constitutional reform Flashcards
basic features of UK constitution (for intro waffle)
uncodified = flexible
unitary - parliament is sovereign not federalised
structure of uk democracy (waffle
executive (pm&cabinet), devolved govts
legislature + HOL legislature
judiciary - uk supreme court
examples of UK constitution being flexible
1996 - Parliament passed law banning handguns due to a school shooting in Dunblane
difference between statute law and common law
statute law - laws passed by parliament, affect the political system and citizens’ rights
common law - legal principles laid down by judges in rulings. provides precedents for later cases, still has protection
what is convention
customs and practices that dont have legal force but have been broadly accepted over time. eg except in an emergency, the govt will not order military action without Parliamentary approval
what is authoritative works
textbooks that explain the workings of the political system but lack legal standing eg Erskine May’s ‘parliamentary practice’
what is uk constitution made up of
statute law, common law, conventions, authoritative works,
constitutional reform - parliamentary x7
-house of lords act 1999
-house of lords reform bill 2012
-house of lords reform act 2014
-the wright report 2009
-PMQs changed
-fixed term parliament act 2011
-dissolution act 2022
house of lords act 1999
reduced hereditary peers in House of Lords from 800->92 and introduced life peers
=reduced hereditary influence and increased scope for diversity
house of lords reform bill 2012
aimed to elect more members from the HOL -> 80% elected in 15 year terms
-lacked support and didnt become law
house of lords reform act 2014
more provision for resignation, retirement and expulsion from HOL
=improved opportunity for diversity and aimed to ensure Lords can be held accountable
the wright report 2009
proposed:
-reduction in number of select committees in HOc
-e petitions to be debated in the HOC
=would improve effectiveness of committees
PMQs changed
by tony blair
2x15 min slots to 1x 30 min slot
=improved efficiency of sessions and gravity of questions
fixed term parliament act 2011
sets fixed 5 year term for parliament and limited snap elections
=reduced the PMs power to call snap elections
Dissolution act 2022
repealed the fixed term parliament act 2011
-PM can now call election any time with the monarch’s permission
devolution constitutional reform x8
-good friday agreement 1998
-scotland act 1998
-scottish referendum 2014
-government of wales act 1998
-greater london authority 2000
-loct govt act 2000
-police and crime commissioners
-EU withdrawal act 2020
good friday agreement 1998
irish devoltion and ended the troubles as it created a coalition govt
=peace, power sharing and cooperation
scotland act 1998
established scottish assembly and granted powers such as education, health and justice
=raised questions over scottish self-governance and independence
led to the 2014 independence referendum
government of wales act 1998
established welsh national assembly
=advanced self-governance
greater london authority 2000
established greater london assembly and introduced the mayor of london (directly elected)
=better leadership and representation
local govt act 2000
reform local govts in england and wales
increased services and accountability as well as elected mayors in some areas
=modernised and improved local govt effectiveness
police and crime commissioners 2011
elected officials to oversee police forces
=made the police more community responsive and improved law enforcement relations
EU withdrawal act 2020
formally seperated UK from EU
=affected trade, immigration etc
electoral constitutional reform x4
additional members system
single transferrable vote
FPTP
increased use of referenda
civil liberties const reform x 7
human rights act 1998
civil contingencies act 2004
identity cards act 2006
equality act 2010
investigatory powers act 2016
public order act 2023
human rights act 1998
incorporated ECHR into UK statute law
=enables public to challenge public authorities over rights violations
=improved protection of rights and awareness
civil contingencies act 2004
facilitates govt reponses to major emergencies and emergency regulation
=streamlined govt response and clarified roles and powers
terrorism act 2006
strengthened measures to combat terrorism eg illegalised glorification of terrorism and also extended detention without charge for terrorism suspects
=strengthened response but raised concerns about civil liberty infringement
identity cards act 2006
aimed to establish a national identity card system
repealed in 2008 over privacy objections
=raised debate over balance of security v individual freedom
equality act 2010
established protected characteristics
=better rights culture and protection
investigatory pwoers act 2016
extends govt agencies’ surveillance powers
=raised debate about security v liberty and privacy
public order act 2023
gave law enforcement agencies greater powers to prevent protests deemed as disruptive eg climate protesters
=strengthened powers to prevent provocation of violence
judicial constitutional reform x5
ministry of justice created
judicial appointments created
constitutional reform act 2005
miller v sec of state for exiting the EU 2017
uk supreme court ruling to hold scottish independence referendum 2022
ministry of justice created
2007
to oversee aspects of the legal and justice system eg courts, prisons etc to ensure equality
=streamlined response and more focus +efficiency, and accountability
judicial appointments committee
responsible for reccommending candidates for judicial appointments eg supreme court
=transparency, accountability, ensures choice is for
constitutional reform act 2005
creation of supreme court - prior to this the HOL carried out which was a conflict of interest
JUDICIAL INDEPENDENCE
=separation of powers + modernisation
miller v sec of state for exiting the EU
2017 whether the UK had the authority to trigger article 50 of the EU without parliamentary consent
(can theresa may legally declare to leave the EU without a parliamentary debate)
=high court and supreme court ruled saying the govt cannot do without parliament
=evidence the supreme court is seperate
UK supreme court ruling on draft bill to hold scottish independence election referendum 2022
nicola sturgeon wants to hold a second referendum but the supreme court ruled she must pass the legislation
