5.2 - The Development of the Constitution since 1997

Question 1

Why did Blair consider the British constitution in desparate need of repair?

Answer 1

Power was too centralised in Westminster.
Citizens rights were insufficiently protected.
The government was unaccountable .˙. the public were disengaged from politics.

Question 2

What were Blair’s main themes for constitutional reform?

Answer 2

• Decentralisation
• Democratisation
• Transparency
• Rights Protection

Question 3

Why did Blair consider decentralisation an important constitutional reform point, and how did Blair want to fix it?

Answer 3

Too much power was centralised in Westminster. (Thatcher)

Scotland and Wales were offered their own elected governments.
Cities and towns offered mayors.

Question 4

Why did Blair consider democratisation an important constitutional reform point, and how did Blair want to fix it?

Answer 4

There should be a greater usage of referendums on important constitutional reforms.

To encourage democracy, the HoL would be reformed.

Question 5

Why did Blair consider transparency an important constitutional reform point, and how did Blair want to fix it?

Answer 5

There is a lack of trust in government.

The senior judiciary would be reformed. Freedom of Information Acts would make the government more accountable.

Question 6

Why did Blair consider rights protection an important constitutional reform point, and how did Blair want to fix it?

Answer 6

There was a lack of human rights protection.

Incorporation of the European Convention on Human Rights (ECHR) into UK Law.

Question 7

What was Labour’s flagship constitutional reform in 1997?

Answer 7

Devolution.

Question 8

How many peers were eligable to enter the Lords in 1999?

Answer 8

1330.

Question 9

Why did hereditary peers undermine legitimacy of the HoL?

Answer 9

They were completely unelected, attending simply because they were aristocratic.

Question 10

What compromise did the Government make to persuade the HoL to accept reform?

Answer 10

Allowed hereditary peers to select 92 peers to remain in the HoL.

Question 11

Why did Labour want to reform the HoL in 2000?

Answer 11

The government wanted it to be a more professional body by ensuring membership was based on merit and accomplishment rather than hereditary status.

(Also 40% of the Lords were Conservative prior to reform)

Question 12

Why have the HoL reforms been criticised?

Answer 12

Despite greater expertise, it still lacks democratic legitimacy.

Most life peers are appointed by PM, meaning political patronage becomes the main factor for appointment.

Question 13

What scandal happened as a result of the HoL reforms in 2000?

Answer 13

‘Cash for Honours’

Question 14

Why did Tony Blair recant on his interest for electoral reform?

Answer 14

His massive parliamentary majority in 1997 reduced his enthusiasm for reform.

Question 15

How did the Labour government look into changing the voting system?

Answer 15

Tasked Roy Jenkins (founder of the SDP) to investigate alternatives to FPTP.

It ignored the final recommendation.

Question 16

How did Labour enact the suggestions in the report to change from FPTP?

Answer 16

They did deice to adopt new electoral systems for the newly devolved assemblies.

Question 17

Why was the HRA so important?

Answer 17

For the first time, it positively stated the rights that British citizens could claim.

Question 18

What did supporters of the HRA act claim?

Answer 18

• Provided the judiciary with powers to protect civil liberties.
• Public bodies are now forced to act in accordance with the HRA.
• Parliament should legislate in accordance with the HRA.

Question 19

Why is it important to not exaggerate the rights of the HRA?

Answer 19

It is still an Act of Parliament.

.˙. Parliament maintains the ability to repeal the Act.

Article 15 of the HRA gives the government the right to suspend certain of it’s provisions.

Question 20

Where have the limitations of the HRA been illustrated?

Answer 20

The Belmarsh Case 2004.

The Blair Government suspended the right to liberty to keep foreign terrorist suspects in custody without charge.

Question 21

What was the final major constitutional reform of Blair’s government?

Answer 21

Constitutional Reform Act 2005.

• The HoL is no longer a judiciary.
• Opening of the Supreme Court.
• Judicial Appointments Committee makes recommendations to the justice secretary on appointment of judges.
• The new head of judiciary is no longer a political figure.
• Creation of Lord Chief Justice.

Question 22

Why did Gordon Brown’s government not make any real constitutional change?

Answer 22

It was preoccupied with confroning the global economic meltdown of 2008.

Question 23

Why did Cameron have to be more open to constititional change than previous Conservative PM’s?

Answer 23

The Liberal Democrats (committed to updating the Constitution) were in coalition with the Conservatives.

Question 24

What was the major constititional reform that the coalition government made?

Answer 24

Fixed-term Parliament Act 2011.

Question 25

Why was the Fixed-term Parliament Act 2011?

Answer 25

A general election should be held exactly 5 years after the previous.

Snap elections became much more difficult to call.

If the government loses a vote of no confidence or the Commons agrees to a General Election by 2/3 majority a GE can be called.

Question 26

What happened to the Fixed-term Parliament Act 2011?

Answer 26

It has since been repealed.

Question 27

Why did both the Conservative and Labour parties vehemently oppose electoral reform?

Answer 27

They are the biggest benefiters from FPTP.

Question 28

What was the main price that Cameron had to pay for coalition with the Liberal Democrats?

Answer 28

Offer a referendum on AV?

Question 29

What did critics of Clegg state about his AV referendum?

Answer 29

He should have asked for the AMS or STV. (The former still includes a FPTP element)

Question 30

What was the coalition’s most positive legacy?

Answer 30

Giving backbench MPs more influence over previous governmental dominance.

Question 31

What committee explored increasing the power of backbench MPs?

Answer 31

The Wright Committee.

Question 32

What were the most significant points of the Wright Committee?

Answer 32

• Parliamentary Backbench Committee was established.
• Membership of select committees is no longer decided by whips. Now chosen by MPs in a secret ballot.
• Electronic petitions were introduced.

Question 33

How did the coalition further devolve power?

Answer 33

• Increasing legislative power in Wales.
• Scotland’s ability to vary income tax by 10p.
• The Scottish Government was given authority to borrow up to £5 billion.

Question 34

How did the coalition decentralise the police force?

Answer 34

Elected police and crime commissioners to be accountable to the public for regional policing.

(The turnouts are so low that they often lack democratic mandate.)

Question 35

How did the coalition increase trust in politicians?

Answer 35

The Recall of MPs Act 2015.

A by-election could be demanded by constituents if an MP is sentenced to prison or is suspended from the Commons for more than 21 days.

10% of constituents must sign the recall act.

Question 36

Who was the first MP to fall foul of the Recall of MPs Act?

Answer 36

Ian Paisley.

Took a trip at the expense of the Sri Lankan government, then lobbied on their behalf.

He survived as only 9.4% of his constituents voted to trigger a by-election.

Question 37

How did Cameron incentivise the Scottish people to not vote for independence?

Answer 37

Extensive new powers would be granted to Scotland if they rejected independence.

Question 38

Why did Cameron introduce elected mayors in more cities?

Answer 38

Osborne was in favour of devolution.

He added mayors with no referendum in Greater Manchester, the West Midlands, Liverpool City Region etc.

Question 39

How extensive are the powers of the mayors?

Answer 39

Quite extensive.

The Greater Manchester’s elected mayor is responsible for a £6 billion social care and health budget.

Question 40

How did the Conservative government address the West Lothian question?

Answer 40

They introduced EVEL (English Votes for English Laws).

Only English MPs get votes on English laws.