11.3 Proposals for further constitutional change

The UK's constitutional landscape is evolving. Proposals for change include devolution, electoral reform, and House of Lords restructuring. These aim to modernize governance and increase democratic representation across the nation.

Constitutional reform debates also touch on codifying the constitution and strengthening rights protections. These discussions reflect broader efforts to update the UK's political system for the 21st century, balancing tradition with modern democratic principles.

Constitutional Reforms in the UK

Devolution and Regional Governance

Top images from around the web for Devolution and Regional Governance

• 

  2016 National Assembly for Wales election - Wikipedia View original

  Is this image relevant?

• 

  Scottish independence referendum, 2014 - Wikipedia View original

  Is this image relevant?

• 

  The British Political System - lernen mit Serlo! View original

  Is this image relevant?

• 

  2016 National Assembly for Wales election - Wikipedia View original

  Is this image relevant?

• 

  Scottish independence referendum, 2014 - Wikipedia View original

  Is this image relevant?

1 of 3

Top images from around the web for Devolution and Regional Governance

• 

  2016 National Assembly for Wales election - Wikipedia View original

  Is this image relevant?

• 

  Scottish independence referendum, 2014 - Wikipedia View original

  Is this image relevant?

• 

  The British Political System - lernen mit Serlo! View original

  Is this image relevant?

• 

  2016 National Assembly for Wales election - Wikipedia View original

  Is this image relevant?

• 

  Scottish independence referendum, 2014 - Wikipedia View original

  Is this image relevant?

1 of 3

• Constitutional reform proposals address devolution issues across the UK
  • Scottish independence debate shapes discussions about further devolution
  • Potential restructuring of the UK's constitutional framework considered
• English devolution proposals aim to balance asymmetrical nature of devolution
  • Creation of regional assemblies suggested (East of England, North West)
  • Establishment of an English Parliament proposed to represent English interests
• Welsh devolution continues to evolve
  • Increased law-making powers granted to Welsh Assembly in recent years
  • Discussions ongoing about further expansion of Welsh autonomy

Electoral and Institutional Reforms

• Reform of voting system for general elections remains contentious
  • Proportional representation systems proposed (Mixed Member Proportional, Single Transferable Vote)
  • Aim to create more representative outcomes in Parliament
• House of Lords reform debates continue
  • Various models suggested for replacement or modification
  • Fully elected chamber proposed to increase democratic legitimacy
  • Hybrid elected-appointed system considered to balance expertise and accountability
• Monarchy's role in modern democracy subject to ongoing discussion
  • Proposals to further limit royal prerogatives (Royal Assent, Dissolution of Parliament)
  • Debates on transitioning to a republican system with an elected head of state

Constitutional Codification and Rights Protection

• Calls for a written constitution gain traction
  • Advocates argue for greater clarity and protection of citizens' rights
  • Potential to consolidate existing constitutional documents (Magna Carta, Bill of Rights 1689)
• Proposals to strengthen human rights protections
  • Discussions on incorporating additional rights into UK law (right to housing, environmental rights)
  • Debates on the future of the Human Rights Act and its relationship with the European Convention on Human Rights

Codified Constitution: Arguments for and Against

Advantages of a Codified Constitution

• Provides greater clarity and certainty in constitutional arrangements
  • Makes the system more transparent and accessible to citizens
  • Consolidates dispersed constitutional provisions into a single document
• Better protects individual rights and liberties
  • Explicitly codifies fundamental rights, making them more difficult to alter
  • Provides a clear reference point for courts in rights-related cases
• Enhances separation of powers
  • Clearly delineates roles and responsibilities of different branches of government
  • Establishes formal checks and balances to prevent overreach

Disadvantages of a Codified Constitution

• Reduces flexibility and adaptability to changing circumstances
  • May require complex amendment processes for even minor changes
  • Could struggle to keep pace with rapidly evolving social and political norms
• Potentially destabilizing drafting and ratification process
  • Might expose deep-seated disagreements on fundamental constitutional issues
  • Could lead to political gridlock if consensus cannot be reached
• Risks transferring too much power to the judiciary
  • Judges may gain increased authority in interpreting constitutional provisions
  • Potential for "judicial activism" in shaping policy through constitutional interpretation

Practical Considerations

• Challenges in adequately reflecting UK's complex constitutional history
  • Difficulty in codifying unwritten conventions and practices
  • Risk of oversimplifying nuanced constitutional arrangements
• Concerns about impact on parliamentary sovereignty
  • Potential conflict with the principle of parliamentary supremacy
  • Debates on whether a codified constitution should be subject to judicial review
• Implementation challenges
  • Need for extensive public consultation and education
  • Determining the appropriate process for adoption (referendum, parliamentary approval)

Electoral Reform: Benefits vs Drawbacks

Advantages of Proportional Representation

• Creates closer match between vote shares and parliamentary representation
  • Reduces discrepancies between popular vote and seat allocation
  • Potentially increases perceived fairness of electoral outcomes
• Leads to more diverse representation in parliament
  • Gives smaller parties greater opportunity for representation (Green Party, UKIP)
  • Enhances voice of minority groups in political process
• May increase voter turnout
  • Reduces number of "wasted" votes in safe seats
  • Gives voters more choice and sense of impact

Challenges of Proportional Representation

• Potential for political instability
  • More frequent elections possible due to coalition breakdowns
  • Difficulty in forming stable governments in highly fragmented parliaments
• Weakens constituency link between MPs and voters
  • Some PR systems (party list) reduce direct local representation
  • May diminish accountability of individual MPs to specific geographic areas
• Risk of disproportionate power to small parties
  • "Kingmaker" role in coalition negotiations (Liberal Democrats in 2010)
  • Potential for extreme parties to gain influence through coalition bargaining

Impact on Governance and Policy-Making

• Often results in coalition governments
  • Can lead to more consensus-based decision-making
  • Potential for moderation of extreme policies through compromise
• Changes campaign strategies and party behavior
  • Encourages parties to appeal to broader constituencies
  • May lead to more policy-focused campaigns rather than personality-driven politics
• Affects legislative process and government formation
  • Longer government formation periods common in PR systems
  • Potential for more diverse committee representation in parliament

House of Lords Reform: Impact on Parliament

Reform Proposals and Their Implications

• Range of reform models suggested
  • Fully elected upper house to increase democratic legitimacy
  • Partially elected chamber to balance democracy with expertise
  • Appointed system based on merit and diversity criteria
• Size reduction proposals aim to improve efficiency
  • Suggestions to cap membership at 450 or 600 peers
  • Proposals for fixed terms or retirement age to ensure turnover
• Changes to Lords' powers under consideration
  • Proposals to strengthen or weaken legislative veto powers
  • Debates on Lords' role in scrutinizing government actions

Potential Benefits of Reform

• Could enhance democratic legitimacy of the upper chamber
  • Elected members more directly accountable to the public
  • Potential to increase public engagement with the Lords
• May improve scrutiny and accountability functions
  • Reformed chamber could more effectively challenge government policies
  • Potential for increased diversity of expertise and backgrounds
• Opportunity to modernize the chamber's composition
  • Address concerns about hereditary peers and political appointments
  • Implement more transparent selection processes for members

Challenges and Risks of Reform

• Potential to challenge primacy of House of Commons
  • Elected Lords might claim greater legitimacy to oppose Commons
  • Risk of legislative gridlock between two elected chambers
• Concerns about loss of expertise and independence
  • Current life peers bring specialized knowledge to debates
  • Elected members may be more susceptible to party political pressures
• Implementation difficulties
  • Transitional arrangements for current peers
  • Determining appropriate electoral system or appointment mechanism
• Impact on overall effectiveness of Parliament
  • Changes could disrupt established working relationships between chambers
  • Risk of undermining Lords' current strengths in detailed policy scrutiny