House of Lords would become elected (under demands from the Lib Dems) and a reduction in the number of seats in the HoC to 600 (to reduce differences in seat populations, under demand of the Tories).
        
        Failures
        
        91 Conservative backbench MPs voted against the proposal for the elected second chamber and in response the Lib Dems voted down the Conservative boundary changes (which are thought to have favoured the Conservatives).
      - Electoral reform
        
        Plans
        
        In May 2011 a referendum was held on adopting the electoral system AV the reform was backed by the Lib Dems, but opposed by Labour and the Tories.
        
        Failures
        
        The reforms were defeated in the referendum with 68% of people voting against.
        
        The Lib Dems had supported the adoption for STV, but had to accept AV.
      - Rights
        
        The Lib Dems and Conservatives had differeing views on this issue with the Conservatives wanting to introduce a 'British Bill of Rights'. No reforms have been made to the HRA yet.
      - Devolution
        
        Further devolution was introduced through a 2011 referendum in Wales and after both a statue law in 2012 and after the 2014 independence referednum Scotland recieved more powers.
        
        Failures
        
        There were attempts to reform the West Lothian question through the introduction of English Votes for English Laws (EVEL) in 2015 and although this did solve the issue discontent among SNP MPs, who claimed it created seccond class MPs, it was repealled in 2021.
      - Fixed Term Parliament Act (2011)
        
        Introduced by the coalition government this removed the PMs histroric power to call a snap election whenever they wanted, instead they had seek 2/3 support from the House of Commons.
        
        Failures
        
        The Fixed Term Parliament Act (2011) was repealled in 2022.
        
        During the time it was in law 2 elections have been called using it (2017 and 2019) as opposition MPs didn't want to appear to be affraid of facing the electorate.
      - Reform to the House of Commons
        
        Reforms were made to the selection of chairs for the HoC Select Committees that saw them be elected by the members of the committee and not party leaders. This reduced executive control over the committees.
        
        Failures
        
        Select committees have minimal power to amend legislation.
      - Recall of MPs Act (2015)
        
        This enabled people in a consiteucny to recall their MP if 10% of the constitutents signed a recall petition. This petition would be sent out for an MP recieved a custodial sentance or was suspended from the House of Commons for 21 days.
        
        Failure
        
        It is very rare for this to occur and it is not uncommon for MPs to be suspended for 1 day less then the time required for a Recall Petition.
        
        Has only be used 3 times and only 2 of those petitions were succesful.
        
        Examples:
        
        Christopher Davis (Conservative) was recalled after being found guily of providing false or misleading expensises claims. Lib Dems won the bielection. 2019
        
        Fiona Onsananya (suspended from Labour) was recalled after recieving a custodial sentance of less then a year. Labour won the election. 2019