Constitution - What Next For Constitutional Reform

Charter 88:

• 348 people mainly from the Liberal and the Social Democrats which was founded after the 1987 election.
• They wanted: Freedom of information, a fair electoral reform system which is proportional, open a second non-heredity chamber, legal remedies for the abuse of power by the state and government and distribution between nations.

Unlock Democracy:

• Founded after Charter 88 went away
• They wanted a codified/written constitution
• They wanted a full separation of power
• They wanted to limit the powers between the central and local government
• They also wanted to review the electoral system.

Active Participation & Engagement:

• Simplifying voter registration: Changed from a household-based system to an individual voter. This has been met with a low turnout.
• Lowering the voting age to 16: 16-year-olds were given the vote in the Scottish Referendum and this was met with a high turnout but this has not yet happened in England and the rest of the UK
• Wider use of e-democracy: Online petitions, citizen assemblies and citizen juries have been trialled
• Opening up candidate selections: Whilst there have been more women in the Houses of Commons, the house has not been radically altered.

Providing Good Governance And Restoring Trust:

• Completing the Lords Reform: The second stage of the House of Lords reform has not been completed. Original idea was that the second chamber was going to be partly elected but this has been done yet despite the public being told this would be done in 1997.
• Modernising the Commons: Some effects to regulate lobbying and reform in 2013, there has been little movement in this. Recall of MP act in 2015 was weaker than the USA counterpart
• Enhancing Local Democracy: Devolved Parliaments have more power but local governments have not enjoyed the kind of support such as the Scottish Parliament in the 2015 General Election manifestos

Delivering Fair Representation:

• Electoral Reform: FPTP is inequitable. No reform since 2011 since Av referendum.
• Redrawing Electoral Districts: Boundary commissions are going to make the constituency boundaries equal.

Constitution - Conservative Constitution Reform

• Because of the coalition, the Conservatives could only introduce a small number of reforms and much of what they wanted to change was ‘watered down’.

The 5 Worthy/Important Ones:

• Fixed Parliament Act 2011: Established a pattern where a General Election could only be held every 5 years. Removed the ability for a PM to call one at a politically advantageous time. Limits made clear when May called one in May of 2017.
• Scotland Act 2012: Gave Scottish government the power to increase or decrease income tax and also gave more devolved power to Scotland. Can also borrow £2.2 bn per year.
• Protection Of Freedom Act 2012: Coming after the threat of terrorists, this act allows citizens more security protections from the state. More surveillance and data control.
• House Of Lords Reform Act 2014: Aimed at halting the increasing the number of Lords by allowing existing peers the right to retire and some also had to go due to an-attendance.
• Wales Act 2014: More devolution for Wales. Took control of the smaller taxes or some lower level taxes. Changed the name from the Welsh Assembly to the Welsh Government.

English Votes For English Laws:

• Only English MPs should only be able to vote on bills regarding English laws.
• Only used in 2016 when some English constituencies were permitted to the housing bill.

Scotland Act 2016:

• After the 2014 referendum where the vote was close, the UK decided to give more power to the Scottish government so another referendum would not take place
• Devolved institution was granted new powers over taxation, gained control of 50% of VAT
• Scottish government for the first time where responsible for 50% of the money they spend.
• Given legislative power over new areas such as road signs, speed limits and some welfare benefits

Should The UK Have A Codified Constitution?
Yes	No
Protection of rights	We don’t know what to include in it
Limits the power of the state	Becomes entrenched
Author reference points for the courts	Gives judges more power
Greater clarity on what is constitutional and what isn’t.	No agreed process for establishing a codified constitution
Informs people about the values of the political system	Pragmatic addition has worked well
Logical conclusions on constitutional reform	No popular demand for it.

Constitution - New Labour's Constitution Reforms

• New Labour when they came into power in 1997 introduced lots of constitutional reforms

Examples Of The Reform:

• Modernisation: Institutions such as Parliament, the executive and the civil service were using outdated and ineffective procedures that demanded reform.
• Democratisation: Participation in the political process would be encouraged through electoral reform and the greater use of referendums.
• Decentralisation: Decision-making powers would be devolved to new institutions in Scotland and Wales with the role of local government also being enhanced.
• Rights: The rights of citizens would be strengthened and safeguarded.

Areas	Reform
Devolution	Human rights act in 1998 incorporates the European Convention on human rights into UK laws. Freedom of information by public bodies
Electoral Reform	Scottish Parliament with primary legislative and the tax-raising power, the same with NI. Welsh assembly with secondary legislative power. A directed Mayor of London and other English authorities.
Parliamentary Reform	All but the 92 hereditary peers in the Houses of Lords were removed
Judiciary	Reform act in 2005 Changed to the Lord Chancellor System.

Rights:

• Right to life, liberty, fair trial, respect for private and family life, freedom of thought and expression, peaceful expression, right to marry and start a family.
• The HRA requires the government to ensure that legislation is compatible with the EHCR
• Bills are reviewed by lawyers
• Government cannot overturn EHCR law
• UK government can force derogation from Article 5 (Right to liberty and security) is allowed to stop it foreign action is needed (e.g Suspected terrorists).

Devolution:

• Transfer of certain executive and legislative powers from central government to subnational institutions
• Ireland was given this power in 1999 but it was a symmetric devolution where each body had different powers
• Scottish Parliament legislative was given powers across a range of policies aling with tax-waving powers
• West Lothian Question: “Why should Scottish MPs vote in English matters?”
• NI assembly is weaker than Scottish Parliament.
• Turned the UK into a federal state

Regional And Local Government:

• Tony Blair’s government made changes to local government, most notably in the capital where a mayor could be elected
• London Assembly could be created
• Local authorities were obliged to reform political management

Electoral Reform:

• Labour wanted to change from FPTP to AV+ but because FPTP worked for them in 1997 they rejected it however, other aspects of the votes did go through.

Parliamentary Reform:

• Got rid of the all but the 92 heredity peers – this was the first stage.
• The second stage did not go as well as Labour would have wanted to.
• Changes to PMQs were not as convincing
• They did make the following changes though
• Chairs of select committees to be elected by backbenchers
• A backbench business committee to determine the business of the HoCs for 1 day each week
• A petitions committee to select issues for debate that have been suggested by the public via e-petitions.

Judiciary:

• The Constitution reform act in 2005 focused on judicial reform.
• The supreme court become the UK’s highest court which removed the judicial role of the HoLs.
• The Act also reduced the role of the Lord Chancellor removing roles such as Head of the Judiciary.
• Enhanced the separation of power with the Justice Secretary no longer in all three branches of government.

Constitution - Introduction to Sources & Features

• A set of rules and principles written or unwritten, codified or uncodified which exist between various branches of the state – the legislature, the executive and the judiciary. Constitution regulates the relationship between the state and its citizens – between the government and the governed.

How It Works In The UK:

Legislature: Make laws – Parliament, Commons, Lords, Queen

Executive: Implement laws – Government, PM, Cabinet, Civil Service

Judiciary: Enforce laws – Police, courts, army

• If all three are in the hands of one person is known as a tyranny
• Keeping the 3 apart is separation of power
• Fusion of power between the legislature and the executive. Because both the PM and the cabinet are in Parliament.

How It Works In The USA:

Legislature: Make laws – Congress, Senate, Representatives

Executive: Implement laws – President

Judiciary: Enforce laws – Courts

• Designed to create a limited government so one person isn’t too powerful
• Includes a system of checks and balance

The Differences Between Codified & Uncodified Constitutions:

• Codified: A single authoritative document that sets out the law, rules and principles by which a state is governed and which protects the rights of citizens
• Uncodified: A constitution where the laws, rules and principles specify how a state is governed and this is not in a single document instead they are found in a variety of sources – some are written (statute law) and some are unwritten (convention).

Features Of Codified & Uncodified
Codified	Uncodified
Rules and principles governing the state are collected in a single authoritative document	No single authorize document, rules are found in multiple sources, both are written and unwritten
Has the status of fundamental law and is superior to all other law	Have the same status – no hierarchy of laws
It is entrenched, with special procedures for its amendments which makes it hard to change it	Judicial review is limited as there is no single authorize document that judges can use
The courts tend to use the constitution to determine the actions of others	Not entrenched so it can be amended like ordinary law

• Entrenched: Difficult to change (literally dug in) often requiring supermajorities or approval by referendums
• Fundamental Law: Constitution law that is delivery set above regular statue in terms of status and given a degree of protection against a regular law passed by the legislature.

Sources Of UK Constitution:

Statue Law:

• Law created by Parliament.
• Acts of Parliament have to be approved by the Houses Of Commons, the House of Lords and the Monarch.
• Placed on books that they become the force of law. Not all are official acts of Parliament.
• Recent examples include: Human rights act and fixed Parliament act.

Common Law:

• Law derived from general customs or traditions and the decisions of judges
• Senior judges use their power of judicial review to use a position on statiue law
• The government of the day can always overturn such common law by means of an Act of Parliament.
• Can only be unlawful or incompatible with the human right act
• Includes customs and precedents that have accepted that are legally binding

The Royal Prerogative:

• Discretionary powers of the crown that are exercised by government ministers in the monarch’s name.
• Includes the right to: Appoint ministers and choose the PM
• Give Royal Assent to legislation
• Declare war and negotiate treaties
• Held formally by the monarch by now exercised by government ministers in the name of the crown
• Designed to enhance government.
• Monarch has been asked to approve bills relating to these powers
• In 1999, a bill was rejected to sought the transfer to declare way was from the monarch to Parliament.

Conventions:

• Established norms of political behaviour, rooted in the fast experience rather than the law.
• Not codified of legacy enforced
• Adds these conventions to yet another document
• Conventions have authority e.g Royal Assent
• New conventions can be added e.g Brown said the UK government would not declare war without a vote in Parliament.

Features Of UK Constitution:

Parliamentary Sovernity:

• A doctrine that Parliament has absolute legal authority within the state. It has legislation supremacy so they can make any law it chooses on and they cannot be overturned by or on higher authority or bind its successors.

The Rule Of Law:

• A legal theory holding that the relationship between the state and the individual is governed by the law protecting the individual from state action.
• State action is limited and responsible

The Three Main Strands:

• No one can be punished without trial
• No one is above the law and all are subject to the same justice
• The general principles of the constitution like personal freedom result from judicial made common laws rather than Parliament.

What Does This Mean:

• Everyone is equal under the law, those charged under the law are entitled to a fair trial and should be imprisoned without the legal process from taking place
• The courts hold the government ministers, police officers and public officials accountable for there actions if they have acted outside the law
• Laws passed by Parliament must be interpreted and applied by an independent judiciary – free from political interference.
• Citizens can take the government to court if they feel they have threated wrongly.
• This is essentially a feature of liberal democracy, author ParaSou said any effort to overturn these would be seen is illegitimate.

A Unitary State:

• Constitutions can be classified according to whether they concentrate on political power at the centre of the divide between central and regional tiers of government.
• The 4 nations (England, Scotland, Wales & NI) have a higher centralised state in which legal sovereignty is retained by Westminister

In One We Have:

• Subnational institutions do not have autonomous powers that are safeguarded
• Regional governments may be weak or non-existent
• Local governments have little power
• In a federal constitution such as Germany or the USA, power is shared between the nations and the regionals (state). Each tier of government is given specific powers but they cannot abolish any other tier.

Unitary State	Union State	Federal State
Highly centralised state where power is at the centre	A state whose component parts have come together through a union of crowds	A state which the constitution divides decision making between federal and regional.
Central government has ultimate authority	High degree of administrative standardisation, some are separate though.	Different tiers of government are provided by the constitution.
Centre dominates the political economic and cultural areas	Political power is concentrated at the centre but component nations have some degree of autonomy.	Regions within the state have a distinctive political and cultural identity.
All areas of the state are governed in the same way

Parliament Government Under A Constitutional Monarchy:

• Government ministers are legally held accountable under the crown
• Between elections, a government relies on majorities in the Houses of Commons to survive and enact its legislative programme.
• The balance of power has altered between time, the Glorious Revolution of 1689 established the supremacy of Parliament over the monarchy.
• The key conventions of a constitutional monarchy gradually fell into place but the usage of constrained.
• Political parties emerge as the key actors in the conduct of government
• By the 19^th century, A.V.Dicey described the government as a cabinet government as the cabinet make policies.
• Now it is a Prime Ministerial Government as the PM does everything.
• Supporters of traditional constitutional settlement believe that reform should be limited and pragmatic.
• Changes should work rather than overtake it.

Strengths	Weaknesses
Adaptability: Has evolved gradually, the Conservative party think it should be a living body rather than a creation.	Outdated: Some say it is outdated, ineffective and undemocratic.
Strong Government: Strong, single-party government with one party that has most of the governing power in the Houses of Commons	Concertation Of Power: Power is at the centre of and there are few safeguarding of state power. A government with a majority can pass anything they want to which undermines civil liberties.
Accountability: Government should be held accountable by Parliament and the electorate.	Lack of clarity: Creates problem of clarity and interpretation. Not clear if the government has acted against the Constitution. Hard for to alter or change the system.