8.2 Constitutional Change since 1997 Flashcards
What were the growing demands for constitutional reform?
There were also growing demands for devolution to Scotland and to fix the problems in Northern Ireland.
Who implemented measures of constitutional reform?
Tony Blair
What did The House of Lords Act 1999 do?
Removed all but 92 hereditary peers.
Became a mainly appointed chamber, with peers appointed based on merit
Evidence the House of Lords reforms did enough
Removal of the majority hereditary peers modernised the House of Lords and made it a more legitimate and professional body.
No one party has a majority.
An unelected house means that experts can be appointed.
For example, Lord Norton, a politics professor and constitutional expert.
People who can represent underrepresented groups in society can be appointed. Lord Bird (ex-homeless man and founder of the Big Issue) represents homeless people, a group who often go unrepresented.
Evidence more reform is needed in the House Of Lords
There are still 92 hereditary peers – an idea that is outdated in a meritocratic society.
There are 26 Bishops but no representation for other religions.
Party leaders still make political appointments to the House of Lords.
The House of Lords remains unelected despite having influence over lawmaking and being able to hold the government to account.
How many seats are in the Lords?
800 - Making it the largest Chamber in the world after China
What acts were passed in 1998 to allow for devolution?
In 1998 the Scotland Act, Northern Ireland Act and Government of Wales Act established the Scottish Parliament, Northern Ireland Assembly and Welsh Assembly.
Positives of Devolution in 1998
. Lead to the good Friday agreement which allowed for power sharing in Northern Ireland, until its collapse in January 2017
Negatives of Devolution
. Imbalance between Scotland and Wales; Wales gained fewer powers in 1998
. Scotland, Wales and NI receive more money per head than those in England (Known as the Barnett Formula)
Examples of Constitutional Reform from 1997-2010
Welsh, Irish and Scottish Devolution
House of lords reform
Human Rights Act 1998
Constitutional Reform Act 2005
What did the Human Rights Act 1998 do?
The 1998 Human Rights Act (HRA) incorporated the European Convention on Human Rights (ECHR) into UK law.
Positives of the Human Rights Act
The fundamental rights of all British Citizens are very clearly laid out in one easily accessible piece of legislation.
There was an 8-fold increase in the number of human rights cases and claims brought to the high court after the Human Rights Act was passed.
Problems with the Human Rights Act
Despite the HRA, it is possible for the government to restrict the human rights of individuals.
In 2005 the government introduced control orders, allowing the authorities to restrict the movements of suspected terrorists.
In order to do this, they simply had to declare an exemption from Article 5 of the HRA for those who fall under suspicion.
What did the 2005 Constitutional Reform act do?
The Act separated the government and the judiciary.
The Act formed a Supreme Court which separated parliament from the judiciary.
The Act reformed the appointment process for senior judicial appointments.
Positives of the 2005 Constitutional Reform Act?
There is now a clear separation of the 3 branches of government which prevents abuse of power.
The judiciary is physically and constitutionally separate from the executive and legislature allowing for greater judicial independence, strengthening rule of law.
