| What are the 3 Proposals for Constitutional Reform? | -Devolution for England
-Making a Bill of Rights replacing the Human Rights Act
-Codified Constitution |
| What are the Pro's of an English Parliament | -England is the only Nation in Britain to now have its own Parliament, creating Resentment
-It can sit outside London, reducing the City's Political Dominance and reducing the North - South Divide [Democratic?]
-English Parliament permanently answer the West Lothian Question, clarifying 'English Only' Issues. More sense since EVEL has been Scrapped
-Argued that England Identity and Culture under Threat from Immigration and Multiculturalism - English Parliament help it |
| What are the Con's of an English Parliament | -What is the Point of the UK Parliament if so?
-Not give more Autonomy to Different Regions in Britain: Cornwall still feel Distant in English Parliament in Nottingham [Eg]
-EVEL being Repealed can mean that the Support for English Parliament just isn't High Enough? More Evidence when 20% of the Public want an English Parliament. Polls also say England to be Governed from Westminster Please |
| What is the Idea behind Regional Assemblies in England? | -Elected body with Responsibility in a Number of Policy Areas
-Can make Governments more Efficient as well as make sure England isn't Left Behind with Devolution |
| What are the Yay's for Regional Assemblies in England? | -Supporters claim it can Reflect Regional Identity better than UK Government as it Fails to understand Regional Sensitivities, like the 'Pasty Tax' in 2012 affecting West Country Firms
-Regional Authorities best placed to make Decisions over Tax and other concerns that involve Regional Needs
-Resolve the Asymmetric Devolution which has only some Cities in England - More Federal System would be Made, and hence fix a Democratic Deficit [Concentrated Power = no no]
-Cross Party Support for Devolution in England by the Political and Constitutional Reform Select Committee of the HoC |
| What are the Nay'sm for Regional Assemblies in Britain? | -Only a Select Regions have Strong Regional Identity [Yorkshire, West County like Cornwall]
-Regions leading Taxes can damage Tax Competition as Regions fight over Firms
-Asymmetrical Devolution is good for Britain and England as some Regions like Westminster and others don't. New Assemblies may lead to Competition for Power in Existing Devolved Bodies
-Again, Limited Public Support for Regional Assemblies in the North East - The Referendum proves that |
| What do Right Wing Critics say about the HRA and Bill of Rights? | -The HRA makes the Scope of the ECHR too much, giving Foreign Courts too much Power over Elected Politicians
-Thus a Bill of Rights can Reduce the Role, and ensure Domestic Courts are more Influential than Foreign Courts |
| What do Left Wing say about the HRA? | -Anything that Replaces the HRA must be Entrenched |
| What are the Arguments in Favour for a British Bill of Rights? [BBR] | -Critics of the HRA say that Strasbourg and UK are 'Judicial Overreach' going into Areas that Politicians should Decide on
-BBR help Convention Rights and how they are Applied to Britain. The Phrase 'Degrading Treatment and Punishment' in ECHR can be more Narrowly Defined
-Ruling like 'Hirst vs UK' was Unpopular. UK had Violated Prisoners Rights for not allowing them to vote. BBR would restore Faith and Trust in a Less Interfering Judiciary
-Strasbourg Courts and HRA harm Parliamentary Sovereignty. Article 46: UK must Implement the Judgements of the ECHR
-BBR be a Balance between Rights and Responsibilities as a 21st Century World. Recognise Right to Privacy, but allows Government to Intervene in Terrorism which can Breach ECHR
-Left Wing says the BBR can Reflect a more Liberal and Tolerant POV, not a Conservative
-Current HRA lacks Entrenchment - making it easier Alterable and Weakened. Tory Manifesto in 2019 was to 'Update' the HRA |
| What are the Arguments Against a British Bill of Rights [BBR] | -Supporters of HRA & ECHR say the Conservatives overstate the Influence of the ECHR due to Dislike on European Influence
-Clarifying Rights can make Rights being Qualified - Striking Rights
-Human Rights inevitably make Governments annoyed. Supporters of HRA don't care
-Parliament chooses which Rulings to Follow on. Despite the Ruling on allowing Prisoner Rights [To Vote] no Law has been Changed
-Those against the HR say any Repeal of the Act will make Britain retreat the Post-war Human Rights Architecture which has done a lot to European Nations and beyond for Rights.
-No Unity on what goes to a BBR. The fact that HRA been Attacked by the Left and Right means it Balanced Parliamentary Sovereignty and Protecting Rights |
| Why should Britain get a Codification Constitution? | -Rights be Better Protected. Labour extended the Detention-without-trail while Conservatives passed Investigatory Powers increasing the Ability of the State to get Data from UK Citizens. Codified Constitution establish Laws and Rights.
-Doesn't have to be Inflexible. The French have Codified it, but has been Changed many times over its course
-Entrenched Constitution act as a Brake on Executive Power. Single Party can't abolish Greater London Council [Thatcher]
-Bolster the Court's Ability of getting Government to Account
-Lead to Greater Clarity as they aren't Hard to Make. They contain Rights, Limits on Government, Power of Political Institutions and Amendment Processes |
| Why shouldn't Britain get a Codification Constitution? | -Undermine Political Structures that have worked well - Parliamentary Sovereignty be Undermined
-UK lose Flexibility in Constitutional Agreements. USA States have Restrictions on Handguns Carrying struck down from 2nd Amendment. UK can get Restrictions of Guns after the 1996 Dunblane Massacre
-Uncodified Constitution allows Government to Govern. 2019 GE gave UK a Clear Mandate to 'Get Brexit Done' which gets Political Certainty up
-Having that of USA makes the Supreme Court into Politics and threatens its Independence and Neutrality
-Uncertainty over who'd write it, what goes in it. Likely that its written in 1 Place so Executive Power is Codified only, increasing Governmental Power which well what's the point |
