Constitutional Reform since 1997

Question 1

Demand for reform

Answer 1

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

Question 2

HoL Refrom

Answer 2

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.

Question 3

Reform did enough: HoL 1999

Answer 3

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

Question 4

Did Enough; HoL 1999 Life Peers

Answer 4

Dont have to worry about election or removal from office therefor cn consider the long-term interests of the country

Question 5

More reform is needed: HoL 1999

Answer 5

Still 92 hereditary peers wiich is outdated in meritocratic society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

Question 6

Devolution Reform 1998

Answer 6

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)

Question 7

Reform did enough: Devolution 1998

Answer 7

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

Question 8

More devolution needed: Wales

Answer 8

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.

Question 9

More devolution needed: Scotland

Answer 9

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

Question 10

More devolution needed: NI

Answer 10

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

Question 11

More devolution needed: England

Answer 11

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.

Question 12

HRA 1998

Answer 12

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

Question 13

HRA: Supreme Court

Answer 13

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.

Question 14

HRA Did Enough

Answer 14

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.

Question 15

More Reform is needed: HRA

Answer 15

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.

Question 16

Constititutional reform Act: SC

Answer 16

Established 2005, created SC as highest court of appeal.

Before this the UK’s senior judges sat in the HoL (Law Lords)

Question 17

Judicial Reform

Answer 17

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

Question 18

Lord Chancellor effects of 2005 CRA

Answer 18

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

Question 19

SC effects of CRA 2005

Answer 19

reformed to replace ‘law lords’ and be highest court of appeal

reform sperated parliament from the judiciary

Question 20

Appointments effects of CRA 2005

Answer 20

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

Question 21

CRA 2005 Reform did enough

Answer 21

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

Question 22

CRA 2005 more reform needed

Answer 22

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.

Question 23

Electoral Reform

Answer 23

Remained an important issue includes voting age and system

Question 24

Voting age

Answer 24

2014 Scottish Independence, voting age lowered to 16 for first time

Reians calls for lowering votng age for all UK elections.

Question 25

Electoral System

Answer 25

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.

Question 26

Fixed Term Parliaments Act 2011 (2010+)

Answer 26

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

Question 27

Further devolution to Wales (2010+)

Answer 27

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.

Question 28

Electod Mayors and Commisioners (2010+)

Answer 28

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)

Question 29

Further devolution to Scotland (2015+)

Answer 29

2016 ‘devo-max’ allowed financial powers over some taxes and welfare

more powers granted to Scotland in response to increased nationalism after 2014 referendum

Question 30

Recall of MP’s (2015+)

Answer 30

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.

Question 31

Devolution outside London (2015+)

Answer 31

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.