Argument on reform

• How it has developed

  • Successes include devolution and reform of the judicial system
  • Devolution has been successful and supported in Scotland and Wales, whilst devolution has helped to ensure peace in Northern Ireland
  • Regional devolution has led to power being decentralised
  • The 2005 Constitutional Reform Act established a Supreme Court which is independent of parliament and the government
  • Fixed-term elections have meant a check on the power of the executive and prevented the prime minister from calling a 'snap' election to gain a political advantage over others
  • Proportional representation is used for elections to devolved assemblies, which has improved the representation of voters
• Human rights act


  • The 1998 Human Rights Act (HRA) incorporated the European Convention on Human Rights (ECHR) into UK law
  • The freedoms contained in the ECHR include the freedoms to life, to a fair trial, of expression and from discrimination among many others
  • The ECHR requires states to hold free and fair elections, abolish the death penalty, preserve family life and give foreigners the same rights as all citizens in a state
  • The Human Rights Act (HRA) means that any public body cannot act in a way that would break with the convention and that the judiciary must make rulings that are compatible with it
  • The Supreme Court can strike down secondary legislation that is incompatible with the HRA, but for primary legislation they can only issue a 'Doctrine of Incompatibility' urging parliament to change the statute, this is due to the principle of parliamentary sovereignty
  • The fundamental rights of all British Citizens are very clearly laid out in one easily accessible piece of legislation
  • There was an 8-fold increase in the number of human rights cases and claims brought to the high court after the Human Rights Act was passed
• Voting and representation


  • The Electoral Reform Society proposed in Reviving the Health of Our Democracy in 2013 that the UK's constitutional arrangements should be redesigned to achieve fair representation, active participation and engagement, and good governance
  • Many of the proposed modifications have been piloted, such as making voter registration easier, reducing the voting age to sixteen, expanding electronic democracy, and making candidate selection more open
  • The 2011 referendum's rejection of the Alternative Vote (AV) system suggests that the public is not in favor of the reform's expansion to Westminster
  • First Past the Post (FPTP) maintains the connection between Members of Parliament and their constituents and typically results in strong governments with a clear mandate
  • Although the FPTP system is widely acknowledged as unfair, no real reforms have been implemented since the 2011 alternative vote (AV)
  • Despite the success of these reforms, the public remains dissatisfied with the current electoral system
• Some Conservatives resent the link to the European Court of Human Rights at Strasbourg


  They want to replace the HRA with a British Bill of Rights that defines certain rights more narrowly
• Despite the HRA


  • It is possible for the government to restrict the human rights of individuals
  • In 2005 the government introduced control orders, allowing the authorities to restrict the movements of suspected terrorists
  • They simply had to declare an exemption from Article 5 of the HRA for those who fall under suspicion
• Adaptability of the constitution

  • It has allowed it to evolve gradually over time and it has been able to change without parliamentary supermajorities, or referendums, due to pragmatic reforms
  • The UK constitution is unentrenched therefore in order to change it, all that needs to be passed is an act of parliament meaning that the UK can adapt to changing circumstances
  • An example being the Immigration Act of 2016 which saw sanctions placed on illegal working and new measures for ease in enforcing immigration laws in response to the growing number of illegal migrants coming into the UK at the time
• Strong government


  • The party in power has significant control over the legislative process in the House of Commons, and the cabinet is affiliated with this governing party
  • Our electoral system and fusion of powers means that the government is therefore able to implement its manifesto promises they made to voters easily with a majority
  • An example being the majority Conservative government in 2015 which was able to hold a referendum on Britain's membership of the EU despite opposition
• Accountability


  • Government is accountable for both parliament's actions and the wider electorate
  • Collective responsibility means that parliament can force the resignation of the government, individual ministerial responsibility means that ministers are held to account for their actions
  • Under the current two-party system, voters choose between two main parties which alternate government
  • In January 2019, a motion of no confidence was tabled, the opposition, led by Labour leader Jeremy Corbyn led the motion against Theresa May's Conservative government after they lost a Commons vote for May's EU withdrawal deal
• The constitution needs reform
• Criticisms of the traditional constitution


  • It is far too outdated and inefficient, many key elements date back to medieval times such as the rule of law which was born out of the Magna Carta, signed in 1215
  • The House of Lords can also be considered as an element of the pre-democratic era, coming from the idea of medieval barons as most are hereditary and all are unelected
  • Critics say that because of how outdated the constitution is, it would be impossible to say that it is adaptable to modern issues we are currently facing
• Concentration of power


  • Due to a centralisation of power, we could see an elective dictatorship, first coined by Lord Hailsham
  • By concentrating power in the executive, it means the government basically has a dictatorship to shape the constitution itself and decisions are not taken close to the people
  • The uncodified constitution and parliamentary sovereignty means that principles of the rule of law are not safe
  • A government with a large majority can pass laws however they please, undermining civil liberties
• Lack of clarity


  • The uncodified nature of the constitution creates confusion around constitutional rules
  • It is difficult to decipher and can be interpreted, meaning it is sometimes difficult to decide whether government has acted unconstitutionally
  • Parliament has ultimate authority over the constitution and government can use its control of the legislature to pass new Acts in their favour when their actions are deemed unconstitutional
  • This undermines accountability as parliament can change laws as it is ultimately sovereign
  • The lack of clarity also leads to a weak protection of rights, the rights of citizens are poorly defined and individual rights aren't written down, thus having no legal backing
  • The Human Rights Act of 1988 has defined rights more clearly but is not as effective as a legal document such as the Bill of Rights which is written down in a single document