Constitutional reform - Modern (2015-2022)

Question 1

how did the 2018 european union withdrawal act affect the const

Answer 1

• repealed the 1972 european communities act: new eu laws no longer took direct effect in the UK
• allowed existing eu laws to be retained on UK statue book as new UK law category

Question 2

why was standing order 14 suspended during the negotiation of the 2018EUWA

Answer 2

• SO14: gov business takes precedence at all meetings except 20 oppositions +35 back bench days etc
• suspended to seize control of the commons timetable by MPs, could approve their own business of house (invl Brexit voting)

Question 3

why was the humble address used more commonly during brexit negotiations

Answer 3

• humble address: rarely used parliamentary procedure where C or L could send message to the monarch on opposition day
• labour used this to make opposition day motions binding for a return –> labour made the conservative gov release documents showing possible economic impact of brexit for a 2017 labour motion
• holds gov accountable and ensures political transparency

Question 4

supreme court ruling for R Miller vs Sec of State for exiting EU 2017

Answer 4

Q: can Pm trigger article 50 and begin Brexit using perogative powers to negotiate treaties
A: parliamentary approval needed before gov can before can

• this was needed as the royal prerogative cannot be used to amend/repeal existing laws and the Uk would have to leave the eu with the rights of Uk citizens as EU citizens being removed

Question 5

disagreement over prerogative war powers 2018

Answer 5

• 2011: commons should be able to debate whether to deploy troops in an emergency, but what are the exceptiojns
• theresa may approved syrian air strikes after syria allegedly used chemical weapons without a vote, only done 2 days after in commons
• undermined the convention: showed the vote for war needed to be legally binding

Question 6

scotland act 2016

Answer 6

• devolved additional legislative powers
• devolved real income tax powers
• recognised as an act of parliament

Question 7

wales act 2017

Answer 7

• can make on all reserved matters
• assemebly name changed to senedd cymru
• sewel convention: parl will not usually legislate on S or W matters without consent
• recognised as an act of parliament
• assembly not abolished without a referendum

Question 8

how did Miller vs sec of state show the limitations of the S and W acts

Answer 8

• supreme court: the sewel convention is not legally enforceable
• EU withdrawal act, law concerning devolved matters passed without legislative consent of S, W or NI

Question 9

why was the EU legal continuity scotland billl refereed to the UK supreme court and what did they rule

Answer 9

• transferred all EU law on devolved matters onto scotlands
• section 17: secondary leg by Uk minsters to amend retained laws would require scottish consent
• sent to supreme court –> can scotland limit WM

Question 10

what was EVEL? what was the west-lothian question

Answer 10

• WLQ: mps of S,W, NI can vote on E only matters but not vice versa
• english MPs have opportunities to veto clauses of bills that affect only england
• needs a double majority –> whole commons and english MPs
• speaker decides who it affects and must be processed to ensure EVEL

Question 11

why was Boris johnsons attempted prorogation of parliament controversial

Answer 11

• brings current session to an end
• during this neither Lords or commons can meet –> J wanted to avoid the scrutiny of his brexit policy weeks before its departure

Question 12

how did the house of commons respond to BJ prorogation

Answer 12

• emergency debate under standing order 24
• commons speaker defied custom and allowed an emergency debate on a substantive motion

Question 13

how did the supreme court respond to the prorogation

Answer 13

• johnsons prorogation advice to the queen was unlawful
• prevented parliament function, sovereignty and deemed unlawful

Question 14

what was the early parliamentary General election act 2019 and what led to its passing

Answer 14

• set the date of the next election as 12 december 2019
• once EU looked likely to extend negotiations to the new year, SNP and libdems proposed a plan to bring it forward (2022 to 2019)

Question 15

what did the 2019 conservative manifesto say on the subject of the const

Answer 15

• after Brexit, broader aspects of the const (gov and parl, courts, royal prerogative, HoL, ordinary people justice) would have the spotlight
• expanding the executive’s powers

Question 16

what did the EUWA 2020 and EU future relationship act 2020 do

Answer 16

• left the EU
• implemented withdrawal policies from BJ into domestic law to be ratified
• allowed a transition period nearly all EU rules still applied to a single market
• frictionless trade and transition for businesses

Question 17

what happened to EVEL

Answer 17

• abolished in 2021
• undermined ancient constitutional principle: equal MP status and voting rights

Question 18

why did the lord argue there was an urgent need to rebalance the executive and legislatives power

Answer 18

• urgent need to rebalance power between the two
• skeleton bills: very unspecific and ministers decide on ‘hidden’ secondary bills
• HVIII: ministers can amend and repeal parl acts with unscrutinised 2nd leg
• disguised law: gov guidelines that are binding but are not overseen by the government (secondary)

Question 19

dissolution and calling of parliament act 2022

Answer 19

• prerogative powers to dissolve parliament and call a general election are exercisable again
• courts cannot question limits and extents

Question 20

why was the internal markets act 2020 criticised by devolved bodies

Answer 20

• without S,W, NI consent !!!
• mutual recognition, acceptable in one part of the UK so accepted everywhere else
• nondiscrimination, each nation’s rules cannot discriminate against goods/services from another part of the UK
• devolved governments were undermined and cannot decide for themselves

Question 21

Northern ireland protocol and the union

Answer 21

• NI: follows EU rules of product standards and carry out checks on certain goods that arrive from GB
• creates unacceptable borders in the irish sea–> undermines NI UK place
• increases business losses and shortages

Question 22

what did the elections act 2022 do

Answer 22

• photo identification needed when voting
• electoral commission, ministers can set strategies and priorities
• fixed number of 650 constituencies,
• mayoral and P(police) CC elections now use FPTP
• removes restrictions on overseas british citizens and reforms EU citizens voting rights

Question 23

describe the 3 main aims for reform of the constitution

Answer 23

1. active participation and engagement
2. fair representation
3. good governance

Question 24

pros of active participation and engagement

Answer 24

1. lowering voter age to 16 could increase participation (2014 scot ref)
2. wider use of e democracy: online petitions, citizens assmebly and jury
3. candidate selection: wider access to office, more diverse

Question 25

cons of active participation and engagement

Answer 25

1. change in voter reg from household to individual lowered voter reg numbers
2. candidate selection: large number of female mps but the socioeconomic profile of those in the commons remains unchanged (middle class)

Question 26

pros of fair representation

Answer 26

1. FPTP recognised as inadequate
2. redrawing electoral districts: boundary commissions, proposals see a move towards more equal parl constituencies

Question 27

cons of fair rep

Answer 27

1. FPTP accepted as inequitable but little progress has been made to remove it since the 2011 referendum
2. new electoral districts meant for 2020 elections but it is currently 2023

Question 28

good governance pros

Answer 28

1. devolved powers (S+W) have extended powers in scope and depth

Question 29

good governance cons

Answer 29

1. second part of lords reform (second chamber party elected) is no closer to completion since HoLA 1999
2. HoLA 2014 and recall of Mp act 2015 are not impressive and are weak, (recall of mp weaker than US state laws on reps)
3. local gov of devolved powers not keen on ‘renaissance’ of electoral commission or UK parties 2015 GE manifestos