Constitutional Reform since 1997 Flashcards
Demand for reform
Came from groups wanting to modeise Britich institutions and a growing distrust in traditional ones
Growind demand from Scotland and fix problems in NI
Came about in 1997 under Tony Blair New Labour
Debates about wether these reforms went far enough
HoL Refrom
HoL Act 1999 removed all but 92 hereditary peers
Lords became mainly appointed based on merit as opposed to by birth with hereditary removed mainly.
Reform did enough: HoL 1999
More modenised, legitimate and proffessional body and removed majority of hereditary peers.
Unelected house means experts can be appointed e.g. Lord Norton (constitution expert)
People who represent underrepresented groups in society can be appointed e.g. Lord Bird (ex-homeless man and founder of Big Issure) represent the homeless
Did Enough; HoL 1999 Life Peers
Dont have to worry about election or removal from office therefor cn consider the long-term interests of the country
More reform is needed: HoL 1999
Still 92 hereditary peers wiich is outdated in meritocratic society
26 bishops but no representation of other religions
Party leader can still make appointments (potentially unjust)
Remains unelected despite influencing lawmaking and holdint government account
Very Large and Costly, 800 peers, 2nd largest legislative chamber in the world. 2017 Burns report called for a reduction in size and term limits of members
Devolution Reform 1998
1998 Scotland Act, Northern Ireland Act and Government of Wales Act extablished devolution.
Growing demand for Scottish independence and a need to unite NI (Unionist and Nationalist Parties)
Reform did enough: Devolution 1998
Transformed the situation in NI through the Assembly and The Good Friday agreement
Until collapse of power-sharing agreement in 2017, parties worked together
Calls for devolution in england but referendum rejected idea of an elected regional assembly
More devolution needed: Wales
Has has multiple pieces of legislation furthering its powers due to the imbalanc eof powers it was given in 1998 compared to Scotland
Welsh Nationalist movement has been goriwng and demand has gone up.
More devolution needed: Scotland
2014 Scottish I referendum narrowly won by unionists. The SNP are much more populer and electorally successful than 1998
Further devolution to Scotland in 2016
More devolution needed: NI
Since 2016 discussions on how brexit will work with NI as it Borders Republic of Ireland (EU)
NI Act 1998 will needed to be amended in brexit process causing possible conflict with Ireland
More devolution needed: England
West Lothian Question - Scottish Mp’s able to vote in HoC on matters that only affect England whilst English MP’s have no say in devolved Scottish matter. Answered by EVEL (English Votes for English Laws) BUT was abolished in July 2021
Barnett Formula - amount of funding each part of Uk is given as devised in 1978. Formula means Scotland, Wales and NI receive more money than England.
HRA 1998
Incorporated ECHR into UK law, contained freedoms to life, a fair trial, of expression and from discrimination.
States must hold free and fair elections, abolish the death penalty, give foreigners the same rights as all citizens
HRA: Supreme Court
Judiciary must make rulings compatible with the HRA, public bodies cannot act that would break the convention
SC can strike down secondary legislation incompatible with the HRA, but for primary they can only issue a ‘Doctrine of Incompatibility, urging parliament to change statute due to parliamentary soveriegnty.
HRA Did Enough
Rights of British Citizens are clearly laid out in one easily accessible piece of legislation
8-fold increase in HR cases after the HRA was passed.
More Reform is needed: HRA
Some conservatves want to replace with a British Bill of Rights that defines certain rights more narrowly.
Despite HRA it’s possible for the government to restrict the human rights of individuals…
Example - 2005 government introduced control orders to restrict movements of suspected terrorists. To do this they had to declare and exemption fro Article 5 of the HRA for those who fall under suspicion.
Constititutional reform Act: SC
Established 2005, created SC as highest court of appeal.
Before this the UK’s senior judges sat in the HoL (Law Lords)
Judicial Reform
2005 Constitutional Reform Act had 3 major effects…
seperated gov. and judiciary
formed SC seperating parliament from judiciary
reformed appointment process for senior judicial appointments
Lord Chancellor effects of 2005 CRA
Splits powers into 3 roles: Government role, Lord SPeaker presiding over the HoL and the Lord Chief Justice as head of Judiciary
These reforms made judiciary more indepedent
SC effects of CRA 2005
reformed to replace ‘law lords’ and be highest court of appeal
reform sperated parliament from the judiciary
Appointments effects of CRA 2005
Act established a Judicial Appointements Commision (JAC) to appoint solely on their legal qualifications and ability
Gov. makes final decision on appointments but must be approved by JAC
CRA 2005 Reform did enough
Clear seperation of 3 branches preventing abuse of power
Judiciary physically and constitutionally seprate from executive and legislature, allowing for greater independence and strengthening rule of Law
CRA 2005 more reform needed
SC much weaker than other liberal democracies (with codified constitution) as it cannot strike down legisationas it weakens parliamentary sovereignty
SC is not very diverse but niether is the ex-perienced judges from which they have to choose their ranks and is a problem throughout the judiciary.
Electoral Reform
Remained an important issue includes voting age and system
Voting age
2014 Scottish Independence, voting age lowered to 16 for first time
Reians calls for lowering votng age for all UK elections.
Electoral System
Devolved bodies introduced AMS to Wales and Scotland, STV in NI
Referendum held for AV in 2011 for Westminster General Elections but was rejected as FPTP is preferred.
Fixed Term Parliaments Act 2011 (2010+)
5 year periods between GE, took power away from PM to call whenever wished
Election can only occur if 2/3rds majority fo MP’s pass a motion for an early election of if a vote of no confidence in the gov. is passed.
Example - 2017 May able to call GE as 2/3rds vited in favour of election
Further devolution to Wales (2010+)
Government of Wales ACt 2014 extended lawmaking powers
Gave welsh gov. control over some taxes and included provision for a referndum over whether its national gov. should have control over income tax.
Example - 2015 welsh government was grnted control of income tax up to £3billion yealry without a referendum.
Electod Mayors and Commisioners (2010+)
elected mayors in many cities across england
police comissioners introduced to have responsibility of policing qualty across england and wales who have been elected using supplementary vote system (SV)
Further devolution to Scotland (2015+)
2016 ‘devo-max’ allowed financial powers over some taxes and welfare
more powers granted to Scotland in response to increased nationalism after 2014 referendum
Recall of MP’s (2015+)
2015 Recall of MP’s Act gave constituencies power to recall MP whose misbehaved
To be recalled, over 10% of constuents need to support the petition in favour of it.
Devolution outside London (2015+)
2015 Conservative gov. gave powers to large cities
Cities able to keep revenue from business rates to fund local projects and policies
2016 Manchester given control of its own budget for social and health care previously controlled by authorities.
