Constitution 2 Flashcards
Where has sovereignty in the UK gone
Devolution
The EU
Referendums - to the people
Constitutional reform since 1997
HoL Act 1999 HoC - Electoral reform Freedom of information Human Rights Act Devolution Reform of the judiciary
Why was the Human Rights Act proposed
A desire to bring the British constitution in line with the rest of Europe
Protect civil liberties
Increase in police powers is seen as a threat to our rights
British government had been brought to European Court of Human Rights more than 50 times since 1966
Three types of devolution
Administrative devolution
Financial devolution
Legislative devolution
What is administrative devolution
The transfer of limited powers to devolved administrations. This effectively means control over the allocation of public fundings
What is financial devolution
The ability of devolved administration to raise its own taxes
What is legislative devolution
Transfer of power to make primary legislation
Arguments for devolution
There’s been growing demand for more self-government
National regions have different needs
Places decision making closer to the people
Will reduce workload of British Parliament and Government
Arguments against devolution
Demand for devolution is over-exaggerated
Creates an extra layer of govt. which adds costs to the taxpayer
Fear that taxes will rise in Scotland (less prosperous)
Functions of Scottish Parliament
To pass primary legislation
To determine income tax within 3% higher or lower than British
To approve the overall Scottish budget
To call the executive to account
To elect a first minister to form the executive
To form committees to scrutinise legislation and the work of Scottish executive
What is the role of the Scottish executive
To formulate policy for Scotland
To negotiate with the British government for funds
To implement policies
To make decisions under powers by Parliament
To negotiate with institutions of the EU
Reform of the judiciary
To increase the separation of power between the three branches of government
To improve independence of judiciary
To reform the role of Lord Chancellor
To bring Britain in line with modern constitutional practice
Positives of constitutional reforms since 1997
HoL - Hereditary peers cut HoC - Fixed-term parliaments Freedom of Information 2000 Human Rights Act Devolution Reform of the judiciary
Negatives of constitutional reform since 1997
HoL - Unelected and 92 hereditary peers remain
HoC - AV referendum failed
Local governments unpopular - only 11 voted for by 2005
HoL reforms since 1997
Hereditary peers cut to 92
