3- Constitution And Reform Flashcards
Scotland turnout
60.1%
Blair quote devolution
‘Let scotland and wales do what they do best locally. Let the UK do what it is right to do together’
How did devolution impact labour party long term
Scotland
Snp replaced labour
Used its influence to successfully press for a scottish independance referendum in 2014
Scotland acts passed
Scotland freedom of information act 2002- compared to 2010 in westminster
Didnt introduce tuition fees, free tuitionn for scottish residents
2016 scottish gov ended the right of council tenants to purchase the houses they live in
Scotland was the first member of the uk to ban smoking in public places
Potential reason why scottish independance failed
Two days before the referedum with leave and remain tying, daily record published on the front page the commitment of three main uk party leaders to greater devolution for scotland in the event of a remain victory
Scotland independance turnout
84.6%
Scotland independance vote
55.3% no, 44.7% yes
After scotland independance refferendum what set up
Smith commission established
Reccommended that significant new powers be devolved to the scottish parliament and executive
Formed basus of scotland act 2016
Changes under scotland act 2016
Varying the rate of income tax by up to 10p/pound
Having the right to receieve 50% vat gathered in scotland
Determining abortion laws
Deciding air passenger duty
Determining speed limits
Quote devolution post scotland 2016 act
‘Scotland now enjjoyes more than just devolved powers and that the UK is much closer to becoming a quasi-feudal state’
Diff before and after scotland referendum- general election
Snp- 2015- 50%
Snp- 2017- 36.9%
Devolved bodies eu referendum
Scotland and ni remain
Engladn and wales leave
Party support in wales
South, english- speaking - labour supporters
Welsh- welsh speaking- plaid cymru
Increased devolution in wales
Wales act 2014
Control of no of taxes- stamp duty, land and landfill tax
Change no of welsh assembly gov to welsh gov- symbolise its significance
Why is stv used in ni
To provide as much choice for the electorate as possible
Make more diff for one party to dominate
Examples of conflicts ni - republicans and unionists
2017- assembly was again suspended and direct rule was imposed from westminster when dup refused to support nationalist demands for an irish language actq
Constituton
A set of rulees that govern how a politcial system should operat
Esets out powers and responsibilities afforded by teh 3 branches of power
Codified`
Set out n single document, rules, rights and ammendments together
Al but 6 countries have one inc uk
Uncodified
Uk
Spread across range of documents and other sources
Influenced by tradtion, convention and practisies
Federal
Soveregnty shared w two or more levels of gov each with independent powrs and responsbilites
Eg uk
Unitary
Soverignty resides withh central national gov
Local gov little independant power
May grant regions with politicl power but not gaurenteed by consititution and can be removed by central gov
Eg uk
Entrenched
Change is more challenging
Esp codified constitutions
Unentrenched
Easier constitutional change
Adaptable to changing political culture and demands
Iften simple parliamentary majority min requirement
But if major0- modern convention puut to ref
Diceys twin pillars
Uk constitution is founded on two pilllars- parliamentary soveriegnty and rule of law
Parliamentary soveriegnty and ultimate source of authorty
Courts cannot overthow legislatoino
Rule of law- equaliity before the law, all subject wiithout prejudce
Sources of constitution
Statute law
Convention
Authoritative works
Common law
Treaties
Customs
Statute law
Primary written aspects of consttution
Acts of parliament define uk constitutional agreements
Parliament acts, hra, cra
Conventions
Non legal rules that are considered binidng- traditions
Eg, collective responsivility,pm leader of commons majority
Authoritative works
Written by notable authors and academics, estabilishing principles over long time, providing clairty over uncodified/unwritten practises
Eg, bagehot and the englsh constitution 1867
Common law
Legal principles and precedents set and applied by courts
Aim to create precedents where none exist, so that application in future cases s consistent
Treaties,
More so when part of eu- eu law takes precedemce
Lisbon treaty, maastricht
Nato
Customs
State opening of parliament
Nature of consttution
Parliamentary soveriegnty
Rule of la
Wunitary
Unentrenched
Uncodified
Devolution under new lab
Devolution in nscotland wales and n
Varng legisative powers and limited fnancila powers
Quell snp populatrity, unite unionists and republicans ni
Creation london assemblu and mayors
Promised further regional devolution in england0 abandoned folow reejection on ne ref
New directly elected mayors created in a handful of towns
Significance of devolution under new lab
Scotland- growth in nationalist sentment- ‘independent characters’- undermne parliamentary soveriegnt6y
Wales less visable nation w/in union, led to growth in ‘welshness’ and increase influence of palid cymru
Ni- devolution part of peace process0 v exec dominated
Stormont suspended over period of time
Ni and scot bality to control socal security spending, ni corporatin tax to varying tax amounts
Coalition years devolution
12 refs held on english mayors
Evel pledge not enacted- english votes for english laws
Further devolution to scotland and wales- eg wales landfill tax and some more fiscal policy measures
2014 scot independance ref following snp majority win in 2011 election
Coalition years devolution significance
Westminster lost more legislative control over scotland and was challenging parliamentary soveirgnty
No conceerte measure for evel other than set up mckay commission- proposed introducing parliamentary convention on issue
All but 1 bristol mayroal ref sucess
Scotland almost voted yes in last week- huge change to constiitution
Post 2015 devolution
Further devolution scot and wales
Evel established new legislative stage
Sig of post 2015 devolution
Evel highliy complex and rarely used but creates seperate status for english mps
Eg. Used jan 2016 housing bill
Parliament new lab reforms r
Removed al but 92 heredtary peers- stage 1
Set up lords appontemnt to nominnate non parisan peers
Wrght com to recommend select comm reforms
Alter format pmqs and attempt to make parliament sittng times more family freindly
Parliament new lab reform significance
Remove almost all major part of lords membership- lack further reform
Peoples peers sometmes apointed- little coverage and virtually unknown today
Pmq more focused in amount of time giveen
Wright comm- noot acted upon by laws, bbackbenchers more of a role and whips power reduced
Coalition reforms to parliament
80/20 elected appointed upper house, use stv, stagger elections, end hereditary principle- dropped due to alck of con support
Fixed term palriament act- remove pm prerogatove power to call an election
Follow through wright comm proposals- elected sc chars
Hol reform act 2014- can retire, can be expelled for no attendance in a session`
Coaltion reforms to parliament siginficiance
Lack of actual lords reform insignfcant
Ft Parliament act.- strnegthen palriamentary sovereiignty- mps approve last 2 snap elections
Select comm seen as alternatoive career path for mps- esp if unsituable to gov
Post 2015 reform to palriament
Repeal ft palriament act
Judiciary reforms new lab
Hra- encorperate echr into law
Foi- requests for infoo from public bodies
Cra- r3eform judicial stucture, create new sc, lord chancellors role and estabilisj judical ppointments comm
New lab reform judiciary signiifance
Hra- rights culture created- enshrine key hr- increase power to judciciary
Judges cannot strike down legislatuion and parliament could revse hra- preserve parliamentary sovereignty
Foi sig step for transparentcy0 can be refused on securty and cost
Cra- rmeove lord chncellor key appointment functions and seperate judiciary from parliament
Not change law lords role - 0move into new building
Coalition changes to judciary
Conn manifesto plegde to enact ‘british bil of rights’
Watered down by ld who established comm to consider issue- no consensus reached`
Votng and direct democracy- new lab
Set up jenkins commission to propose further voting system for ge, to be put to public in ref
Av proposed but no ref
Pr intro into devolved and eu bodies
More ref held uring this moment than before
Significance of new lab voting and direct democracy`
Jenkins comm no real reform took place
New voting system counter fptp tradition
Give smaller parties more of a chnace, and increase public invlvedment
Low turnout in mayoral referendums
Coalition voting and direct democracy
2011 av referendum deal breaker for ld enter into coaltion
Reuction in no mps to 600 with boundary review
Epetition set up wit h quota of public signatureies gaurentee gov repsonse and parliamentary debate
Proposed open primaries for saffe seats- pans droppped due to cost
Power of recall introduced
Police and crime commissioners elected- using sv
Sig of changes passed by coalition voting and direct democracy
Av rejected and statistica;y more disproportionate than pr
Boundary review never took pacce
Epetition gained strong support
Policie elections seen as politicising police but added level of popular partciipation using non fptp system
Post 2015 refeorms to voting and direct democracy
Boundary review and changes have occured ready for 2024 ge
33rd national referdnums over brexit- eu withdrawal act 2018- absorb eu law
Voter id laws- greater restrictions
Mayoral elections no longer sv
Should the uk codify ts constition
Parliamentary soveregnty
Public support/benefit
Legtmacy and transparency vs practicalty
Should uk codify- parliamentary soveregnty0 yes
Ps undermined by exec soveriegnty, courst- ensure long term health through codificiation
Conventions eroded too easily- 2015 hol vote aganst tax credt changes
Agaisnst sailsbury convention and issues around ministeral responsiblity
Proper constutional court would be able to enure consttutionality of legislation, increasing legitimacy of polictcal proceedings`
Codify consttion- no- parliamentary soveregnty`
Strong gconsttutional court created from codification would mean unelected and unaccountable judges have too much power
Uncodified consttution ensures ps- as easier to change, no hgher body of law
Public support/benefit- codification- yes
Greater political education and public respoect for democratic nstitutions
Clarify citizens riights and political powers better, esp those based in convention
Incluseion of an entrenchhed bofr would provisde stronger portection of workers, not givng gov room to test the baance of ‘what s possivle’
Public sipport/benefit- codification- n
No demand for codified constitution
Frew writtten constitutionss are self explanatiory and readable and exensiive iinterpretation
Much of consttution is currently written- with legislative details and authortative works providing guidence
Legitimcacy and transparency vs practicatility- codification- yes
Entrenchment would make the amendment process available but carefully ordered
Ammendments rare, popular and required
Recent reform programs politically motvated rather constitutionally necessary
Av, lords refrom, evel
Too much centralisation of power- no pure seperation, codified could ensure
Legtimacy, transparency vs practicality- codification- no
Process extrenly diff to ammend0 need to find consensus
Current flexiility means t can be changed easily and when necessariy
Evolutionary change seen in recent constitional programmes- could have potentially stalled with rigid and codified constution
Should conttutional reforms be taken further`
Devolution
Votng system
Hol
Hra
Devolution not gone far enough
Ni devolution helped end vilence through pwoer sharing
Calls scott indepnedence revved since 2016 brexit ref- feeling swishes of scot gnored- voted remain
Uneven devolution settlement is a ‘patchwork quilt’- w federal system providing greater uniformit6y
Devolution not taken further
Shutdown of stromont shows devolution not totlly solved ni divisions with some westmeinster intervention been required to ensure constunaliity of security
Has already modified a heavy centralised constitution- enabling to politicans to meet needs of poeple at more local level
Ne devolution shows no demand for regional devolution00- uniformty not best n uk
Voting system needs more refomr
Pr in devlolved bodies gve more poroportonal results
Westmibster clear under rep of smaller partes and over rep of major ones- lab, con, snp
Produce majority gov with minority of vote (eg 666 seat majority blair in 2005 wth just over 35% of votre)
Voting systems not taken further
Fptp delivers strong gov with c;ear mandate- presented mp- consttuent link
2011 av ref result and turnout suggests lttle appettue for refomr at westminster
Early scottish election showed pr doesnt mean better turnout
Hol needs more reform
Lords lack democratic legitmacy as no ii=one is leected- hereiditary principle outdated
Chambers too big and role not understood public
Elections ensure greater checks and balances on gov that can act too powerful
Clear electoral distiinctions- diff structure, term limits, stagger voters, givediff character
Hol does not need more reform
Based firmly on merit and expensive- not poplar consent
Already become more assertive in holding gov to account, wthout election
Elected chamber could mirror the comm- produce chamber of professional politicans, reducing experience or value
Hra- reform taen further
Hra not entrenched- gov can modify how t operates
Eg creation of control oreders in 2005
Liberties need strnegthening as can be scrapped with smple parliamentary majority
Hra not taken further
Already bought into uk law in line wiuth echr
Protects citizens irghts without threatening palriamentary soveriegty
Entrenched too far
Etv that constitutional reform has not gon efar enough and has not improved democracy in uk
Accountability, participation, representation
Democracy largely mproved— fulfilled criteria- above
Not gone far enough- hol- balir unfinished project, stramer committed to completing
Accountabiluty- yes- reform not far enough not improved
Recall of mps act 2015- diff to pass due to strict criteria- 10^% consttuency sign, only if mp in prison more than 12 months or supsended hoc for more than 21 dyas
Used infrequently- twice
Cra 2005- sc- ot signiicant chamge to democracy as law lords existed before
Accountability no- reform not far enough and not improved demoocracy
Sc allowd dispersal of power and greater independance- judciaoary appointment comm set up to nominate sc justices rather than lord chancellor
Create accountability against gov- 2020 dolan and ors v secreatry of state for health- lockdown restirctions unlawful- failed
Recall of mps act- ensures not used as personal vendetta, accountability between elections
Foi- 2000- rght of accesss to recorded info held by public bodies- 2009 expenses scandal and sky westminster accounts
Electoral comm 32001- result of political parties eelections and ref act 2000- monitor finances of parties, look over ref q- bias minimised
`
Participation- yes- refrom not far enough and not improved democracy
E petition 2011- high threshold- gov can still postpone or ignore- deter
Fptp demoralise smal parties
Participation- conttional reform not gone far enough and not improved- yes
Lack voter turnout— more that parliament system worsening- scandals and resignations- johnson 2020-22- 500 ministerial resignations))
Devolved bodies greater prartcpation as vote in local elections
Relevant policies passed- alcohol (min pricibg) act 2012- scotalnd- alcohlism greater ssues
Trunout devloved bpdies despite pr- 32012 welsh assembly trounout of 47% compared 2019 ge 67%
E petition increase participation- hhansard society audit of politcial engagemnet found 233% british public created ro signed e etition in last year
Reading online hansard increased 300% and parliamentary tv vewiing increase 900% according to pettions comm 20135
Epresentation- consttitional reform not gone far enough and not improved democracy-0 yes
No support for regional devolution- ne 20004- 78% agaiinst. 40% turnout
Wrright reform ineffective- figures such as jrm filibuster deebates in backbench business comm- limit abiility for balances debate and rep
Gov can ignroe sellect comm reports
Representation- reform not far enough and noot imporved democracy- no
Select com, mps elect rather than whips (not obedient so get selected for miinisteral appoiintments)) and paid so viable career
Bbcomm- important bills debated- forced adoption in uk and importance of refugee family reunions
National devolution ppilcar- ref on good friday agreement- turnout 81^% with support 71%
Hol reform 1999 decrease hereditary peers to 92, ncrease no life peers, signif ipact to society- scentist who pioneered ivf and fertility treatments
Hereditary v unrep- old wea;thy men limited contribution to society
Blair amined to create fully elected house- 2022- starmer annouce would contnue
Name of rwanda sc case
Aaa v sec of state for home dpt (2023)
Convention on devolved region
Sewel convention- uk gov not interfere in areas of devolved competence
Challenged with judicial review for seco fo state for scot decision prevent gender recognition billl passing
Sewel convention of last resort veto to block- disagree with scot opionion
Convention on speaker of teh house
Impartial
Bercrow not with brexit as sir jenkins highlighted ‘it is remarkable how often you please one lot and not the other lot’
Arguably sir lindsay hoyle also do so with gaza debate giving labour ammendment on snp opposition day
