Codif And Const Evidence Flashcards
Keir Starmers proposed HoL reforms
- abolish HoL and replace it with a new democratically elected second chamber.
- criticised recent Tory governments for undermining trust in politics by handing peerages to ‘lackeyes and donors’, such as Boris Johnson’s friend.
Human Rights Act 1998
Enshrined ECHR into UK law from 2000, meaning rights could be defended in UK courts rather than having to go to Strasbourg.
HRA reforms positive and significant
Since the HRA, it is often claimed that the UK has developed a ‘rights-based culture’ as all new legislation must be compliant with the act and judges can declare earlier acts of parliament incompatible with it.
The Human Rights Act can therefore be seen as limiting parliamentary sovereignty and furthering the rule of law in the UK.
In what was were the HRA reforms limited
- been criticised for giving unelected judges too much power.
- may be used to check other laws, but it is not entrenched and could be repealed by a simple act of parliament.
- many critics on the right say the HRA stops terror suspects from being deported and that the HRA therefore favours underserving individuals rather than protecting the legitimate freedoms of UK citizens and protecting society as a whole.
A v Secretary of State for the Home Department
Part if the Anti-terrorism, Crime and Security Act 2001 was declared incompatible with Articles 5 and 14 of the human rights act by permitting the detention of suspected international terrorists in a way that discriminated on the grounds of nationality or immigration status. The Prevention of Terrorism Act 2005 was amended by parliament as a result.
Illegal Migration Bill
The Illegal Migration Bill, for example, was introduced by Home Secretary Suella Braverman on 7th March 2023 with a section 19 note stating that there was a likelihood the provisions of the bill would be incompatible with the HRA and international law, but that the government wanted to proceed with it nonetheless.
Freedom of Information Act 2000
Made it easier for opposition MPs, journalists, voters and others to request information from the government.
Members of public also gained the right to access any information held about them by public bodies. It can therefore be seen as improving the rights of citizens.
BUT can be seen as too weak as the gov can turn down some requests if they judge they would negatively affect the workings of the current government.
What scandal was discovered through Freedom of Information Requests
MP’s expenses scandal
Constitutional reform: Wright Committee
Gives more power to backbenchers
MPs now vote for the chairs of Select Committees rather than them being chosen by the whips and the Backbench Business Committee was set up so that more time was spent debating issues chosen by backbenchers.
Fixed Term Parliaments Act 2011
Removed the prerogative power of the PM to call a snap election when it suited them.
After the coalition, the legislation was largely ineffective when the gov’s were able to shame the opposition into voting for an election.
It was repealed by Boris Johnson’s government in 2022.
Scotland Act 2016
Gave the Scottish Parliament further powers, particularly in the area of tax raising.
Scotland gained control over 50% of VAT.
Key welfare benefits and control over the franchise - which they used to reduce the voting age to 16.
This can be seen as fiscal devolution and brought Scotland close to devomax
EVEL
Devolution raised West Lothian question - why should Scottish MPs be able to vote on English matters in the uk parliament that don’t affect their constituents, when English MPs cant do the same in the Scottish parliament.
It was criticised for creating two tiers of MPs, adding unnecessary complications and not providing a viable expression for English identity and was scrapped by Boris Johnson’s gov in July 2020.
Recall of MPs Act 2015
If an MP is sentenced to a custodial sentence or is suspended from the Commons for more than 21 days, a by-election is triggered if at least 10% of constituents sign a recall petition.
Recall of MPs example
Brecon and Radnorshire by-election after Christopher Davies provided misleading expenses claims.
Rishi Sunak’s use of a Section 35 Order
Used it to block Scotland’s gender reform bill
