CON: How the constitution has changed since 1997. Flashcards
LABOUR CONSTITUTIONAL REFORMS 1997-2010
1 - PARL REFORM OF THE HOL
2 - HUMAN RIGHTS REFORM
3 - REFORM OF THE JUDICARY SUPREME COURT
4 - APPOINTING SENIOR JUDGES
5 - ELECTORAL REFORM
COALITION CON REFORMS 2010-15
1 - FIXED TERM PARLIAMENT ACT
2 - RECALL OF THE MPS ACT 2015
3- EXTENSION OF DEVOLUTION FOR SCOTLAND
principle of constitution: democratisation
eg making the house of lords an elected chamber
principle of constitution: decentralisation
moving powers to local areas eg elected mayor of london
principle of constitution: stronger protection of rights
incorporating the ECHR - safeguarding rights
principle of constitution: modernisation
brining the constitution in line with the rest of the western democracies
1997-2010: PARL REFORM OF THE HOL:
Remove hereditary peers and their voting rights with a compromise of letting 92 stay via the House of Lords Act 1999 because the HoL threatened to use its delaying and obstructing powers to delay it. They wanted an elected chamber but there was a lack of discussion so it was taken off the agenda.
Despite not getting all hereditary members out, it did make the lords mostly an appointed chamber which meant that more people wre there because they were appointed rather than birth. This looks more professional and efficient.
1997-2010: HUMAN RIGHTS REFORM:
1998 Human Rights Act which protected human rights which incorporated the European Convention on Human Rights which came into force in 2000. It was binding to all political bodies including the government and all Uk courts had to enforce them in any case.
In order to preserve the principle of parl sov, it wasn’t strictly binding to parl. However, some laws that want to be passed through that go against it have to declare an overwhelming reason as why it is necessary, which means that it is sort of binding to parl.
It was the first time there was an element of the constitution that was codified and that an external body (ECHR) enforced it.
The UK didn’t loos sovereignty because parl can repeal it at any time - eg 2015 gov that wanted to replace it with a British Bill of Rights
eg right to life
from torture
to a fair trial
1997-2010: REFORM OF THE JUDICARY SUPREME COURT:
Senior ‘law lords’ were thought to not be appropriate that members of the legislature in the HoL should also be the highest level in the judiciary (law and politics should be separate) so they took senior judges of the lords to create a supreme court.
SC was opened in autumn 2009 and established it’s independence. (This new court had the same powers as it did when it was the HoL but it was mainly symbolic
1997-2010: APPOINTING SENIOR JUDGES
Judicial Appointments commission which is set up to ensure all candidates for senior judges are suitable using just legal considerations. People were annoyed that a politician should be able to decide because there was a chance of decisions being made on political views and not their legal experience. The gov still has to have the final say but this is after approval of the JAC
1997-2010: Electoral reform
The issue of a new voting system re-emerged in 1997 when devolution was being considered. There were to be new elected assembelies in wales and nNorthern Ireland and a Parliament in Scotland. They wanted to choose a system that reflected the party systems in those countries and should avoid domination of one or two parties which was the case in England
Additional Members System: Scotland and Wales
Single Transferable Vote: Northern Ireland
2010: FIXED TERM PARLIAMENT ACT:
People feared that the gov would be unstable during the coalition so this act meant that there could be a disagreement without the gov falling apart. They cant call an election whenever they want to give their own party an advantage which takes power away from the PM.
Eg THERESA MAY bypassed the act by getting a 2/3rds majority in the commons. The opposition couldn’t have opposed or they would seem weak in avoiding election. She called a snap election to improve her majority. ,This shows the power the PM has over when general elections are held
2010- RECALL OF THE MPS ACT 2015:
Constituents can call back an MP if they are suspended for more than 21 days or sent to prison. This would trigger a by election petition that needs 10% of the const to sign to kick out the MP
2010: EXTENSION OF DEVOLUTION FOR SCOTLAND AND WALES:
Scotland: 2014 independence vote increased the nationalist feeling. The 2016 Conservative gov was forced to give more powers to the Scottish gov. They gave an increase in financial autonomy, known as ‘devo max’ (as much devolution as possible)
Wales: scotland have proven it can be done so when the welsh assembly request more powers, it is clear that they will be granted.
