Constitutional reforms Flashcards
What 2 things must there be in order for a constitutional change to be passed?
Widespread, popular support for it (gained through a referendum) and it must be in the long term interests of the country (through special parliamentary procedures).
Why is democratisation a principle for constitutional reform?
Too much of the British political system is undemocratic, such as the unelected House of Lords and the unrepresentative electoral system, although neither of these two issues have been addressed since the AV electoral reform referendum failed in 2011 and the only change made to the House of Lords was the removal of most of its hereditary peers.
How progressive has constitutional reform been regarding decentralisation?
Large amount of progress, as devolution has dispersed power considerably in 1998 and the introduction of elected mayors in London and other cities has helped move power to local centres. The introduction of elected Police Commissioners after 2012 helps to decentralise control over the police.
Why have the restoration of rights become a constitutional reform principle?
During the 1980s, there were fears that citizens rights were being consistently eroded under the Conservatives and Labour wanted to bring Britain more into line with European practice in constitutional matters, so they proposed the incorporation of the ECoHR into British law. In addition, a Freedom of Information Act was seen as essential in a drive to create more open and accountable government and these two actions have a major impact on the safeguarding of rights in the UK.
Why has modernisation become a constitutional reform principle?
Both the Labour party after 1997 and the coalition have sought to bring the British constitution into line with other modern arrangements in western democracies. The stronger protection of rights and the right to obtain official information for citizens brings the UK into line with most other democracies. Referendum use has grown in the UK, bringing the UK into line with common European practice. But the failure to reform the second chamber or codify the constitution means that the British system remains ‘traditional’ rather than ‘modern’.
Why were reforms proposed in the House of Lords?
Democratisation
What reforms were promised in the House of Lords?
Abolishment of hereditary peers
What reforms were made in the House of Lords?
House of Lords Act 1999
Resulted in most hereditary peers being abolished - only 92 remain. But this removed the Conservative majority and the democratic legitimacy increased.
What were the criticisms of the House of Lords Act 1999?
Further reform was needed, as hereditary peers still remain and there is still no agreement regarding its composition - fully elected, appointed or a mix. Elected would basically create a second H of C and a proportional system would result in the H of L being more legitimate than Commons - can’t make a disproportional system. The coalition committed to introducing an elected second chamber, but there was no progress. Still falls short of being accountable and representative.
Why was the reform of the House of Commons proposed?
Modernisation
What did the House of Commons reforms promise?
To review and modernise the Commons
What reforms were made in the House of Commons?
PMQs changed from 15 minutes every Tuesday and Thursday to 30 minutes every Wednesday
Sitting hours reduced
PM meets with the Liason Committee twice a year
What criticisms were made of the House of Commons reforms?
PMQs being once a week means less scrutiny
Still remains ineffective and inefficient
The lack of accountability is seen as a fundamental problem and only a reformed, revitalised Commons can provide this
Why were reforms proposed regarding devolution?
Decentralisation
What did devolution promise?
Scottish Parliament
Welsh Assembly
Greater London Authority
What reforms were made regarding devolution?
Scottish Parliament (1998) Welsh Assembly (1998) Greater London Authority (1999) established
How were the reforms regarding devolution criticised?
Scotland still not satisfied - they wanted Scottish independence.
Attempted establishment of a North East regional assembly in 2004, but people voted against it.
Why were human rights reforms proposed?
Modernisation - increase of police powers that occurred in 1980s and 1990s seen as a major threat
Government had been brought before the European Court of HR more than 50 times since 1966 and had lost most of the cases - embarrassing
Part of devolution settlements, designed to reassure citizens that devolution wouldn’t threaten their rights
What human rights reforms were promised?
Human Rights Act
What human rights reforms were made?
Human Rights Act 1998, which made the European Convention on Human Rights part of British law in 2000
How was the Human Rights Act 1998 criticised?
Parliamentary sovereignty not affected and parliamentary legislation is an exception to its jurisdiction. If it was binding it would provide a major check on government power.
Why was electoral reform proposed?
Democratisation
What reforms were promised?
A referendum on electoral reform
What reforms were made regarding electoral reform?
Referendum on reforming electoral system to AV in 2011
What was the result of the 2011 AV referendum?
The referendum provided no result
Why was reform for Freedom of Information proposed?
Modernisation
What reforms were promised regarding Freedom of Information?
Legislation enforcing freedom of information
What changes were made regarding Freedom of Information?
Freedom of Information Act 2000
What were the criticisms of the Freedom of Information Act?
HR campaigners thought it was too weak as it was a watered down version of the European measures and allows government to remain over-secretive
What is the Human Rights Act 1998?
It incorporates the European Convention on Human Rights into British law and became binding on all political bodies but Parliament
What is the Freedom of Information Act 2000?
Gives citizens the right to see information that is held about them by public bodies (government, schools, medical bodies etc.) and there’s a public right to see the workings of government. The ability to suppress information would be limited and the media and Parliament would have a much greater access to information.
But what rights does government have regarding freedom of information?
The right to conceal information if it feels it might prejudice the activities of government
Why was an Information Tribunal set up?
The tribunal could rule on what information can and should be released. It had proved to be more sympathetic to freedom of information than was envisaged.
Why was the Information Tribunal criticised?
Humans rights campaigners thought it was too weak.
What is the argument for devolution regarding demand?
Growing popular demand for more self government in the national regions
What is the argument for devolution regarding national regions?
National regions have different needs to England, which should be reflected in stronger regional government
What is the argument for devolution regarding decision making?
Places decision making closer to the people
What is the argument for devolution regarding demands for independence?
By conceding devolution the demands for fuller independence will be headed off, thus preventing the break-up of the UK
What is the argument for devolution regarding democracy?
More democratic as government will be brought closer to the people.
What is the argument for devolution regarding workload?
Reduces workload of Parliament and government
What is the argument for devolution regarding national boundaries?
Recognises the new idea of a ‘Europe of the regions’ rather than separate states, that is, national boundaries will become less important than regional differences
What do Conservatives argue against devolution?
Believe it may lead to the break-up of the UK as demands for independence will be fuelled by devolution
What is the argument against devolution regarding demand?
It’s argued that demand for devolution was over-exaggerated, especially in Wales, so it was unnecessary
What is the argument against devolution regarding layers of government?
It creates an extra layer of government, which will increase costs to the taxpayer
What is the argument against devolution regarding Scotland?
In Scotland, it was feared that taxes here would inevitably rise because Scotland is less prosperous than the UK as a whole
What is the argument against devolution regarding confusion?
It will lead to confusion as there is an additional layer of bureaucracy
What do nationalists argue against devolution?
Nationalists have argued that devolution doesn’t go far enough and British government has retained all the important powers for itself. They’ve also argued they should have a separate voice in Europe, but devolution doesn’t give them this.
What is an argument against devolution regarding sovereignty?
The West Lothian Question.
What is the West Lothian Question?
Devolved parliaments and assemblies - Scotland, Wales and Northern Ireland - can debate and vote on issues in Parliament that only affect England, but Parliament can’t vote on issues only affecting devolved regions. Unfair and undemocratic!
