Constitution Flashcards

1
Q

HoL reform under new labour

A

Initially dom by hereditary peers, gov ended rights except from 92 hereditary peers
Reform = reduced infl of lab opps w/in pol system… maj of hereds sup cons gov
Gave more ‘mod’ appearance
Maj of members = life peers appointed on merit, Refl a wide variety of fields of activity… incl pol, business, TU movement, the arts + mil
No pol party now enjoys majority in Lords
From 2000 HoL appointments commission nom a prop of peers who were not linked w/ a pol party.
PMs cont to make noms on party pol grounds, no agreement reached on making lords wholly or partially elected

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2
Q

HoL reforms under cons from 2010

A

Plans for mainly elected HoL dropped after Reb from 91 cons MPs… LDs retaliated by blocking leg to red HoC from 650-600

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3
Q

Hoc reform under Tories

A

Reforms rec by a committee chaired by Lab MP Tony Wright… reported before 2010 GE
Chairs of HoC select committees should be chosen by MPs rather than have the selection infl by party leaders
A backbench business committee was created.. chooses topics to be debated incl e-petitions. First debate was triggered by 96 liv fans died in 1989 Hillsborough disaster

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4
Q

Electoral reform under New Labour

A

Prop rep intro for elections to Scot parl, WA, NI and EU parl
Gov commissioned report into the system for w’minster chaired by Roy Jenkins, no action taken
Labour no int in changing system for w’minster

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5
Q

Electoral Reform under Tories

A

Plans to red MPs from 650- 600… smaller no of constituencies would benefit cons, did not pass
AV ref may 2011… AV = preferential not fully proportional … AV rejected by 68%.. vote seemed to be more against LD then voting syst
Fixed term parl act 2011- removed PM power to choose the date of GE… est new parl must be elected on a fixed date at 5 yr intervals… can be held earlier if vote of no confidence and fails to form a new government w/in 14 days
Worked for both cons + LD … gave them both a guarenteed period to implement their ideas
Ways to get around… by calling GE in 2017, 2 years after last election… opp doesn’t want to appear afraid of electorate
The recall of MPs act 2015- response that voters had no means of removing scandalous MPs who ref to resign their seats

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6
Q

Devolution under New Labour

A

Scot, W, NI = refs in 1997-98
Trying to stop sup for SNP + bring together extremeists in NI
Need for dev in wales = less, turnout of 50.1 % 6000 voters separated… did not gain as many powers
Gov = no answers to ‘West Lothian Q’
Another grievance = Barnett formula- determines level of public spending for the component parts of the UK on the basis of population. Scot, Wales, NI, receive more spending per head than eng
Regional assemblies = abandoned NE rejected idea in 2004 via ref rejected by 78%
2000 Greater London auth + London mayor created. Share oversight of pol areas such as policing, transport, and econ dev. First London Mayor intro congestion charge. By 2015 a further 16 urban areas incl Bristol, Liverpool and greater Manchester adopted mayors,

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7
Q

Devolution under Tories

A

Wales- ref held in March 2011 on props to granting further powers to the WA… direct leg power in 20 areas been devolved to… no need to consult Westminster
Scot parl rec more powers in 2012, scot act incl borrowing power, the right to set its own income tax and stamp duty
INDYREF sept 2014, 55% to stay in… DC + other main parties pledged to grant more powers to Scot
English votes for English laws (EVEL).. answer to West Lothian q… if a measure only concerns eng or eng + wales comes before HoC it can only be passed w/ approval of ‘grand committee’ consisting of Eng (or Eng + W) MPs.. measured used first time in Jan 2016 to pass a housing bill… susp in 2020
Abolished labs regional dev agencies but combined local auths in ‘city regions’ … each run by an elected ‘metro mayor’ … plan to drive regional growth through improved transport links and investment in science and innovation… wanted to improve the ‘northern powerhouse’ (GO)

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8
Q

Rights under New Labour

A

HRA encorporated ECHR into UK statute law
Enshrined rights such as those to a fair trial, freedom from slavery
All future leg had to be compatible w/ ECHR
Judges highlight amendments for parl, could not strike down
Limitations shown.. gov dec to ‘derogate from’ article 5 in cases of suspected terrorism.. highlights the unentrenched nature of the act
Equality act 2010

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9
Q

Rights under the Tories

A

Wanted to replace HRA w/ British bill of rights
LD wanted to retain act
Commission failed to find a way forward
Cons manifesto 2015 prom to revisit issue- Farage wanted 2022/23

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10
Q

Supreme Court under New Labour

A

2005 constit reform act- est sup court as highest court of appeals in the UK for civ court cases
Separation of powers… Montesquieu 1748 ‘when the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty

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11
Q

Scottish parl

A

129 MSPs elected via AMS
Allowed to vary income tax by 3p above or below UK rate. Decided Scot students don’t pay uni tuition, free nursing care for elderly… 2016 Scot ended right for tenants to buy council houses… control over justice, education, health and social services etc
Cayman com 2012 led to granting of additional powers
Taxation powers, income tax, landfill tax + stamp duty
Borrowing power
Regulation of air weapons
Drink driving alcohol limits

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12
Q

INDYREF

A

2014 led to est of smith commission + more powers transferred in 2015-16
Main areas relate to taxation + welfare. New powers incl control over air passenger duty, licensing of onshore oil and gas prospecting and welfare benefits… now has control over taxation rep 36% of expenditure

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13
Q

Welsh assembly

A

60 membs elec by AMS
Police and justice are not devolved areas, WA not gained power over income tax and borrowing. Since 2011 ref, been able to pass laws in all 20 devolved areas w/out regard for the views of the UK gov

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14
Q

NI Assembly

A

Unionists = prot, Nat = cath
Suspensions 2002-2007, recently as well
90 membs STV ensures both sides = rep prop
Education, justice, welfare and pensions are all devolved. There are a no. Of ‘reserved matters’ normally the domain of Westminster but assembly can leg on w/ consent of NI sec. Incl financial services, broadcasting, consumer safety and firearms

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15
Q

Further reform on devolution

A

Scot indep still an issue… been revived since Brexit
However in NI, helped to end violence between unionists + nationalists by creating power-sharing gov

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16
Q

Further reform on electoral reform

A

Created more prop results in elecs to Scot parl, WA + NI
Rejection of AV ref, not strong public appetite for Westminster
Under-rep of smaller parties… FPTP gives gov maj seats but min of vote

17
Q

HoL further reform

A

Based on experience + merit. So holds gov to account
Elec chamber wld mirror commons… house dom by professional pol and reducing expertise
Lords lack legitimacy… none elected

18
Q

Further reform of HRA

A

Brought in line w/ other Eur states by encorp ECHR into Nat law.
Provs protection of citizens rights w/out threatening parl Sov
Act not entrenched so gov can modify the way it ops as required
Gov can currently take away imp liberties by a maj vote in parl.. Brit bill of rights… Make UK sup court the final judge of cit rights

19
Q

Do we need further reform?
Yes

A

Current settlement is incomplete and illogical
UK out of step w/ most western democs in having an unelected upper house and voting syst which does not represent opinions of elec