UK constitution further reforms

• Theme 1: For entrenchment and codification

  • One key argument is that it is too easy to amend, any statue can be repealed by parliament and changes can occur by simple majority
  • Fixed term parliament act 2011 - arguably passed for short term political reasons in relation to the coalition but could've had far reaching implication, preventing a government with no majority from triggering an election
  • entrenchment protects the constitution
  • example - sub majorities in both chambers of parliament or a referendum could be required before changing the constitution
• theme 1: codified and entrenchment against

  • Flexibility of Britains unCodified constitution has allowed the British system to adapt
  • Constitution has evolved a great deal over the past two centuries, making it a democratic system. Due New labours progressive changes.
  • Labour removed hereditary peers, introduced HRA 1998 - aimed to democratise, modernise, decentralise and further the protection of rights
  • If UK was codified - free of balance of power, US has been criticised for 2nd amendment when there has been multiple school shootings
• Theme 2: for : Constitution offer protection

  • Codification enabled parliament to better check and constrain the executive
  • clearly setting out the powers of different branches
  • Example: House of Lords can become elected, greater power and more legitimacy
  • Supreme Court - can be neutral and arguable best placed to interpret the constitution fairly
  • Uncodified is easily exploited by authoritarian government
  • Election Act 2022 - restrict people from voting
  • Relying on conventions like Boris Johnsons prorogation of parliament
• Theme 2: Against constitution offer protection

  • It offers sufficient protection for democracy
  • conventions aren't entrenched, can be argued that they are very difficult to change
  • Supreme Court ensures they aren't exploited
  • Proroguing parliament in 2019 led to judicial review - government acted ultra vires
  • that if greater checks and balances were introduced to the constitution, very difficult to pass important legislation
  • uncodified nature of the constitution has allowed government to act quickly
  • emergency measures for COVID - 19 - impinged upon human rights
• Theme 3: For Codification and entrenchment better protect human rights

  
  

  • It better protects human rights in the UK, potentially by introducing a new British bill that would be entrenched and therefore couldn't be infringed
  • Current human rights act doesn't protect rights effectively in the UK as parliamentary sovereignty means that judges can't legally compel parliament
  • Illegal migration bill in 2023 - provisions of the bill would be incompatible with human rights act and international law - but government wanted to proceed
  • Safety of Rwanda Act - considered Rwanda safe
• Theme 3: against Codification and entrenchment better protect human rights

  • Increases the power of unelected, unaccountable and unrepresentative judges to police the constitution
  • parliament has functions and organs that hold each other accountable as is currently the case
  • HRA - provided a robust framework - often claimed UK has developed a rights based culture as all new legislation must be compliant with the act and judges can declare earlier - Joint committee on human rights to scrutinise bills