Constitutional Reform Flashcards
Which committee looked into select committees in 2009? What did they recommend? What were the successes/failures?
Wright Committee
>chairs of select committees to be elected in secret ballot using AV
>backbench business committee to set non-government agenda
>effective e-petitions system
>house business committee for House’s agenda
+party whips can no longer influence appointment of select committees and their chairs –>committees have more authority and legitimacy
+backbench business committee gave Commons more authority over own affairs
-committees have no power to compel witnesses to attend
-questioning divided between members so hard to follow any line of enquiry fully
-witnesses not protected by parliamentary privilege –>may be compelled to breach confidentiality agreement
-House Business Committee promised by coalition but never created
What are the main sources of the UK constitution?
statute law - created by Parliament
common law - customs and judicial precedent (when cases have similar facts/legal questions to past cases, judges must use same reasoning that was used in the past)
conventions - non-legal rules which have no definitive source and cannot be enforced e.g. PM is leader of largest party in the Commons
authoritative works - Erskine May’s A treatise on the law, privileges, proceedings and use of Parliament (1844) has a chapter on prorogation; Walter Bagehot’s The English Constitution (1867) set out PM as first among equals; AV Dicey’s An Introduction to the Study of the Law of the Constitution (1885) set out legislative sovereignty of Parliament, universal law and liberty, role of convention
European law e.g. ECHR
and treaties - agreements signed with other countries e.g. Maastricht Treaty 1992 founded EU
What are the ‘twin pillars’?
parliamentary sovereignty - primacy of parliament, supreme power
rule of law - everyone is equal under the law; a distinct, independent judiciary interprets and applies statute law
What does the fact that the UK constitution is unitary mean?
Legal sovereignty is contained in one place - Westminster can devolve powers but can also take them back at any time e.g. when Stormont was dissolved following Bloody Sunday in 1972
What HoL reform took place under Labour 1997-2010? What are the successes and failures of it? How could further reforms address these?
HoL Reform Act 1999
>Reduced the size from 1300 to 681, removing all but 92 hereditary peers
+Made it more democratic
+Reduced size
+Continues to appointment experts e.g. Lord Robert Winston who is an expert on medical ethics
-Size goes up again due to life peerages –> 2nd biggest legislature in the world (bigger than EU parliament)
-encourages ‘cronyism’ (ministerial patronage) e.g. Theresa May appointed her chief of staff and deputy chief of staff after resigning, ‘cash for honours’ scandal
-not representative –> not enough women and ethnic minorities
What parliamentary reform took place under the coalition 2010-2015? Did it go far enough?
Fixed Term Parliaments Act 2011
>fixed dates of general elections to once every five years
+reduced PM prerogative power
-no way of definitely getting rid of a govt. earlier because a supermajority is needed to call an early election
-early election called in 2017
What judicial reform took place under Labour 1997-2010? Did it go far enough?
Constitutional Reform Act 2005
>led to creation of supreme court (replaced law lords) in 2009
>reduced role of the Lord Chancellor (previously head judge, speaker of the HoL and Justice Secretary - member of all 3 branches) –> now only Justice Secretary
–>first speaker of HoL elected in 2006
>judicial appointments commission
+more democratic since it separates powers
+parliament is still sovereign
+/-supreme court cannot strike down statute law, even that which is unconstitutional
What devolution took place under Labour 1997-2010?
Scotland Act 1998
Wales Act 1998
Good Friday Agreement 1998
Government of Wales Act 2006
What devolution took place under the coalition 2010-2015?
Scotland Act 2012
Wales Act 2014
Which report looked into electoral reform? What recommendations were made? Were they implemented?
Jenkins report 1998
>replacing FPTP with AV+ (hybrid of AV and proportional list system)
>Labour govt. didn’t do this (‘cause they didn’t want to lose!)
What electoral reform took place under Labour 1997-2010? Did it go far enough?
> Scottish Parliament, Welsh and London Assembly use AMS (FPTP and party list - 2 members)
NI uses STV (rank candidates, must reach quota to be elected
directly elected mayors, London Mayor and police and crime commissioners use SV (first and second preferences, all but top 2 eliminated)
What piece of legislation incorporated the ECHR into UK law? What does it do?
Human Rights Act 1998
Means courts must interpret law in a way compatible with the ECHR and, if not possible, may make a ‘declaration of incompatibility’ –> doesn’t invalidate the legislation
What are the arguments for/against a codified constitution, including a British Bill of Rights?
FOR:
>BILL OF RIGHTS
- Anti-terrorism, Crime and Security Act 2001 deemed incompatible with ECHR but remained gave Home Sec. power to detain suspected terrorists indefinitely, pending deportation, even if that deportation would be illegal
- Prevention of Terrorism Act 2005 after it was deemed that several prisoners had been unlawfully detained under the above act - also introduced ‘control orders’ (restrictions on movement, possessions) which were deemed incompatible with ECHR and act was repealed in 2011
>Tackle problem of elective dictatorship e.g. ‘sofa govt’
>Entrenchment would make constitutional laws harder to change e.g. joining EU, devolution leading to different covid rules
>Currently no definition of a constitutional law (Lords amended Legislative and Regulatory Reform Bill 2006 to do so but HoC said nah we’ll know what one is when we see one)
>More clarity and accessibility to public e.g. prorogation confusion
>Current changes are been piecemeal e.g. ‘devo max’ to ensure remain vote
> negative constitutionalism (constraining document designed to limit public bodies and the will of the majority in preference of fundamental bodies)
AGAINST:
>HRA maintains parliamentary sovereignty
>Easy to change and so can adapt with society e.g. devolution, hereditary peers, covid rules
>Entrenchment would give too much power to unelected, unaccountable judges
>Little pressure for one, haven’t had really had one and agreement over details unlikely
>positive constitutionalism (enable general will to prevail over any particular values) e.g. HoC channels general will, tempered by debate
Which commission looked into HoL reform? What were their recommendations and were they implemented?
Wakeham Commission 2000
>size should be reduced to 550
>majority should be appointed by independent commission
>minority should be elected on a regional basis using PR
>more representation of religions, women and ethnic minorities
>removal of all hereditary peers
Which piece of legislation gives greater access to information held by public bodies?
Freedom of Information Act 2000
