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
