1.2 the Development of the constitution since 1997 Flashcards
the blair government 1997-2007
constitutional reform programme
4 points
- decentralisation: devolution
- democratisation: HoL reform, public referendums on important issues
- transparency: freedom of information act, role of senior judiciary reform
- rights protection: committing to incorporating the ECHR into british law.
the blair government 1997-2007
devolution
1997
1997
- referendums in scotland and wales over whether they wished to have their own elected governments. Scotland voted by a large majority, wales by a tiny margin
- resulted in the scotland and wales acts of 1998
the blair government 1997-2007
devolution
1998 (GFA)
1998 Good Friday Agreement
- Northern Ireland voted in favour of power sharing between unionists and republicans in a devolved assembly. This was so:
- policies would be more suited to the needs of these countries
- integral part of the peace process.
Devolution
effect of devolution on Scotland, Wales, and then Northern Ireland and England.
- Scotland and Wales devolved bodies has meant a significant power development
- in NI, the difficulty of sharing power between republicans and unionists has undermined success.
- In England, further devolution was halted in 2004 when the North East rejected proposals for a regional assembly by 78% to 22%
Devolution
elected mayors: examples and effects
- 1998: London voted for a Greater London Authority meaning an elected mayor of London and a London assembly, which can veto the mayor’s proposals with a 2/3 majority.
- Eg. Local Government Act 2000 enabled authorities to offer their voters a referendum on whether they wanted directly elected mayors
Devolution
debates over eleted mayors (:))
- they encourage greater accountability
Devolution
debates over elected mayors (:()
- failed to reinvigorate democracy: Eg. 2021, Andy Burnham was re-elected in Greater Manchester on a turnout of 34.7%
House of Lords reform
1999
government introduced legislation to reform the HoL.
- blair removed the right of hereditary peers to attend. 92 hereditary peers were elected who would continue to sit in the HoL as a compromise.
- was supposed to be the first stage in reform, but no elected element was ever introduced…
House of Lords reform
2000
- House of Lords Appointment Commission established, which would nominate a small proportion of crossbench life peers.
- the HOLAC scrutinises these appointments and can publicly express disapproval.
House of Lords reform
critics say
- most life peers are still appointed on the reccommendation of the PM, encouraging cronyism.
- the reccommendation process means the HoL is too large. Eg. 2022 January, there were 771 members of the HoL, and this could increase since there is no limit.
House of Lords reform
elected house of lords damaging consequences
- commons will always prevail because it has democratic legitimacy
- if both were legitimate, there would be gridlock
- if a party won majorities in both houses, scrutiny would be reduced
- life peers are much less influenced by the whips to follow party policy, this ensured the Lords provides a resevoir of independent thinking
house of lords reform
supporters of an appointed Lords argue
- life peers can resigne as of House of Lords Reform Act 2014 or be removed if they fail to attend.
- Eg. As of Feb 2022 146 peers had retired and 8 had been removed.
Electoral reform
1997 election effect on Blair’s ideas of electoral reform
- huge majority reduced his enthusiasm, since he benefitted from it greatly.
- the governemnt ignored Roy Jenkins’ reccommendation that FPTP should be replaced by a form of AV.
- critics have argued Blair’s government put political expediancy before principle
Human Rights Act
What did it do?
- incorporated the ECHR into British law.
- important because it stated the rights British citizens can claim. It provides the judiciary with important new powers to protect rights
Human Rights Act
when has it been used?
iraq, gay.
- Laporte Case 2006 Article 8, the right to private life and 10, the right to freedom of expression, were used to show police acted illegally when they stopped 120 anti-iraq war protestors from reaching RAF Fairford in 2003
- HJ and HT v. Home Office 2010 Lord Hope claimed it was wrong of the Home Office to deny asylum to 2 gay people trying to escape persecution. This went against the HRA.
Human Rights Act
what does it mean for public bodies? what does it mean for parliament
- public bodies are expected to act in accordance with the HRA
- when parliament legislates, it should do so in accordance with the principles of the HRA
Human Rights Act
Anti Terrorism, Crime and Security Act 2001
++ results
- judges issues a formal statement of incompatability, declaring the ATCSA was contrary to article 14, freedom from discrimination, of the HRA since foreign suspects were being treated differently to British suspects
- (the act allowed for indefinite detention of foreign terrorist suspects)
- good? except…
Human Rights Act
Prevention of Terrorism Act 2005
- allowed the government to limit the freedom of movement of all terrorist suspects through gun control orders
- (immediately enacted after the Anti-Terrorism, Crime and Security Act was deemed incompatible with the HRA
Human rights act
Blair, 9/11, and the HRA.
- following 9/11, Blair suspended Article 5, the right to liberty to keep foreign terrorists suspects in custody without charge: this is because Article 15 of the HRA gives the government the right to suspend or derogate from certain provisions.
Supreme Court
Constitutional Reform Act 2005
- ended the HoLs judicial function
- established the Supreme Court in 2009
- lord chancellor’s right to nominate judges transferred to the Judicial Appointments Commission which makes recommendations to the justice secretary
- Lord Chancellor’s role presiding over the HoL removed and the new head of the judiciary became non-political lord chief justice.
Coalition government: Fixed Term Parliament Act 2011
what did it do? What were the downsides?
- legislated a general election should be held 5 years after the last general election. Made it more difficult for a PM to call a snap election for political advantage at a time of their choosing.
- BUT: allows a genny lec if a gov loses a vote of confidence, or 2/3 of the commons agreed to one.
- Eg. 2017/2019 Boris Johnson and Theresa May were able to call early general elections because they gained neccessary support
- repealed in 2022 impact not far reaching
Coalition government: electoral reform
coalition agreement and the 2011 referendum
- part of it was they had to hold a referendum to replace FPTP with AV in 2011
- opponents successfully portrayed it as complicated and lacking in transparency
- 68% vs 32% in favour of retaining FPTP, 42% turnout
- critics say Clegg should have negotiated a refernedum on AMS or STV systems
- this put back the case for electoral reform
Coalition government: parliamentary reform
the reccommendations of the Wright Committee 2009
- parliamentary Backbench Committee established
- membership of select committees would not be elected by MPs in a secret ballot (previously the whips)
- e-petitions introduced (100,000)
Coalition government: further devolution
decentralising power important to the coalition
2011: Wales voted in favour of its assembly being given primary legislative power in some areas
- enacted in Wales Act 2014, 2015 Wales were given income tax varying powers
- further devolution in Scotland: right to vary income tax by up to 10p, the Scottish government was also given the authority to borrow up to £5b.
Coalition government: commissioners
elected police and crime commissioners
- police and crime commissioners would be accountable to the public for regional policing.
- the turnout in elections for police/crime commissioners has generally been so low they lack a mandate (Eg. HIGHEST national turnout for these elections in 2021 was Dyfed-Powys police at 50.6%)
power of recall
Recall of MPs Act 2015
- constituents can demand a by-election if an MP was sentenced to prison, suspended from the HoC for a minimum of 10 sitting days, or convicted of making ‘false or misleading’ parliamentary allowance claims
- 10% constituents must sign
Coalition government: recall
recall examples
- 2019: Pterborough MP Fiona Onsanya sentenced to 3 months in prison for perverting the course of justice. When 25% of registered voters demanded her recall, she was removed and didn’t stand in a by-election
- 2019: MP got Brecon and Radnorshire, Chris Davies, convicted of making fraudulent expenses claims for his constituency office redecoration. 19% of registered electoras signed a recall petition, prompting a by-election.
Conservative Governments, 2015-2024
CAMERON: EU
- committed to promising an ‘in/out’ referendum due to UKIPs support
conservative governments (2015-2024)
Theresa May
- in favour of devolution, elected mayors were introduced without referendums in the West Midlands, Greater Manchester, West of England, Tees Valley, Cambridgeshire and Peterborough, and Liverpool City Region.
- Eg. 2016 Greater Manchester’s Mayor became responsible for a £6b social care and health budget.
- BUT: Eg. Bristol abolished its elected mayor after 10 years.
conservative governments (2015-2024)
EVEL
- english votes for english laws
- 2015: Legislative Grand Committee, members of which reflected the composition of parties in England and its consent for legislation that only affected England
- abolished in 2021
