3.1.1.1 The nature and sources of the British Constitution - Labour Constitutional Reform (Tony Blair) Flashcards

1
Q

Labour constitutional changes

A
  • Towards the end of the 20th century there were more calls for constitutional change.
  • An 18-year period in opposition made Labour commit to constitutional reform.
  • Labour aimed to do 4 things:

–> Modernise the UK system including Parliament;
–> Improve* democracy with referendums & electoral reform;*
–> Devolution to give powers to Scotland & Wales
–> Strengthen citizens’ rights.

  • Most key constitutional reforms were carried out in Blair’s first term, 1997-2001, and reform to the judiciary was carried out in 2005.
  • The impact of the economic crisis meant little change happened under Brown.
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2
Q

what did labour achieve for constitutional reform

A

Rights:
- Human Rights Act 1998.
- Freedom of Information Act 2000.

Devolution:
- Scottish Parliament created.
- Northern Ireland Assembly created.

Welsh Assembly created:
- Elected mayor of London and a London Assembly.
- Elected mayors in some other local areas.

Electoral reform:
- New electoral systems in devolved assemblies, for the EU & for mayors.

Parliamentary reform:
- House of Lords Act 1999.
- Only limited reforms to the House of Commons.

Judiciary:
- Constitutional Reform Act 2005.
- UK Supreme Court opened in 2009.

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3
Q

in what 7 areas did labour implement const reform during their time in power

A
  1. rights
    - human Rights Act enshrined most of the provisions of the European conventions on Human rights (right to life,
    freedoms, lifestyle etc) and compatible with ECHR
  2. devolution
    - transfers of certain executive powers and leg powers from central gov to subnational institutions; devolved bodies have different powers and distinctive features
  3. regional and local government
    - new directed mayor of london eg. they are granted significant powers (eg environment and transport); elected mayor model extended within 17 mayors nationwide
  4. electoral reform
    - recommended replacing FPTP with alternative vote plus –> proportional top up, unable to atc on a central recommendation
  5. lords reform
    - abolished rights of all but 92 hereditary peers that sit and vote in the upper house
  6. commons reform
    - Gordon brown aimed to limit the executives power –> 2009 reform in HoC with tony wright committee
  7. judiciary
    - lord chancellor is apart of all branches of gov: impartiality??
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4
Q

3 successes of labour with rights

A
  1. ensures the rights of individuals and makes them separate/protected from parliament
  2. all bills introduced at west minister/devolved assemblies are reviewed by lawyers to ensure HRA compliance
  3. freedom of information act 2000 allowed several facts to come to light
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5
Q

3 failures of labour with rights

A
  1. if parl passes a law that is not HRA/ECHR compatible, judges cannot overturn due to Psov
  2. parl created control orders (limited movement of suspected terrorists against article 5 in light of 9/11)
  3. ministers can veto applications for FOI 2000
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6
Q

3 successes of labour with devolution

A
  1. reduced support for the pro-independence SNP
  2. peace in NI by forcing unionists and nationalists together in an assmebly
  3. devolution has enhanced democracy and provided more opportunities for political participation
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7
Q

3 failures of labour with devolution

A
  1. devolution has been mixed in NI and power sharing government has fallen apart
  2. scottish independence still wanted and threatens UK stability
  3. Scottish mps can vote on any english matter but not E for them –> S NI and W receive more spending per person (etc education) and there are unequal levels of footing
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8
Q

3 successes of labour with regional and local government

A
  1. spread powers around the country –> regional devolvement
  2. mayor of London is an important political position London (second mayor becomes PM, BJohn) 2000
  3. acts of P 2007 and 2011 give them more power on housing, waste, environment and economic development
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9
Q

2 failures of labour with regional and local government

A
  1. keen to extend model beyond london, but rejected in the NE
  2. many areas repealed the use –> patchwork system
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10
Q

3 successes of labour with electoral reform

A
  1. other systems were adopted for devolved institutions and other elections (S,NI,W) –> AMS for london assembly, S, W
  2. introduce prop R
  3. for elections in the European Parl, closed regional party list
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11
Q

2 failures of labour with electoral reform

A
  1. no fundamental changes made as a lack of collective agreement
  2. labour did not change it as it was favourable –> they could win FPTP
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12
Q

3 successes of labour with lords reform

A
  1. HoL 1999: all but 92 hereditary peers abolished
  2. modernised HoL and ended tory domination of it
  3. now appoint lords based on merit and limits privilege
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13
Q

2 failures of labour with lords reform

A
  1. split in parl on how reform should go –> Hoc = partially/fully elected
  2. tony blair scandals –> several men nominated for peerages by tony blair had donated large amounts of money to the labour party in 2006-2007
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14
Q

successes of labour with commons reform

A
  1. petitions committee: select issues for debate suggested by public –> wright committee 2009
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15
Q

4 failures of labour with commons reform

A
  1. many changes had little to no significance
  2. tangible progress made by the global financial crisis
  3. 2x15 minute questions now become one 30 minute session –> PM less responsive to HoC
  4. labour aren’t elected next GE, so many reforms aren’t enacted
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16
Q

2 successes of labour with the judiciary

A
  1. constitutional reform act 2005 –> highest court (supreme) removed the judicial role from the HoL and reduced Lord chancellor power
  2. reduced LC power by making the role the justice secretary; no longer HoL speaker or head of J
17
Q

2 failures of labour with the judiciary

A
  1. supreme C can not strike down leg due to Psov
  2. justice sec can reject a spot on the SC, controls whose on it