1.2- how the constitutitution changed under new labour

Question 1

what were the 4 key principles of new labours reforms?

Answer 1

• democratisation
• decentralisation
• restoration of rights
• modernisation

Question 2

why did new labour seek to reform the house of lords?

Answer 2

• significant proportion of the HOL were hereditary peers
• unelected therefore undemocratic
• conservative bias

Question 3

what did the 1999 house of lords act do?

Answer 3

• 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

Question 4

in what ways were the house of lords reforms positive and significant?

Answer 4

• 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

Question 5

in what ways were the house of lords reforms insignificant?

Answer 5

• 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

Question 6

how many failed attempts at abolishing the HOL have there been? and when were these?

Answer 6

• 3 failed attempts
• 2003, 2007 and 2012

Question 7

what are the arguments for the HOL being replaced with an elected second chamber?

Answer 7

• 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

Question 8

what are the arguments that the HOL shouldnt be replaced with an elected second chamber?

Answer 8

• 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

Question 9

what was kier starmers plan to reform in 2022? how has this changed recently?

Answer 9

• 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

Question 10

what legislation passed under new labour allowed for greater protection of rights?

Answer 10

• 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

Question 11

in what ways was the HRA significant?

Answer 11

• 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

Question 12

give an example that suggests that UK parliament/government respects the HRA?

Answer 12

parliament has a joint committee on human rights to scrutinse bills and ensure they comply with the HRA

Question 13

give an example of a time when parliamnet responded to a supreme court declaration of incompatibility.

Answer 13

• 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

Question 14

in what way might it be argued that rights reforms have been limited?

Answer 14

• 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

Question 15

give a recent example of when a declaration of incompatibility has been largely ignored by govt?

Answer 15

• 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

Question 16

what are the potential further reforms?

Answer 16

• 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

Question 17

what electoral reforms have been introduced?

Answer 17

• the introduction of devolved bodies has led to the implementation of varios PR systems
• voter ID’s

Question 18

what electoral systems are used under each develolved body?

Answer 18

• 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

Question 19

in what ways have electoral reforms been significant?

Answer 19

• where PR has been introduced there has been more proportional results and greater representation
• reforms recognise that FPTP is flawed

Question 20

in what ways are electoral reforms insignificant?

Answer 20

• FPTP remains as the electoral system for UK parliament (most significant election)
• parliament is sovereign

Question 21

when were devolved bodies introduced?

Answer 21

• 1999, after the 1997-1998 devolution referendums
• greater london authority was introduced in 1999

Question 22

intially what powers were awarded to each devolved body?

Answer 22

• 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

Question 23

how have the powers of each devolved body changed over time?

Answer 23

• scotland and wales have both gained significantly more powers
• the powers of the northern ireland assembly hasnt changed much

Question 24

in what ways has devolution reform been significant?

Answer 24

• 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

Question 25

what are the arguments that devolution has been insignificant/ problematic?

Answer 25

• 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

Question 26

what reforms to the supreme court were introduced?

Answer 26

• 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)

Question 27

in what ways were SC reforms significant?

Answer 27

• 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

Question 28

in what ways were SC reforms limited?

Answer 28

• 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

Question 29

what was the freedom of information act 2000 and what was it significant?

Answer 29

• 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

Question 30

how was the FOI act insignificant?

Answer 30

• 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)