1.2- how the constitutitution changed under new labour Flashcards
what were the 4 key principles of new labours reforms?
- democratisation
- decentralisation
- restoration of rights
- modernisation
why did new labour seek to reform the house of lords?
- significant proportion of the HOL were hereditary peers
- unelected therefore undemocratic
- conservative bias
what did the 1999 house of lords act do?
- reduced the number of hereditary peers from 777 to 92
- left 26 bishops
- From 2000 the house of lords appointment commision began to nominate ‘life peers’ based on expertease
in what ways were the house of lords reforms positive and significant?
- removed the hereitary basis and the conservative majority
- life peers made the HOL more professional and has allowed them to more effectively restrain govt power
in what ways were the house of lords reforms insignificant?
- repeated failure at implementing the second stage (abolishing the HOL)
- still 92 hereditary peers and 26 bishops
- ex prime ministers are still able to make appointments which is problematic
how many failed attempts at abolishing the HOL have there been? and when were these?
- 3 failed attempts
- 2003, 2007 and 2012
what are the arguments for the HOL being replaced with an elected second chamber?
- HOL is fundementally undemocratic
- being elected would provide a greater scrutinising ability
- if the second chamber was elected using PR then it wouldnt have a majority and would challenge the elective dictatorship of the commons
- if elected through PR the second chamber would be more representative
what are the arguments that the HOL shouldnt be replaced with an elected second chamber?
- an elected chamber could claim democratic legitimacy and may result in legislative gridlock
- would lack the expertease of current life peers
- problems with appointments could be fixed without abolishing the HOL
- the current balance is working, HOL is effective as a revising chamber
- elected chamber would be more conserned with party politics
what was kier starmers plan to reform in 2022? how has this changed recently?
- in 2022 Kier Starmer announced plans to replace the HOL with an elected chamber
- in 2024 they have revoked this saying instead they will implement reforms to the lords
what legislation passed under new labour allowed for greater protection of rights?
- 1998 HRA- enshrined the european HRA into UK law (effective from 2000), meaning that rights could be defended in UK courts.
- 2000 sexual offenses act
in what ways was the HRA significant?
- often argued that the UK has developed a ‘rights based’ culture - parliament scrutinses legislation to ensure it complys with the act
- declarations of incompatibility
- the main source of rights
give an example that suggests that UK parliament/government respects the HRA?
parliament has a joint committee on human rights to scrutinse bills and ensure they comply with the HRA
give an example of a time when parliamnet responded to a supreme court declaration of incompatibility.
- A vs secretary of state for the home department ruled parts of the Crime and security act 2001 was incompatible as it discriminated on the grounds of nationality and immigration status
- the prevention of terrorism act 2005 was ammended as a result
in what way might it be argued that rights reforms have been limited?
- gives judges too much power
- can easily be repealed through an act of parliament
- courts can only make declarations of incompatibility
- could be argued that the HRA places too much emphasis on the individual rather than society
give a recent example of when a declaration of incompatibility has been largely ignored by govt?
- The illegal immigration bill (rawanda bill) 2023
- SC declared the scheme was unlawful as rawanda was not a safe country
- in december 2023 the govt introduced the safety of rawanda bill
what are the potential further reforms?
- british bill of rights: would make it easier to deport foreign criminals
- remove the last hereditary peers and lord spirituals
- replace the lords with an elected chamber
- codification
what electoral reforms have been introduced?
- the introduction of devolved bodies has led to the implementation of varios PR systems
- voter ID’s
what electoral systems are used under each develolved body?
- scottish parliament and welsh assembly uses AMS
- STV has been introduced in the northern ireland assembly
- SV WAS used in the london mayoral elections, this recently changed to FPTP
in what ways have electoral reforms been significant?
- where PR has been introduced there has been more proportional results and greater representation
- reforms recognise that FPTP is flawed
in what ways are electoral reforms insignificant?
- FPTP remains as the electoral system for UK parliament (most significant election)
- parliament is sovereign
when were devolved bodies introduced?
- 1999, after the 1997-1998 devolution referendums
- greater london authority was introduced in 1999
intially what powers were awarded to each devolved body?
- scotland: service devolution They got the most powers due to their significant nationalist movement.
- wales: administrative devolution due to low levels of support
- northern ireland: service devoution
how have the powers of each devolved body changed over time?
- scotland and wales have both gained significantly more powers
- the powers of the northern ireland assembly hasnt changed much
in what ways has devolution reform been significant?
- creates governments closer to the people, therefore improving democracy
- reduces sovereignty of UK parliament
- Northern ireland devolution has restored peace
- helps to keep the UK together
what are the arguments that devolution has been insignificant/ problematic?
- UK parliament has kept sovereignty
- asymmetric devolution, limited devolution within england
- created tensions between different parts of the UK - e.g covid
- west lothian question
what reforms to the supreme court were introduced?
- constitutional reform act: created an independent SC
- previosly the SC sat in the HOL as law lords (came into force in 2009)
- reduced the power of the lord chancellor (previosly speaker of lords, head of the judiciary, minister)
in what ways were SC reforms significant?
- brought the UK in line with the rest of europe
- changing the role of lord chancellor, made the lords more neutral and independent
- sc is phisically seperate from the other branches
in what ways were SC reforms limited?
- the SC still lacks the power to strike down acts of parliament
- lord chancellor still has a limited role as they can once reject a candidate
what was the freedom of information act 2000 and what was it significant?
- allows jornalists and members of the public to request documents from public bodies allowing for greater scrutiny
- bodies can deny the request if it is a threat to national security
- can deny the request if it would take one person more than 18 hours to gather the information
how was the FOI act insignificant?
- too weak as governments can turn down requests: threatens national security or takes one individual more than 18 hours to collect the information
- makes it more difficult for ministers to discuss controvercial matters (tony blair regrets passing the act for this reason)
