constitutional reform Flashcards
What are 5 changes made to the constitution since 2010?
Fixed term parliament act,2011
Scotland act, 2012
The protection of Freedoms act, 2012
House of Lords reform act, 2014
Wales act, 2014
What did the protection of freedoms act do?
offered citizens greater protection from state putting in place proper scrutiny services and oversight of surveillance and data collection
What did the HoL reform act 2014 do?
decreasing massive numbers of peers in lords. Gave existing peers the right to retire or resign seats. Allowed peers to be removed as a result of serious criminal offences or non-attendance. 54 resigned and 4 have been removed.
What acts did the conservative government deliver on?
Scotland act 2016 giving greater fiscal autonomy to Scotland and Wales act 2017 giving Welsh assembly tax-powers.
arguments for new labours reforms producing a new constitutional settlement?
Rights of citizens were strengthened and given greater protection.
Balance of power between institutions changed, with further checks and balances introduced.
Arguments against labours reforms producing a new constitutional settlement?
Parliament remains sovereign and power is still concentrated in the executive.
They were unfinished and raised new problems (e.g.- the government of England)
What reforms did new labour make in terms of parliamentary reform?
HoL reform act,1999- removed all but 92 hereditary peers, Labour made very little progress w second stage which would change the compositions and powers of reformed house.
MP expenses scandal,2009- prompted new system whereby issue of expenses and MPs pay was placed in hands of independent commission.
What reforms did new labour make in terms of rights?
Human rights act,1998- enshrined most provisions of ECHR. HRA requires all legislation to be compatible with convention.
freedom of information act,2000- rights for citizens to see information about themselves held by public bodies.
What reforms did new labour make in terms of electoral reforms?
STV introduced for local elections in Scotland and to NI assembly.
AMS introduced for elections to Scottish parliament, Welsh assembly and greater London assembly.
What reforms did new labour make in terms of devolution?
good Friday agreement- NI assembly was established w powers of primary legislation, education, health etc.
Scottish parliament has primary legislative powers. Parliament together with the Scottish executive has sole responsibility for policy on issues such as education.
What reforms did new labour make in terms of the judiciary?
Constitutional reform act,2005- established the Supreme court and removed judicial role of HoL. Enhanced separation of powers but the supreme court does x have authority to strike down legislation.
what is the conservative critique of the new labour constitutional reform?
Labours reform damaged fabric of constitution that its component no longer forms coherent whole.
Parliament has lost its jurisdiction and the EU has it.
What is the liberal critique of the new labour constitutional reform?
Still hereditary peers in the House of Lords.
still no written constitution
some potential others- monarchy, electoral systems (25% vote but 4% seat)
What are individual rights?
Rights held by individual citizens, such as the right to a fair trial
What are collective rights?
Those that belong to groups ranging from formally organized groups such as trade unions to those that are faith based or reflect certain characteristics.
What is the female circumcision case study reflecting a conflict between individual and collective rights?
It’s illegal in most countries, FGM practiced in some African and Middle eastern countries. Schools and social services are required by law to report suspected cases of FGM under FGM act 2003.
Clash between individual right of a citizen to follow cultural practices, and collective rights of wider society, who see practice as form of child abuse.
