5.2 - The Development of the Constitution since 1997 Flashcards
Why did Blair consider the British constitution in desparate need of repair?
- Power was too centralised in Westminster.
- Citizens rights were insufficiently protected.
- The government was unaccountable
- the public were disengaged from politics.
What were Blair’s main themes for constitutional reform?
- Decentralisation
- Democratisation
- Transparency
- Rights Protection
Why did Blair consider decentralisation an important constitutional reform point, and how did Blair want to fix it?
- Too much power was centralised in Westminster. (Thatcher)
- Scotland and Wales were offered their own elected governments.
- Cities and towns offered mayors.
Why did Blair consider democratisation an important constitutional reform point, and how did Blair want to fix it?
- There should be a greater usage of referendums on important constitutional reforms.
- To encourage democracy, the HoL would be reformed.
Why did Blair consider transparency an important constitutional reform point, and how did Blair want to fix it?
- There is a lack of trust in government.
- The senior judiciary would be reformed. Freedom of Information Acts would make the government more accountable.
Why did Blair consider rights protection an important constitutional reform point, and how did Blair want to fix it?
- There was a lack of human rights protection.
- Incorporation of the European Convention on Human Rights (ECHR) into UK Law.
What was Labour’s flagship constitutional reform in 1997?
Devolution.
How many peers were eligable to enter the Lords in 1999?
1330.
Why did hereditary peers undermine legitimacy of the HoL?
They were completely unelected, attending simply because they were aristocratic.
What compromise did the Government make to persuade the HoL to accept reform?
Allowed hereditary peers to select 92 peers to remain in the HoL.
Why did Labour want to reform the HoL in 2000?
The government wanted it to be a more professional body by ensuring membership was based on merit and accomplishment rather than hereditary status.
Why have the HoL reforms been criticised?
- Despite greater expertise, it still lacks democratic legitimacy.
- Most life peers are appointed by PM, meaning political patronage becomes the main factor for appointment.
What scandal happened as a result of the HoL reforms in 2000?
‘Cash for Honours’
Why did Tony Blair recant on his interest for electoral reform?
His massive parliamentary majority in 1997 reduced his enthusiasm for reform.
How did the Labour government look into changing the voting system?
Tasked Roy Jenkins (founder of the SDP) to investigate alternatives to FPTP.
It ignored the final recommendation.
How did Labour enact the suggestions in the report to change from FPTP?
They did decide to adopt new electoral systems for the newly devolved assemblies.
Why was the HRA so important?
For the first time, it positively stated the rights that British citizens could claim.
What did supporters of the HRA act claim?
- 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.
Why is it important to not exaggerate the rights of the HRA?
- 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.
Where have the limitations of the HRA been illustrated?
The Belmarsh Case 2004.
The Blair Government suspended the right to liberty to keep foreign terrorist suspects in custody without charge.
What was the final major constitutional reform of Blair’s government?
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.
Why did Gordon Brown’s government not make any real constitutional change?
It was preoccupied with confroning the global economic meltdown of 2008.
Why did Cameron have to be more open to constititional change than previous Conservative PM’s?
The Liberal Democrats (committed to updating the Constitution) were in coalition with the Conservatives.
What was the major constititional reform that the coalition government made?
Fixed-term Parliament Act 2011.
What was the Fixed-term Parliament Act 2011?
- 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.
What happened to the Fixed-term Parliament Act 2011?
It has since been repealed.
Why did both the Conservative and Labour parties vehemently oppose electoral reform?
They are the biggest benefiters from FPTP.
What was the main price that Cameron had to pay for coalition with the Liberal Democrats?
Offer a referendum on AV?
What did critics of Clegg state about his AV referendum?
He should have asked for the AMS or STV. (The former still includes a FPTP element)
What was the coalition’s most positive legacy?
Giving backbench MPs more influence over previous governmental dominance.
What committee explored increasing the power of backbench MPs?
The Wright Committee.
What were the most significant points of the Wright Committee?
- 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.
How did the coalition further devolve power?
- 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.
How did the coalition decentralise the police force?
- 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.)
How did the coalition increase trust in politicians?
- 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.
Who was the first MP to fall foul of the Recall of MPs Act?
- 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.
How did Cameron incentivise the Scottish people to not vote for independence?
Extensive new powers would be granted to Scotland if they rejected independence.
Why did Cameron introduce elected mayors in more cities?
- Osborne was in favour of devolution.
- He added mayors with no referendum in Greater Manchester, the West Midlands, Liverpool City Region etc.
How extensive are the powers of the mayors?
- Quite extensive.
- The Greater Manchester’s elected mayor is responsible for a £6 billion social care and health budget.
How did the Conservative government address the West Lothian question?
- They introduced EVEL (English Votes for English Laws).
- Only English MPs get votes on English laws.
