Unchecked power? How recent constitutional reforms are threatening UK democracy

Posted on December 5, 2023 by The Constitution Unit

The constitution has consistently felt under strain in recent years, following a succession of crises. Alison Young argues that a written constitution is not necessarily the solution to this problem, concluding that it is important to ensure that key constitutional guardrails are not just defended against abolition, but protected from gradual degradation as well.

Ever since the outcome of the Brexit referendum in June 2016, it seems like the UK constitution has lurched from crisis to crisis. Even after negotiating Brexit, the UK had to deal with a global pandemic – something, it would appear from hearings of the Covid-19 inquiry, for which the UK was not fully prepared.

With commentators naturally immersed in these key issues, there has been less attention paid to other, quieter, aspects of constitutional reform. The Dissolution and Calling of Parliament Act 2020, for example, appears to have barely registered with the general public. There is probably even less awareness of the changes to the oversight of the Electoral Commission provided for in the Elections Act 2022. Yet both reshaped the UK constitution.

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Rebuilding and renewing the constitution: elections and public participation

Posted on August 30, 2023 by The Constitution Unit

A new Constitution Unit report by Meg Russell, Hannah White and Lisa James, published jointly with the Institute for Government, provides a menu of constitutional reform options ahead of political parties’ manifesto preparation. Its chapters have been published on this blog throughout August, with this final excerpt identifying potential changes relating to elections and public participation.

Democracy rests ultimately on popular sovereignty. But the bond of trust between the public and their representatives – which is essential for healthy democratic governance – has become increasingly frayed. Public engagement with the political process has long been a cause for concern, and there is a desire to boost public trust and participation. In recent years, particular concerns have been voiced about the government’s attitudes towards the Electoral Commission, its policies on public protest and on voter ID, and a change in the electoral system for local mayors that appeared to be motivated by partisan gain. At a more mundane but nonetheless important level, there are also long-running challenges to the fair and effective administration of elections.

A range of reforms to elections, the conduct of campaigns, and the wider role of the public in processes of policymaking have been proposed to tackle these concerns. Some improvements could be made immediately. A number of others would require legislation, but would be largely uncontroversial, or could be implemented fairly straightforwardly through other means. Proposals for more fundamental change – most obviously to the Westminster voting system, and party funding – would be much more contested.

Quick win

The Elections Act 2022 empowered ministers to prepare a ‘strategy and policy statement’ for the Electoral Commission. Experts widely view the existence of such a statement as a threat to the Commission’s independence. Three Commons committees sharply criticised the government’s first draft, leading to revisions. Ministers should not proceed further with designating a strategy and policy statement for the Electoral Commission. Rather, they should simply affirm their commitment to the Commission’s independence and welcome its work. Should a statement be designated, a future government should withdraw it.

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The future of the electoral system

Posted on August 1, 2023 by The Constitution Unit

John Pullinger, chair of the Electoral Commission and a guest speaker on the Unit’s summer conference panel on Elections and Electoral Reform, sets out four key areas where electoral law is in need of reform, arguing for improved access to registration, increased transparency when it comes to political donations, stronger and simpler electoral regulation, and a modernisation of electoral law.

Elections are at the heart of our constitution, giving people a voice when choices are made about how we are to be governed. They are a mechanism for the people to hold their governments accountable. A key test for a healthy democracy is whether people trust, value, and participate in elections. So how can we ensure that our electoral system remains effective?

An effective electoral system

An effective electoral system starts by putting the voter first. This means ensuring that as many eligible voters as possible are correctly registered, and that the process of voting is both secure and accessible to all.

The electoral system should support candidates, campaigners, and parties to get their message across, free from abuse, intimidation, and threats. It should provide transparency about campaigning activities, so we all know where campaigners’ money comes from and how it is spent.

It also needs to work for electoral administrators, supporting them to run elections effectively and efficiently, so that voters across the country receive the same high standard of service. There must be resilience in the system, so administrators can cope in the face of unexpected pressures.

At its core, it requires a simple and comprehensible canon of law so that everyone understands and can follow the rules without risk of being inadvertently caught out. The law also needs to work effectively in the context of the differences in approach to elections policy between the UK’s governments.

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