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Topic One: The UK Constitution - Coggle Diagram
Topic One: The UK Constitution
Codified and entrenched
protect rights and freedoms
for
if entrenched it gives more protection over rights as any changes need a supermajority
provides more clarity on rights
conservatives want to replace the HRA with the British Bill of Rights
Serious Organised Crime and Police Act 2005 highlighted a restricted right to protest
Counter-terrorism and security Act 2015 restricted freedom of speech
against
codified can become fossilised such as the 2nd amendment 'right to bear arms' can only be changed by means of another constitutional amendment
rights are already well protected (HRA, Equality Act, Freedom of Information Act)
Harder to incorporate new rights (women's rights aren't explicitly protected in the US constitution)
Much of the historic constitution is written, with acts of parliament and works of authority providing clear guidelines, few codified constitutions are self explanatory and they require extensive incorporation
a more effective judiciary
for
they could strike down legislation that violates the constitution
This would add an extra layer of protection to our rights which would equate to a further check on parliament
an entrenched + codified constitution would lead to a more powerful judiciary, have a bigger role interpreting and enforcing the constitution
against
judges are unelected which is undemocratic
undermining parliamentary sovereignty and another body allowed to scrap legislation
the power of America's SC is very controversial
important political issues could well be judged on by representatives that don't represent the people
check and balance on executive power
against
reforms since 1997 can be seen as evidence of the ability to absorb change
in 1960s parliament could quickly legislate to legalise homosexuality and abortion without the need for a drawn out constitutional amendment process
allows greater flexibility able to adapt to political and social changes
single sex marriage and trans rights have been recognised in parliamentary statute
quicker to respond to new situations when unentrenched, like COVID lockdown or terrorist attacks
for
investigatory powers act 2016 - government becoming an 'elective dictatorship' Lord Hailsham
clears up uncertainties in the powers of executive, circumstances which ministers should resign (conventions)
no change without super majority
prevents constitutional changes for political reasons, for example: House of Lords reform, Brexit vote to take UKIP votes away
Devolution
constitution reforms
electoral reform
for
against
devolution
against
North East assembly referendum failed, exploring the lack of desire for devolved English bodies
Despite designing to reduce independence desire, the Scottish Parliament held the 2014 Scottish referendum and received a 45-55 split, which highlights the want for more independence and the failure of devolution aims
Northern Irish assembly has been suspended more than functioning, exploring its failures
created the West Lothian question (although it is later solved)
for
1997:
devolved bodies for Scotland, Wales and NI following referendums in 1997 and 1998 were created, and still remain (whether functioning effectively or not) today
they were designed to reduce support for SNP independence and bring together conflicting Unionist and nationalist of Northern Ireland
2010:
2015 English Votes for English Laws, solving the West Lothian Question
2012 Scotland Act gave more financial powers for Scotland
20 key areas of policy giving more power to Wales (2011 Wales Act)
institutional reform
for
against