All posts filed under: Constitution

Does Parliament still remain sovereign?

Parliament is seen as the sovereign body because it has absolute and unlimited legal authority, reflected in its ability to make, amend and repeal any laws it wishes. However, there are doubts about the accuracy and continuing relevance of parliamentary sovereignty to reasons such as the joining to the EU, devolution and the implantation of the Human Rights Act.

Is the UK constitution no longer fit for its purpose?

The constitution is a set of rules by which a country is run, it establishes the distribution of power within a political system, relationships between political institutions, the limits of government jurisdiction and the rights of citizens. However, these functions have been criticised and it could now be said that the UK constitution specifically is no longer fit for its purpose.

How has the UK constitution been challenged since 2010?

How does the House of Commons respond when there is a challenge to Britain’s uncodified constitution? First we look at the prospect of Scottish Independence in September 2014. With the real chance of Scottish people voting to leave the United Kingdom, the way that the House of Commons functions might have to change. Politicians and officials throughout Westminster brace themselves for one of the biggest constitutional shifts the country has seen. The next example is a new law proposed by the government called the ‘Recall Bill’. It allows for MPs to be sacked by their constituents for serious wrongdoing. Conservative MP Zac Goldsmith thinks it doesn’t go far enough and we follow him as he tries to get enough support to challenge the government. What do his proposals mean for democracy? Does it give voters more direct influence on their MP? Or does it make MPs vulnerable to business and lobbying interests? We follow the story right up to the crucial vote in the House of Commons.

Have attempts at constitutional reforms in recent years been driven more by political considerations?

Over the recent years many attempts to reform Britain’s uncodified constitution has been motivated by political reasons, what could be termed low politics. While previous reforms can be, arguably, more aimed at creating a more democratic and codified constitution, most reforms have been nothing more than political tactics to win votes and solidify power. Blair’s Human Rights Act, judicial reform and Freedom of Information Act can be used as examples of constitutional reform aimed at creating a clearer codified constitution that outlines British citizen’s rights, creates a more independent judiciary as well as improving civil liberties. However, these reforms did not go far enough and Cameron’s proposal for boundary changes and further devolution to Northern cities are no more than political strategies to consolidate power. Therefore, attempts at constitutional reform in recent years have been driven more by political considerations than a want for genuine reform.

To what extent have government proposals to reform the constitution been controversial?

In 2011 the coalition introduced the fixed term parliament act as a result of the Coalition agreement,  which in effect meant UK elections are now fixed to the first week in May every five years. This was welcomed by the LibDems, Labour and some Conservatives as the previous system was seen as giving an advantage to the Prime Minister who could call an election at the most advantageous time for them (as was the case under Blair where he called elections in 2001 and 2005, four years into his first and second terms and famously in 2007 when Brown flinched from calling an early election which he would probably have won). The old system would also mean there was always a period of uncertainty as to when an election would be called, this was seen to be bad for economic decision making. However there has also been criticisms to the new reform, some have argued that knowing the date a long time in advance will lead to longer election campaigns, a lack of flexibility and the possibility …

Tories plan to scrap the Human Rights Act

The Conservatives plan to scrap the Human rights Act After World War Two the European Convention of Human Rights was created to prohibit any breach of our basic human rights. This was a convention signed by European countries, so in order for it to be enforced you had to take the long road to Strasbourg for a decision to be made. The Human Rights Act was passed in 1998 so the UK could clarify and safeguard the rights of its people through bringing the ECHR on UK statute. Examples of these rights include the right to life and the right to a fair trial. Theresa May vowed to scrap the Human Rights Act back in September should the Tories win the next general election. The Home Secretary also spoke of a new Immigration Bill that would allow an easier deportation if there was no risk of serious harm to the deportee. It is understood that this is a reaction to the extensive effort to deport hate preacher Abu Qatada. Considering the consequences, Theresa May confirmed …

The Timeline of the UK’s Uncodified Constitution

Timeline of the UK’s constitutional changes The role of a constitution is to organise, distribute and regulate state power. By doing so, the constitution creates the structure of the state and sets out the principles of governing for the state’s citizens, whilst also outlining the role of government. Britain is unusual in that it has an ‘unwritten’ constitution. Unlike the great majority of countries, such as the USA, there is no single legal document which sets out in one place the fundamental laws outlining how the state works. Thus, Britain’s lack of a ‘written’ constitution is often explained via its history. In other countries, many of whom have experienced revolution (E.G. France) or regime change, it has been necessary to start from scratch or begin from first principles, constructing new state institutions and defining in detail their relations with each other and their citizens. The British Constitution has evolved over a long period of time, reflecting the relative stability of the British Government. Britain has never truly been close to a written constitution, although the …

Weekly Parliament Roundup:4th-11th December 2013

Parliament Roundup: 4/12/13-11/12/13 MPs to receive 11% pay rise: Click for a video explanation IPSA(Independent Parliament Standards Authority) have recently proposed to provide MPs with a pay rise of 11% which will increase their salary to £74,000. They have stated that there will be changes to the pension scheme which will save tax payer 2.5 billion pounds if the rise is to take place. Even though this might be seen as a great thing for the MPs, lots of them are scared to state publicly that they think it is a good idea. The main issue with this proposal is that it might be the wrong time to make such high rises in MP’s salaries when other public sectors are facing difficult freezes. However, of this proposal is to go ahead, it will take legislation in 2015 to stop this from occurring. The public might not like the sound of the proposal at first because many might feel that the MPs don’t deserve such a high pay rise as they have failed to improve costs …

Weekly Parliament Roundup: 6th-13th November 2013

Weekly Parliament review – 6th -13th November 2013 Commonwealth Summit Prime Minister David Cameron will still attend the Commonwealth Summit in Sri Lanka despite India and Canada boycotting the event. There have been calls for the PM to boycott the event, especially from Labour members who proposed that they would strongly support the Prime Minister if reversed his decision to attend. On the other hand, Foreign Secretary William Hague stated that if the Prime Minister decided not to attend the summit, it would damage the commonwealth without making any positive change in Sri Lanka. The summit will concern the country’s Human Rights records and Cameron has pledged to put ‘serious questions’ to the Sri Lankan President Mahinda  Rajapaksa  about his regime’s widely condemned Human Rights records and allegations of war crimes against the Tamil minority. Concerns over rise in personal debt in the UK The Conservative member of the Treasury Select Committee Mark Garnier has raised concerns over the level of personal debt in the UK. He recently stated on The World This Weekend on …

Independence, accountability and diversity…too much to ask?

As a report from the House of Lords constitution committee reiterated, the judiciary lacks diversity. This may not have been an unexpected announcement for those in the legal profession; however for the general public it is a unanimous desire for judges to be more representative of society. Peers said that only one in 20 judges is non-white and fewer than one in four is female, and this disparity is undermining the public’s confidence in the courts. Seemingly, an appropriate process of appointment requires a rebalancing between the three main constitutional principles; independence, accountability and diversity. The effects of establishing such a process would expectedly result in the enhancement of democratic legitimacy of the entire system, as well as the authority of the judges and their eminent role in society. Is it too far to propose that there is a diversity deficit in the senior judiciary? Diversity in senior judicial appointments is not simply a desirable goal, but a fundamental constitutional principle. At the very heart of the legitimacy of an independent judiciary are its claims …

Prayer in a Pickle

A ruling following a legal challenge from the National Secular Society this Friday stating that the saying of prayers during Bideford council meetings was unlawful has ignited criticisms from the Communities and Local Government Minister, Eric Pickles. He commented that the judgment was “surprising and disappointing” and he believed that under the Localism Act councils ought to be allowed to say prayers. Podcast: Play in new window | DownloadSubscribe: Apple Podcasts | Android | RSS