「用戶:Politics Notes on the UK Constitution」:修訂間差異

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(建立內容為「==Constitution== *'''Outlines how a country or society is structured'''. *Includes laws, rules, and customs that guide the political system. *Establishes important government institutions. *Decides who has the power to make decisions. *Safeguards the fundamental rights of citizens through a Bill of Rights. *Prevents the government from abusing its power. *Puts limits on the government through checks and balances. ==Codified Constitution (e.g.US)== *A sing…」的新頁面)
 
 
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***to pass new Acts that overturn unfavourable rulings in the courts
***to pass new Acts that overturn unfavourable rulings in the courts
***Making it difficult for citizens to engage with the System
***Making it difficult for citizens to engage with the System
== New Labour and Constitutional Reform 1997-2010 ==
Labour emerged victorious from the 1997 GE after promising a program of constitutional reform that was driven by 4 interlocking themes
=== Modernisation ===
* The existing institutions like Parliament, the executive branch, and the civil service were seen as outdated and inefficient
* So reforms were proposed to make them more effective and up-to-date.
=== Democratisation ===
* The goal was to encourage greater participation in the political process.
* This would be achieved through
** electoral reform
** making the voting system fairer
** and increasing the use of referendums to involve citizens directly in decision-making.
=== Decentralisation ===
* Power and decision-making authority would be devolved to new institutions, giving more control to local governments.
* The aim was to enhance the role and influence of local communities in shaping policies and making decisions.
=== Rights ===
* The rights of citizens would be strengthened and safeguarded
{| class="wikitable"
|+
!Area
!Reforms
|-
| rowspan="2" |Rights
|Human Rights Act 1998: Incorporated the ECHR into UK Law
Rights protected by the HRA include:
* Right to Life
* Right to Liberty and Personal Security
* Right to a Fair Trial
* Respect for Private and Family Life
* Freedom of Thought and Expression
* Freedom of Peaceful Assembly and Association
* Right to Marry and Start a Family
* Freedom from Torture and Degrading Treatment
* Freedom from Discrimination
The HRA requires the British Government to ensure that legislation is compatible with the ECHR.
|-
|Freedom of Information Act 2000: Gave greater access to information held by public bodies
|-
| rowspan="7" |Devolution
|The new system was one of asymmetric devolution
|-
|The Scottish parliament with primary legislative and tax-raising powers
|-
|The Northern Ireland Assembly with primary legislative powers
|-
|The Welsh Assembly with secondary legislative powers
|-
|A directly elected Mayor of London and the London Assembly
|-
|Elected Mayors in some English authorities
|-
|West Lothian Question:
"Why should Scottish MPs be able to vote on English matters at Westminster,
when English MPs cannot vote on matters devolved to the Scottish Parliament"
|-
|Electoral Reform
|New electoral systems for devolved assemblies, for the European Parliament and for elected mayors
|-
| rowspan="2" |Parliamentary Reform
|All but 92 hereditary peers removed from the Lords (HoL Act 1999)
|-
|Limited reforms to the workings of the House of Commons
Changes to the PMQ
Working hours of the Commons
2009 Reform of the Commons Committee (chaired by Tony Wright)
* chars of selected committees to be elected by backbenchers
* a backbench business committee to determine the business of the Commons for 1 day each week
* a petitions committee to select issues for debate that have been suggested by the public via e-petitiobs
|-
| rowspan="4" |Judiciary
|Constitutional Reform Act 2005
|-
|Supreme Court started work in Oct 2009
|-
|New judicial appointments system
|-
|Changes to the role of the Lord Chancellor
|}
== The Conservatives and Constitutional Reform 2010-16 ==
=== The Coalition and Constitutional Reform 2010-15 ===
Coalition governments inevitably involve a degree of compromise.
Only 5 can be seen as worthy of more detailed consideration.
'''''Fixed-term Parliaments Act 2011'''''
Established a pattern of fixed general elections every 5 yrs.
removed the PM's ability to call an election at an advantageous time.
'''''Scotland Act 2012'''''
Gave the Scottish government the power to vary income tax up or down y 10 pence in the pound and devolved further powers to the Scottish Parliament.
Allowed the Scottish government to borrow up to 2.2B per annum.
'''''Protection of Freedoms Act 2012'''''
Offered citizens greater protection from the state
By putting in place proper scrutiny of the security services and oversight of surveillance and data collection.
'''''House of Lords Reform Act 2014'''''
aimed at halting the inexorable increase in the number of those eligible to sit and vote in the Lords
by giving existing peers the right to retire or resign
it also allowed peers to be removed as a result of serious criminal offences or non-attendance
54 peers had resigned under the terms of the Act by 2016
with a further 4 removed as a result of non-attendance
'''''Wales Act 2014'''''
UKGOV's response to the Silk Commission's recommendations on further devolution to Wales
transferred control of some smaller taxes to devolved institutions in Wales
put in place a mechanism by which devolution of other lower-level taxes could be developed with the approval of Westminster
provided the legal framework required for a Welsh referendum on the partial devolution of income tax
symbolically changed the name of the Welsh executive from the Welsh Assembly Government to the Welsh Government.
=== The Conservatives and Constitutional Reform, 2015 onwards ===
'''"English votes for English Laws"'''
only English MPs should be allowed to vote on measures identified as affecting only England.
== Should the UK adopt a Codified Constitution ==
=== Arguments in Favour ===
provide greater clarity on what is and what is not constitutional
rules governing the political system would be set out in an authoritative document
reducing ambiguities
rights of citizens would be given further constitutional protection
a codified constitution would tackle the centralisation of power by setting limits on the power of the executive and introducing more effective institutional checks and balances
local and subnational governments would enjoy constitutional protection
=== Arguments Against ===
it would remove the flexibility and adaptability
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