...To what extent have constitutional reforms introduced since 1997 made the UK more democratic? Since 1997 the UK has seen many constitutional reforms; it is argued about whether or not they have made the UK more democratic, this easy will be going through a few of these reforms and explain how they have effected the UK. The word democracy means a system of government in which all the people are involved in making decisions that effect the country/state, it can further be defined as a government for the people, by the people, of the people, the people of the state can have their say through electoral votes, referendums lobbying or protests. Democracy has many aspects such as decentralisation, accountability, participation, open government and rights protection; decentralisation means the process of distributing or dispersing power away from the central government, an example of this can be seen in the Devolution Act of 1997. Accountability is the act of the government being liable for everything they do; this relates back to the rule of law which states that anybody can be taken to court if they have broken the law including the law makers themselves. Holding the government accountable means that anybody of the public can take the government to court if they have broken the law or if someone feels like an Act has been broken. Open government definitely helps democracy as it means that citizens have the right to access documents and proceedings of the government to allow for...
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...authoritative, highest law of the land. Binds all political institutions – leads to 2 tier legal system ▪ Provisions of it are entrenched, difficult to amend or abolish ▪ It is judiciable, all political bodies are subject to authority of the courts, in particular a supreme court. o Uncodified – increasingly rare, UK one of few ▪ Not authoritative, constitutional laws treated same as ordinary laws ▪ Not entrenched, constitution can be changed through the normal process for enacting statute law. ▪ Not judiciable, judges do not have legal standard to declare that actions of other bodies are constitutional/not constitutional. o However: ▪ No constitution is entirely written, written documents do not encompass all aspects of constitutional practice ▪ No constitution is entirely unwritten, no constitution consisting only of rules of conduct or behaviour. • Unitary and federal o Unitary – establish constitutional supremacy of central government over provincial and local bodies. Reflected in UK via Parliament o Federal – divide sovereignty between 2 levels of government, both central and regional posses a range of powers that the other...
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...Constitutional reform is a process whereby the fundamental nature of the system of government is changed or where a change is proposed. In the UK this may also involve the process of codification. Since 1997 there have been many key reforms that have impacted on the UK whether it makes the country more democratic or even undemocratic. The first reform is the reform of the House of Lords, this was were the voting rights of most hereditary peers were abolished. The Blair government subsequently passed the House of Lords Act 1999, on 7th November 2001 the government undertook a public consultation. This helped to create a public debate on the issue of Lords reform. In 2010 all three main parties promised to take action on the Lords reform in the 2010 general election, this was then followed up by the House Of Lords Reform Bill 2012, however this Bill was abandoned by the Government on 6th August 2012 following opposition from within the Conservative Party. A successful attempt to pursue minor reform of the House was made on 14 May 2014 when the House of Lords Reform Act 2014 gained Royal Assent. The original idea of abolishing voting rights of most hereditary peers, makes the UK less democratic rather than more democratic. This is due to the House Of Lords as a whole being an unelected chamber and therefore makes it undemocratic, however by removing the hereditary rights of some peers makes it less undemocratic as they are born into it at birth and not voted in. So this reform...
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...“How can UK democracy be enhanced?” Democracy is a political system where decisions are made in the interests of the people by decision-makers who are elected, accountable and can be got rid of peacefully. There 2 types of democracy: direct and representative ones. In the UK there is a direct democracy which gives every citizen the right to participate, the opportunity to express their views, thoughts and where voters determine specific policy outcomes. There is a constant debate whether the UK is a truly democratic country or not and to what extent. It is believed that nowadays Britain has a massive issues: the electoral system is totally unfair, there are unelected political members and the lack of parties, Civil Rights are in danger, citizens no longer have a wish to participate in elections, the media is prejudged and, finally, the UK is not representative. This essay will evaluate how to make the Great Britain more democratized. The major point is that there is a low rate of political participation in the UK that might lead to an arbitrary and autocratic government. It is significant element because it makes the government more accountable. There are some ways which can prevent this undemocratic style. Firstly, the UK government can introduce the compulsory voting which is nowadays enhanced in Australia. This method would force citizens to affect the outcomes of elections and make them more politically aware of issues. The second way is to increase the use of referendums...
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.......... 6 II. Neutral and Worthwhile Political Role………………………………............................................... 7 III. Uniting and Stabilizing the Nationality……………...……………….............................................. 7 B. Weaknesses…………………………………………………………………………………………………………… 8 I. An Obsolete and Non-democratic Institution………...……………………………………………... 8 II. Obstructing the Future Development of the Britain…….………………………………………. 8 III. Expensive……………………………………………...…………………………………………………………. 9 6. Comparison to American Head of State…………………………………………………………………… 11 7. Recommendation……………………………………………..……………………………………………………. 11 8. Conclusion…………………………………………………………………………………………………………….. 12 9. References……………………………………………..……………………………………………………………… 14 1. Introduction Monarchy was the primary government form for a majority of European countries before 1914 (Bogdanor, 1995). However, in modern Europe, few countries retain the monarchies. The United Kingdom, as one of the most developed countries, still maintains the position of monarch as the head of state. Today’s British monarchy, which is also called a Constitutional Monarchy, is quite different from the past ‘absolute monarchy’. “The monarchical shell remains intact, but the inner workings have been taken over by party political leaders,” says Norton (2007). In the past, the monarch...
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...Labour and Constitutional Reform ✓ Labour’s Reforms ✓ The Changing Constitution ✓ Party Views and Manifestoes ✓ Assessment and Evaluation ✓ Evidence 1. Labour’s Reforms o The constitutional reforms initiated by the Labour Government elected in 1997 together promise to transform the institutional structure of the United Kingdom. ▪ The Scottish Parliament and the Welsh Assembly are the most tangible signs of this transformation but other constitutional reforms are either in being or well under way …… ▪ including the Human Rights Act of 1998 (incorporating the European Convention on Human Rights), ▪ a directly-elected mayor and assembly for London, ▪ a reformed House of Lords ▪ and Freedom of Information legislation. ▪ Although reform of the electoral system for Westminster now seems a somewhat distant prospect, the 1999 elections to the Welsh Assembly, to the Scottish Parliament and to the European Parliament were all conducted using electoral systems very different from the traditional first-past-the-post method. ▪ Referendums have been widely used, and more promised o Lecture by the Lord Chancellor, Lord Irvine of Lairg, to the Constitution Unit, Westminster. 8 December 1998 o No other Government this century has embarked upon so significant or wide-ranging a programme of constitutional reform as the New Labour Government...
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...Authority = the right to exercise power (based on the consent of those being ruled) * E.g - Legal/rational – HOC * E.g – Traditional – HOL Modern democracies have: Political tolerance Peaceful transition of power Free, fair and regular elections The government is accountable to the people The rule of law Freedom of the media Modern democracies have: Political tolerance Peaceful transition of power Free, fair and regular elections The government is accountable to the people The rule of law Freedom of the media What makes a government legitimate? * Referendums (‘Yes’ answers) * High turnout * Free, fair and regular elections * Lack of dissent * Displays of public support How legitimate is the UK? Legitimate | Not legitimate | * House of Commons is elected | * Electoral system unfair and distorts political representation (FPTP) | * Government elected with mandate to govern | * Every government elected has only achieved the minority of the popular vote | * House of Lords has traditional authority and political influence is widely recognised | * House of Lords members are not elected and so do not have the people’s consent | Direct democracy: * The people themselves directly make the important decisions which affect them * The people are directly consulted on political decisions * Action taken by the people shapes political decisions (via protests, e-petitions,...
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...also several advantages to an uncodified constitution, for example its flexibility. When considering codification of the constitution, the following must be considered. A codified constitution would protect the rights of the citizen against the state. At the moment there is the Human Rights Act of 1998 which, in theory, does this already. But as Parliament is sovereign, in can essentially find a way around, or even repeal, this act thus making it unfit for purpose. In 2004 nine men, accused of terrorism, were held without charge (a violation of The Human Rights Act), the men took this case to the House of Lords where it was deemed to be unlawful. This was quickly followed by the introduction of the Anti Terror Act in 2005, which then made it legal for suspected (without significant evidence) terrorists to be held for up to 28 days. This act, for all intents and purposes, superseded the Human Rights Act. So what this says is that an uncodified constitution, where Parliament is sovereign, is open to abuse by the Government therefore making the act useless as it does not do what it was designed for and is therefore not fit for purpose. Whereas if there was a Human Rights Act entrenched, as part of a codified constitution where that constitution is sovereign, Parliament would not be able to force citizens into surrendering their civil liberties and therefore the rights of the citizen would be protected by law. This, however, would mean that in a time of a real national security...
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... * Constitutional Reforms – Coalition and 1997-2010 ✓ * What are they? * Are they effective? * PM & Cabinet * Features & Functions of the PM ✓ * What must a politician be to becoming PM * What can a PM do? * Functions of Cabinet ✓ * Factors that affect promotion and resignation of a minister ✓ * Powers and Constraints of PM ✓ * Theories of Executive Power ✓ * PM V Cabinet ✓ * Parliament * Functions of Parliament ✓ * What are they? * How effective are they? * Powers of Parliament ✓ * What are they? * How effective are they? * Parliamentary Reform ✓ * What are they? * How effective are they? * Relationship between Parliament and Government ✓ * Factors that affect it * How the coalition affects it Constitution: 2 Types of Constitution * Codified & Uncodified Codified Constitution * Constitution where the rules are written down in a single document. Example could be the USA. Creates a series of checks and balances for government, and also a separation of powers. Creates entrenchment, and is rigid (difficult to amend), and this prevents the executive from changing the constitution for its own benefit. * Are judiciable, in that being a legal document, the judiciary has the ultimate authority to define the interpretation of constitutional reform. Advantages...
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...House of Commons Most powerful of the two Houses of Parliament. Made up of 650 MPs, each elected in one of 650 constituencies throughout the UK. Almost all MPs are elected as members of a political party. Functions of The House of Commons Representation: MPs represent constituents and may represent 'interests' such as trade unions, or particular professions, provided these interests are declared. Almost all MPs represent political parties, and usually vote according to the party line (the whipping system). Government Personnel: Although parliament does not appoint the government, it provides a forum in which budding ministers can demonstrate and hone their political skills, while serving ministers can make or break their career depending on their performance at the Commons' dispatch box. Legitimisation: Permits the elected assembly, acting on the people's behalf, to grant (or withhold) its approval for most actions of the government, including legislation and the grant of money. Scrutiny of the Executive: The role in scrutinising the policies and actions of the government, in debates, parliamentary questions and within the influential cross-party select committees. The Powers of the Prime Ministers Power to appoint, reshuffle or dismiss ministers Power to create peers Power to give out honours Power to appoint chairs of nationalised industries Power to make other appointments (e.g. top civil servants, ambassadors, bishops, judges). Power over ministerial conduct...
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... * A ‘constitutional govt.’ is a govt. that functions according to rules laid down in a constitution * Unconstitutional behaviour is anything that falls outside the accepted rules and norms of the political system Codified or uncodified? Types of constitutions | Codified | Uncodified | A codified constitution is when the laws, rules and principles specifying how a state is to be governed are set out in a single legally entrenched constitutional document. | An uncodified constitution is when the laws, rules and principles specifying how a state is to be governed are not set out in a single legally entrenched document but are found in a variety of sources such as statute law and EU law. | Should the UK adopt a written constitution? | Yes | No | 1. Provides greater clarity on what is or is not constitutional. 2. Citizens’ rights are better protected. 3. Fundamental laws and rights would be entrenched. 4. Would provide increased reliability and certainty for citizens and government. 5. Places limits on the power of the executive and politicians. | 1. Would end the flexibility of the current UK constitution which would make the laws of the land harder to adopt. 2. Laws would become difficult to amend. 3. Gives too much power to the judges and courts. 4. Recent developments like the 1998 HRA now protect our human rights therefore the argument for a written one which protects civil liberties is flawed. | Sources of the UK constitution- ...
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...GOVERNING THE UK “Never, never, never give up” Winston S Churchill 1874-1965 1 GOVERNING THE UK 50% of AS [25% of A2] UNIT TWO SAMPLE QUESTION Answer one question from Section A and one question from Section B in 80 minutes. Spend 40 minutes on Section A and 40 minutes on Section B SECTION A QUESTION ONE PRIME MINISTERIAL POWER “For too long the big political decisions in this country have been made in the wrong place. They are not made around the Cabinet table where they should be, but they are taken on the sofa in Tony Blair’s office. No notes are kept and no one takes the blame when things go wrong. That arrogant style of government must come to an end. I will restore the proper process of government. I want to be Prime Minister of this country not a President (Source: David Cameron, The Times, 5th October 2006) “The Cabinet is the committee at the centre of the British political system. Every Thursday during Parliament, Secretaries of State from all departments as well as other ministers meet in the Cabinet Room in Downing Street to discuss the big issues of the day. The Prime Minister chairs the meeting, selects its members and also recommends their appointment as ministers to the monarch. The present Cabinet has 23 members (21 MPs and two peers). The secretary of the Cabinet is responsible for preparing records of its discussions and decisions”. (Source: From a modern textbook) (a) What criticism is David Cameron making of Tony Blair’s...
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...To a certain extent, the coalition government’s proposals will bring about an effective reform of parliament. However, some people have questioned the effectiveness of the reform of parliament under this coalition, for example suggesting that The referendum on AV may have lead to an even more hung parliament. On the one hand, Primeministers, known as the incumbent, can no longer call elections to suit their own interests. This was due to the establishment of fixed term elections introduced by Cameron in 2011. The reform reduces media speculation, which makes parliament more stable and fairer for parties not in government. This is also a fairer system as Primeministers would usually call an election when their party was significantly higher in the opinion polls than all other political parties, making the chances of them re-gaining power much stronger than they may have been 5 years down the line at a set date. On the other hand, some people have suggested that 5 years is too long, noteabely Nick Clegg who wanted 4 years between elections. There have also been concerns about whether campaigns will become dragged out and leborious like America’s 18 month season. Also the fixed term elections don’t necessarily make for a better government and shown by the USA, for example. The flexibility of non-fixed term election system allows for a dissolution and new election if the Government has an inadequate majority. The value of this has been shown in 1951, 1964 and the second election...
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...codified constitution. While one could argue that discussions as to whether the upper house should be elected or appointed have not yet reached a decision, and it has taken over a decade for a devolved assembly to have the chance to be independent, it would appear that constitutional changes have gone as far as they are ever going to, however it ... gone far enough. Parts of the British political system were seen as undemocratic, especially during Labour’s terms in office in the late 1990’s, in particular the House of Lords (HOL). The Labour government set out to remove all hereditary peers in 1999; instead they abolished all but 92 and now promoted life peers as an alternative. Many Lords and Ladies are offered a place in the HOL either for service, such as previous MP’s, or due to their particular knowledge in a field, such as Alan Sugar as he has a vast amount of knowledge in business. However this was the last reform made, no more hereditary peers have been abolished, the question on whether or not to make the upper house elected is still on-going and previous conservative MP’s still hold more seats than any other party thus making the HOL unrepresentative and undemocratic. Therefore many argue this constitutional change has not gone far enough, although considering that the HOL has been reformed three times in the last century, it doesn’t seem to be quite so unforgivable. Devolution is perhaps the reformation most in favour of the constitution being adequately reformed....
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...COMPARATIVE FOREING GOVERNMENT The US Political system- principles, institutions, rules and performance * A Democratic Republic * Political power, authority and legitimacy resides in the ¨we the people¨ * Officeholders serve specified terms and face regularly schedule elections * Political office cannot be inherited or conferred (no monarch, no nobility) * A constitutional system * A single document defining government powers, institutions and their functions, electoral procedures * Short and difficult to amend * Flexible and adaptable to changing circumstances (¨living document¨) * Widely perceived as legitimate by ¨we the people¨ * A representative democracy * Elected representatives –not ¨we the people¨-- make national law and policy (no referenda, recall, or ballot initiative) * The rule of law * Power of government over citizens explicitly limited (bill of rights) * The judiciary (federal courts) is on independent brunch of government whose members are protected by interference * All the elected are subjected to the law * Appointed officials are accountable to elected officials and to the courts * Institutional characteristics * /Separation of power/ divides political power and governmental authority among three branches having distinctive powers * Checks and balances allows each branch to offset the powers of the others * A powerful bicameral legislature with a meaningful upper house *...
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