1.2 How the constitution has changed since 1997 Flashcards
1
Q
4
Describe the aims of New Labour constitutional policy
A
- Decentralisation
- Democratisation
- Transparency
- Rights protection
2
Q
5
List constitutional reforms under New Labour
A
- House of Lords reform
- electoral reform
- devolution
- Human Rights Act 1998
- the Supreme Court.
3
Q
7
Describe House of Lords reform under New Labour
A
- House of Lords Act 1999
- all but fixed number of 92 hereditary peers removed
- new heriditary peer elected by HoL when one passes/resigns
- only nominated life peers could be added to HoL
- reduced membership from 1330 to 669 mainly life peers (at time heriditary peers outnumbered life peers)
- HOLAC established in 2000
- Intended to increase legitimacy, representation and transparency
4
Q
4
Describe HOLAC
A
- independent board
- vet life peers as nominated by political parties and can express public disapproval
- e.g. HOLAC expressed disapproval on Mark Littlewood - did not receive peerage
- can nominate small number of crossbenchers e.g. Lord de Clifford
5
Q
4 - (2) (2) (3) (2)
Describe postives of New Lab HoL reform
A
-
Heriditary peers slimmed down
- most undemocratic aspect removed - dem deficit
- ended Con domination - Lab legislation could be more easily passed
-
Expansion of life peers
- modernise HoL to more professional/experienced body
- more effective at scrutinising legislation
-
Creation of HOLAC
- transparency + legitimacy
- prevents PMs from packing HoL with political allies
- ensures experts primarily
-
Crossbenchers remain
- politically neutral - no whip/party pressure
- ‘trustee’ politician with indepedent voice
6
Q
3 - (1) (1) (3) + synoptic
Describe negatives of New Lab HoL reform
A
-
Supposed to be followed by partially/fully elected HoL - did not transpire
- remains undemocratic + lacks legitimacy
-
reform changed membership not powers
- HoL power remains restricted - Salisbury Convention and Parliaments Acts
-
PM remains influential in packing HoL
- Johnson appt 42 Con, 17 Lab
- cronyism undermines legitimacy
- membership ballooned to 777 members with no upper limit
Synoptic link: Starmer proposed replacing HoL with directly elected Assembly of Nations and Regions
7
Q
2
Describe electoral reform under New Labour
A
- Jenkins report
- Adoption of new electoral systems in devolved bodies to offer greater voter choice and ensure fairer balance of power
8
Q
4
Describe the Jenkins Report 1998
A
- recommended FPTP replaced with AV+ in GEs
- around 80-85% elected through AV in single-member constituencies
- 15-20% elected in regional party lists (overhang seats)
- massive parliamentary majority reduced Blair’s enthusiasm for reform
9
Q
4
Describe the reasons for devolution
A
- Quasi-federal structure to allow greater self-determination and prevent breakup of union
- Reverse centralisation under Conservatives
- Reflect popular sovereignty (e.g. 1979 Scottish referendum)
- Bring about peace in NI
10
Q
4
Describe greater devolution under New Labour
A
- Flagship constitutional policy of New Lab
- Refs in Scot/Wal in 1997, NI/establishment of GLA in 1998
- Elections to new legilsatures in 1998 (NI), 1999 (Scot, Wal) and 2000 (London)
- Regional English devolution plans stalled once NE rejected proposals for regional assembly by 78% to 22% in 2004
11
Q
3 - (2) (3) (2)
Describe the positives of devolution under New Labour
A
-
Policy more region-sensitive
- devolved powers deliver more specialised policy decisions - meet demands of local electorate
- can lead to policy experiments (e.g. 20mph in Wales; smoking bans introduced in Scot first before 2006)
-
Elec systems ensure greater pluralism
- meet dem deficit and boost turnouts compared to FPTP GEs (Wales: 38% in 2003, 47% in 2021)
- prevent single-party domination e.g. SNP domination in GEs vs devolved elecs
- allows for smaller parties e.g. TUV
-
Power sharing in NI sig reduced sectarian violence
- allows democracy to function after failures of previous bodies
- executive makeup reflects power divide
12
Q
4 - (2) (3) (4) (3)
Describe the negatives of devolution under New Labour
A
-
Welsh turnout low
- turnout at 50% and 0.6% majority
- body lacks legitimacy of previous arrangement - democracy imposed
-
Entrenched regional unfairness
- all Welsh people under 25 can claim free prescriptions, unlike other nations
- exacerbated by asymmetric devolution and England devolution
- threatens breakup of union - against prior aims
-
Lack of English devolution
- entrenched unfairness of asymmetry and furthered dem deficit in England
- Retains FPTP system and lack of regional political representation
- previous attempts failed (e.g. NE 2004)
- West Lothian Question
-
Elec systems can lead to political instability
- esp when parties across political divide are forced to cooperate to maintain coalition
- NI suspended 2017-20, 2022-24
- abortion passed in NI in 2020 under direct rule
13
Q
3
Describe rights protection Acts under New Labour
A
- HRA 1998
- FOI 2000
- Equality Act 2010
14
Q
3
Describe HRA 1998
A
- Entrenched ECHR into UK statute law
- provides judiciary with new powers to protect and advance civil liberties
- public bodies (govt and parliament) should act and legislate in accordance with HRA
15
Q
Describe the positives of HRA 1998
A
complete
16
Q
Describe the negatives of HRA 1998
A
complete
17
Q
3
Describe the Judicial Committee of the House of Lords (Law Lords)
A
- Previously final court of appeal judges had sat in HoL
- Concentration (fusion) of power at HoL
- Fusion of powers had been due to uncodified and evolutionary nature of UK constitution
18
Q
3
Describe the Constitutional Reform Act 2005 under New Labour
A
- Abolished Law Lords
- Replaced with UKSC from 2009
- Greater separation of powers (less fusion between judiciary, exec and legislative)
19
Q
4
Describe the impact on the role of the Lord Chancellor due to the Constiutional Reform Act 2005
A
- Lord Chancellor lost right to nominate judges - transferred to Judicial Appointments Committee (JAC)
- lost control of judiciary to non-political Lord Chief Justice
- Presiding role over HoL removed
- Functions merged with Justice Secretary
20
Q
3
Describe the positives of SC introduction under New Labour
A
- Appts process more transparent
- Separation of powers leads to greater independence
- Introduction of HRA grants SC greater powers to review govt
21
Q
2
Describe the negatives of SC introduction under New Labour
A
- SC is unaccountable (unlike elected legislature)
- Govt can still circumvent rulings
22
Q
5
List constitutional reforms during the Coalition
A
- Fixed Term Parliaments Act 2011
- Further devolution to Wales (and Scotland)
- Electoral reform
- House of Lords reform
- Parliamentary reform (backbenchers and power of recall)
23
Q
3
Describe the Fixed Term Parliaments Act 2011
A
- Removed PM’s royal prerogative to call election at time of their choosing (at time of political advantage)
- Legislated for GEs to be held every 5 years
- Snap elections could be called but demanded 2/3 supermajority
24
Q
3 - (2) (2) (3)
Describe the positives of the Fixed Term Parliaments Act 2011
A
-
Provided govt with greater stability
- esp important for coalition
- policy proposals can be better planned and carried out
-
Removed PM’s natural advantage to call election
- esp important for coalition
- prevents unpop PMs from extending stay in power (e.g. Tony Blair called elec 4 years after 2001)
-
Removed natural unfairness of major parties
- major parties can quickly amount donations at short-notice, smaller parties cannot
- 2015 - UKIP 12.5% votes due to years-long campaign
- greater voter chocie
25
Q
3 - (2) (1) (1)
Describe the negatives of the Fixed Term Parliaments Act 2011
A
-
Little effective impact
- snap elec 2017, Early Parliamentary General Election Act 2019
- at time of political advantage (Con had being trailing in polls in early 2019, leading in late 2019)
-
Repealed with Dissolution and Calling of Parliament Act 2022
- demonstrates parliamentary sovereignty - cannot bind successors
-
Election could still be called due to no confidence vote
- removes stability aspect
26
Q
6
Describe further devolution to Wales under the Coalition
A
- 2011 referendum - in favour of granting primary legislative powers in some areas to Wales
- Wales Act 2014
- devolved stamp duty, business rates and landfill tax
- extended Senedd terms to 5 years
- Prohibited dual mandates - simultaneously MS and MP
- Granted tax-varying powers in 2015
27
Q
2
Describe further devolution to Scotland under the Coalition
A
- Scotland Act 2012 - could vary income tax by 10p and given authority to borrow up to £10bn
- 2014 indyref
28
Q
3
Describe limits to devolution policy under the Coalition
A
- Turnout of 2011 Welsh ref at 36% - lack of legitimacy
- Furthered asymmetric devolution
- Threatens parliamentary sovereignty in UK
29
Q
2
Describe electoral reform under the Coalition
A
- 2011 AV Ref - electorate voted 68% to 32% in favour of retaining FPTP (on turnout of 42%)
- Introduction of P&CC on voting system of SV in 2012
30
Q
2
Describe the limits of PC&Cs
A
- Low turnouts - 17% in Wiltshire, 2021
- electoral system changed to FPTP in 2022
31
Q
3
Describe House of Lords reform under the Coalition
A
- House of Lords reform bill 2012 to reform chamber to comprise largely of 120 elected members withdrawn
- House of Lords Reform Act 2014 - allowed life peers to resign or be forcibly removed if they fail to attend
- by Feb 2022, 146 peers retired and 8 peers removed
32
Q
3
Describe the backbench reform under the Coalition
A
- Most significant constitutional reform
- Addressed govt dominance in HoC
- Enacted recommendations of Wright Committeee (2009)
33
Q
4
Describe the terms of backbench reform under the Coalition
A
- Parliamentary Backbench Committee established to give all backbench MPs greater control over what is debated in Parliament
- membership of select committees no longer determined by whips - instead chairs and members elected by MPs in secret ballot
- Increased legitimacy of committees
- Made them more confident when scrutinising government
34
Q
3
Describe the Recall of MPs Act 2015 (under the coalition)
A
- Allowed constituents to demand by-election under certain circumstances
- 10% of constituents must sign recall petition for it to be successful
- Aimed to make MPs more accountable to constituents between GEs
35
Q
3
Under what circumstances can MPs be recalled?
A
If the MP is…
- sentenced to prison
- suspended from Parliament for minimum 10 sitting days
- convicted of ‘false or misleading’ parliamentary allowances claims
36
Q
3
Describe the recall of Peterborough MP Fiona Onasanya
A
- lied about a speeding offence and sentenced to 3 months in prison for perverting the course of justice
- 25% of registered voters demanded recall
- removed as MP and did not stand for subsequent by-election
37
Q
4
Describe additional Parliamentary reform under the Coalition
Besides FTPA, electoral reform, HoL failed reform, backbench and recall
A
- Electronic petitions introduced which allow public to lobby Parliament
- Parliament do not have to legislate on issues, but likely to debate if petition reaches 100k signatures
- Govt has to respond after 10k signatures
- Rarely lead to change in law/policy (e.g. revoke Article 50 amounted 6m signatures)
38
Q
6
List constitutional reforms under the Conservatives from 2015
A
- EVEL
- EU (Withdrawal Agreement) Act 2020
- Further devolution to Scotland
- Further devolution to Wales
- Elected Mayors
- Elections Act
39
Q
5
Describe Conservative attempts to address the West Lothian Question since 2015
A
- EVEL (English Votes for English laws) - set of procedures whereby England-only legislation would require approval from Legislative Grand Committee (for England) prior to third reading
- Legislative Grand Committee (for England) contained 533 English MPs
- Ensured England-only legilsation won majority support of MPs in England
- May held 60-seat England majority post-2017 despite loss of overall majority
- Introduced 2015, abolished 2021 to simplify legislative process (esp during COVID)
40
Q
4
Describe further devolution to Scotland under the Conservatives since 2015
A
- Scotland Act 2016
- transferred more reserve powers to Scotland
- Act stated that Scottish Parliament and executive were now permanent features of UK constitution - can only be abolished by ref
- delivered on ‘devo max’ promise if Scotland rejected independence
41
Q
4
List examples of powers devolved to Scottish Parliament in the Scotland Act 2016
A
- determination of abortion laws
- determination of speed limits
- air passenger duty
- greater income tax powers - could set rates and bands on non-saving, non-dividend income (e.g. earnings from employment, pensions and property income)
42
Q
4
Describe the constitutional significance of the Scotland Act 2016
A
- Scottish Parliament and Executive could only be abolished by referendum
- Westminster cannot abolish these bodies by an Act of Parliament
- suggests Scotland enjoys much more than devolution from UK than other devolved bodies - accentuated asymmetry
- creates quasi-federal state for UK
43
Q
6
Describe further devolution to Wales under the Conservatives since 2015
A
- Wales Act 2017
- Moved Wales to ‘reserved matters model’, akin to Scotland - could rule on any matter not reserved for UK Parliament
- As opposed to previous ‘conferred matters model’ - could only rule on what UK Parliament allowed it to
- Eroded asymmetrical devolution of UK
- Granted permanent status in UK constitution
- Changed name of ‘National Assembly for Wales’ to’ Welsh Parliament’ from 2020
44
Q
3
Describe the introduction of elected mayors under the Conservatives since 2015
A
- Introduced 6 new directly elected mayors and combined/regional authorities in 2017
- Will expand to 17 by 2025
- Hold varying degrees of independent power, such as over planning, transport and housing
45
Q
3
Describe the Elections Act 2022
A
- Photo ID required to vote in GE, local elecs and ref
- SV replaced with FPTP
- Electoral Commission (overseen party funding since 2000) now supervised by govt minister
46
Q
3
Describe the Early Parliamentary General Election Act 2019
A
- Circumvented FTPA 2011
- Only simple majority required
- Demonstrates parliamentary sovereignty - no parliament can bind its successors
