1.2 How the constitution has changed since 1997

Question 1

Give 2 factors contributing to the pressure for constitutional reform in the 1990s

Answer 1

1. Demand for modernisation

2. The experience of conservative rule, 1978-97

Question 2

Elaborate on ‘demands for modernisation’ factor contributing to pressure for constitutional reform in the 1990s

Answer 2

• Blair’s New Labour Party supported constitutional reform as a way of modernising British institutions
• More open to demands of pressure groups like Unlock Democracy; wanted more democracy and stronger guarantees of citizens’ rights

Question 3

Why did Blair’s government embrace constitutional reform?

Answer 3

• Didn’t expect to win a majority in 1997 election

- They could join forces with the Liberal Democrats in the event of a hung parliament; supported constitutional reform

Question 4

Elaborate on ‘the experience of conservative rule’ factor contributing to pressure for constitutional reform in the 1990s

Answer 4

• Party refused to undertake constitutional reform
• Helped to build up pressure for change, especially in Scotland; population felt ignored by distant government in London

Question 5

Describe reforms made to the House of Lords under Labour (1997-2010)

Answer 5

• Labour initially planned to remove all hereditary peers
• All but 92 hereditary peers lost their right to sit in the Lords; compromise with conservatives as most hereditary peers were tories
• Modern appearance to Lords
• Peers appointed based on merit and experience; no dominant position
• From 2000, a House of Lords Appointments Commission was established to nominate non-partisan peerages
• However, PMs / other party leader continued to make political appointments; ongoing disagreements on reforms over the Lords

Question 6

Describe electoral reform under Labour (1997-2010)

Answer 6

• PR was introduced for elections to Scottish Parliament, Welsh Assembly, NI Assembly and European Parliament
• Labour was unsure if they could win a majority under FPTP in the run up to 1997 election; many believed FPTP benefited the Conservatives
• Labour established the Jenkins Commission to recommend a new electoral system for elections to the Commons

Question 7

Which electoral system was advocated for by the Jenkins Commission, but why was this system not implemented?

Answer 7

• AV+ advocated by the commission

- Never implemented; argued that it was because Labour started to see benefit of FPTP

Question 8

Where did Labour implement PR systems?

Answer 8

1. Scotland
2. Wales
3. Northern Ireland
4. European Parliamentary elections

Question 9

What happened which resulted in devolved bodies being created for Scotland, Wales and Northern Ireland?

Answer 9

Referendums (1997-98)

Question 10

Describe the ‘West Lothian Question’

Answer 10

Lothian Question’

• Anomaly of devolution
• Scottish MPs at Westminster were able to vote on purely english matter, yet english MPs had no influence over issues devolved to the Scottish Parliament

Question 11

Why was financing devolution so controversial?

Answer 11

Due to the Barnett Formula

Question 12

What is the Barnett Formula?

Answer 12

Determines relative public spending levels for component parts of the UK based on population

Question 13

Why is the Barnett formula considered as unfair towards England?

Answer 13

Scotland, Wales and Northern Ireland receive more spending per head than England

Question 14

Labour has proposals for regional assemblies, however why weren’t they implemented?

Answer 14

2004 referendums on creating an assembly for the North-East was rejected 78% to 22%

Question 15

What did the Human Rights Act 1998 incorporate for the first time?

Answer 15

The Act incorporated the European Convention on Human Rights (ECHR) into UK law for the first time

Question 16

Give 3 rights that were enshrined by the Human Rights Act 1998?

Answer 16

It enshrined rights such as:

1. Those to a fair trial
2. Freedom from slavery and degrading treatment
3. Respect for privacy and family life

Question 17

What did the Human Rights Act 1998 make illegal?

Answer 17

The Act made it illegal for the government, public bodies and the private sector to breach one’s human rights
Parliaments could still, however, pass laws breaching the Act and judges could declare a law incompatible with the Act they couldn’t strike down; retains parliamentary sovereignty

Question 18

What did the Human Rights Act 1998 allows UK citizens to do if there was suspected cases of breached human rights?

Answer 18

UK citizens could take suspected cases of their human rights being breached to UK courts for the first time

Question 19

What was established 4 years after the 2005 Constitutional reform Act?

Answer 19

Supreme Court

Question 20

Explain how the development of the Supreme court is an example of separation of powers

Answer 20

The idea that the different branches of government (law-making and judicial in this case) should be independent of each other

Question 21

What is the Supreme court?

Answer 21

Highest court of appeal in the UK for civil cases, and (except Scotland) for criminal cases

Question 22

What was the reasoning behind the Conservative and Liberal Democrats plan to embark on constitutional reforms as a coalition government?

Answer 22

To further modernise the UK constitution

Question 23

Despite the 2010 coalition agreement including a number of areas for reform, why were they not implemented?

Answer 23

Due to disagreements which would grow up during the 2010-15 Parliament

Question 24

Since governing alone since 2015, which 4 areas have the Conservative party pursued limited constitutional reform?

Answer 24

1. House of Lords reform
2. House of Commons boundary reform
3. Electoral reform
4. Rights