Paper 2 · 2024 · 30 marks
Using the source, evaluate the view that constitutional reform since 1997 has been a success.
Constitution
Source
Source 2 presents a series of constitutional reforms and contrasting perspectives on their success, in the context of whether the UK now needs an entrenched and codified constitution.
Devolution -- arguments for and against
Devolution was introduced by the Labour Government of Tony Blair and has been extended by the governments that followed. Devolution can be seen as a success in delivering the decentralisation of power and greater democracy. The Scottish Parliament, Welsh Senedd and the Northern Ireland Assembly retain majority support. Although some places do not want to have city mayors the Metro Mayors look set to stay.
Devolution can be seen to have failed in its main objective: to rebuild enthusiasm for the UK and limit calls for independence. Since Brexit, devolution seems even more unsettled. The devolution process is unequal, unfair and provides no clear representation and voice for England.
Electoral reform and rights -- arguments for and against
Different electoral systems have been introduced for devolved bodies increasing their legitimacy. However, voter turnout has been an issue. The Elections Act 2022 introduced voter ID to tackle voter fraud and build trust in elections but is seen by others as tackling a non-existent problem and may have a negative impact on voter turnout.
The Human Rights Act 1998 has helped develop awareness and protection of rights and acted as an effective check against over powerful government. However, the Human Rights Act has remained controversial, with some politicians and parts of the media arguing that human rights are being used to protect the rights of terrorists and dangerous criminals. They argue that reform is needed, so that there is a proper balance between the rights of individuals, national security and effective government.
Judicial reform -- arguments for and against
The Constitutional Reform Act 2005 created a separation of powers and more effective checks and balances in the UK constitution. However, the Supreme Court has been criticised for overstepping its role and becoming too political; whilst judicial review is needed, some see judicial review as being overused.
Mark scheme: agreement
codified constitution.
Agreement
Devolution can be seen as a success.
The process of devolution, under Labour, the Tories and Coalition, can be seen a success as it has delivered
decentralisation has been widely supported by the public (AO2),
showing that constitutional reform has been a success across the UK by making politics more democratic (AO3).
Electoral reform has created more legitimacy for devolved bodies and increased trust in elections.
Electoral reform with the introduction of AMS and STV for devolved bodies has created far more democratic and
representative bodies increasing their legitimacy whilst Voter ID will increase trust in general elections (A02)
showing how constitutional reform has improved the quality of democracy and faith in democracy in the UK (AO3).
The Human Rights Act and has rebalanced the constitution and protected rights.
The Human Rights Act has clearly rebalanced the constitution to protect the rights of citizens by clarifying them in one
document and allowing individuals to take public bodies to Court in the UK for infringing their rights (A02)
showing that the constitutional reform has strengthened the UK constitution by putting in place more effective checks on
the power of government (A03).
The Constitutional Reform Act has created a separation of power and more effective checks and balances.
The Constitutional Reform Act has created a Supreme Court which has shown itself effective in upholding checks and
balances (Miller cases, Scottish Independence Referendum) (A02)
showing the success of constitutional reform since 1997 as there is now a more effective separation of powers in line with
most modern democracies (A03).
Mark scheme: disagreement
codified constitution.
Disagreement
Devolution has failed to rebuild faith in the United Kingdom.
Devolution has led to more division in the UK, with the rise of support for independence especially since Brexit whilst the
lack of representation for England, especially since EVEL was reversed, is problematic (AO2),
showing how constitutional reform has been deeply problematic rather than a success by creating new challenges to the
constitutional settlement that have not been answered (AO3).
Low turnout in devolved elections undermines legitimacy whilst voter ID may have a negative impact on turnout.
Turnout in devolved elections has been lower than general election suggesting they have done little to improve legitimacy
and democracy whilst Voter ID is likely to depress already low voter turnout in general elections, in particular lowing the
vote within already marginalised groups (AO2),
reflecting that constitutional reform has so far done little to boost the democracy and faith in politics in the UK (A03).
The Human Rights Act remains controversial.
The Human Rights Act has become deeply controversial, being seen as limiting the ability of democratically elected
governments to deliver on their promises and protect national security (A02) reflecting that constitutional reform has not
been a success as it has limited the power of the democratically elected government to deliver tits mandate (A03).
The Supreme Court has been seen as too political and the use of judicial review as excessive.
The Court is seen by many as too political and overstepping its constitutional role (Miller cases) and the rise of judicial
review is seen as a way for those who lost the debate to frustrate the will of the elected government and create endless,
expensive delays(A02)
showing that the constitutional reform has effectively upset the delicate balance of powers that had developed slowly over
time (A03).