1.4 debates on further reform Flashcards
when was the house of lords act and what did it do?
- 1999 got rid of hereditary peers making the house a more professional body filled with experts who will scrutinised legislation in a more useful way
1997 devolution
1997 and 1998 scotland and wales act decentralised parliamentary sov giving consitunet part more power to legislate
limits to 1997 devolution
- initial limited support from wales
- west lothian question and barnett formula werent ever adresses
- unentrenched so could be reversed by a new governnment
devolution 2010-2016
- asymmetry of the powers of Scottish and wealth parliaments meant there needed to be changed
- 2011 localism act allowed these counties to have greater legislative powers over what happens in their areas such as local referendums on council tax. and created mayors without a referendum in greater manchester, Liverpool
- 2011 wales voted in favor of the assembly being given primary legislative power. ratified in 2014 wales act
- 2016 Scotland act gave Scotland ‘devo-max’ power right to increase income tax and stamp duty
positives of devolution
- reduced top-down beurocracy
- power-sharing in northern Ireland helped to heal divisions.
- allowed for cultural identity and expression
- created a system that can evolve and modernise
for devolution being extended?
- less likely to make the UK break-up
- accepted and liked by millions
- it could address the West Lothian question
what is the Barnett formula?
England receives less funding per capita than constituent parts of the UK. having a devolved England parliament could change it
scotland spends 20% more than england
england is the most populated country recieves the least amount of funding
- soctland and northern ireland have been protected from millions worth of spending cuts
house of lords act
1999 removed hereditary peers and made it a life peerage
democratizing and modernizing the house making it more likely for peers to be labor or independent which changes the conservative nature of the house
making it more professional and expert scrutiny
increases scrutiny and holding gov to account
limits of house of lords act
- political patronage, PMS can appoint many peers who will continue their political ideology after they have left office
- didn’t go as far enough, was meant to be an elected house but never happened
human rights act
1998 first time that English citizens had positive rights that can be protect
drawn from the ECHR
helps the judiciary rule to protect civil liberties
decreases powers of the home and foreign office, Mi6 and Mi5 and the police
problems with the HRA
- unentrenched, could be removed with a simple majority and new act of parliament
- raab and give want to replace it with a bill of rights and removed ECHR
- parliamentary sovereignty means that supreme court declarations of incompatibility can just be ignored
electoral reform (new labour)
Jenkins report suggested that FPTP should be removed and replaced with a more proportional system
limits to new labour electoral reform
didn’t follow Jenkins report for FPTP to Westminster
judicial reform (supreme court)
2005 constitutional reforms act removed law lords from the HOL and put them in a separate supreme court
separating legislature from the law reducing the power that parliament can have
changes lord chancellor removing him for the head of the judiciary
limits to supreme court
- due to parliamentary sovereignty declarations of incompatibility can be ignored and MPS can do what they want basically
- when johnson pergoed parliament in 2019 the supreme court found him acting unconditionally but he just ignored it
