constitutional reforms since 2010

• Theme 1: For - brexit

  • brexit most significant change to the uk constitution
  • when britain was member of eu, uk accepted the supremacy of eu law over laws passed by parliament
  • european court of justice and supreme court of justice could strike down laws passed by parliament that contradicted ew law
  • supremacy of eu law confirmed in 1990 factortame case - law lords ruled merchant shipping act 1988 breached eu law
  • after leaving parliament can legislate in almost every area of policy it wants to
  • e.g. illegal immigration bill introduced march 2023
• Theme 1: Against

  • eu only had control over a limited number of area of policy before
  • eu controlled trade, competition policy and customs and tariffs
  • some control over immigration, agriculture, fishing, environmental policy, regional development, social and employment policy and parts of foreign and security policy
  • in all other areas uk parliament was already sovereign when a member of eu including : most taxation, national defence, education, health and social security
• Theme 2: For - further devolution

  • 2011 referendum - 64% voted in favour, wales gained primary legislative control over devolved areas, similar to scotland
  • coalition government set up silk commission leading to 2014 government of wales act - renamed welsh executive, welsh government and gave control over landfill tax and stamp duty
  • 2014 scottish independence referendum - gained more powers
  • scotland act 2016 further powers particularly in areas of tax raising
  • gained control over 50% VAT
  • march 2023 uk gov introduced two trailblazer devolution deals for greater manchester and west midlands
• Theme 2: Against

  • reforms had relatively minor impact
  • increases to scotland and wales seen as marginal
  • true point of constitutional change introduced by new labour 1990s
  • english regional devolution impact was minor as they only have some financial autonomy and administrative control
• Theme 3: For - parliamentary reforms

  • fixed term parliaments act introduced by coalition gov in 2011 removed power of prime minister to call snap election by requiring 2/3 parliamentary support
  • removed prerogative power
  • english vote for english laws 2015 - allowed english mp's to veto any legislation affecting england only and was used for around 1/3 of bills in 2015-17
  • recall of mp's act 2015 - meant if an mp is sentenced to a custodial sentence or is suspended from the commons for more than 21 days a by-election is triggered if at least 10% of constituents sign a recall petition
• Theme 3: Against

  • limited impact on uk constitution
  • fixed term parliaments act was largely ineffective and scrapped by boris johnson in 2022
  • english votes for english laws failed to allow mp's to make their own laws scrapped by johnson in 2021
  • recall mps act seen as limited as it only introduces an element of direct democracy and accountability