Constitutional reforms since 1997 Flashcards
why had the UK’s constitution not changed for a long time?
-There was a broad political consensus in support of the constitution
why do govts tend not to make reforms when they’re in power?
-Once in power they don’t want change as it worked for them, they have other priorities
When did the majority of New Labour’s reforms happen and why?
-When they had a strong mandate with a 179 majority
-As they could easily pass laws
4 Key themes that drove New Labours reforms
-Modernisation- they were outdated + inefficient procedures that demanded reform
-Democratisation- encouraged through electoral reform + more use of referendums
-Decentralisation- devolution, decision making powers devolved to new institutions: spreading powers away from Westminster
-Rights- citizens rights= strengthened + safeguarded
Human rights
-Allows UK citizens to appeal to UK courts instead of going abroad for their rights in EU courts
-BUT parliament can amend/repeal the HRA if it wishes to
Significance of HRA reforms
-Any new legislation must be compatible w HRA: govt has to amend it if the supreme court says it does not
-Protects rights
-Limits power of govt as the supreme court can pass incompatibility legislation
-Challenges parliamentary sovereignty
Successes of reforms to HRA
-Rights- strengthened rule of law + safeguarded citizens rights
-BUT parliament could just ignore or change legislation
what further change is needed to HRA?
-It is NOT entrenched, liberals would like to see the HRA entrenched
-Some would like to see it be protected in a codified constitution
-Cons have pledged to repeal it + replace it with a British Bill of Rights
Devolution
-Taking power away from Westminster + spreading it to other nations like Scotland, Wales + N.I
-Wales Act 2014 gave the Welsh govt limited powers to raise new forms of tax.
-Wales Act 2017- allowed Welsh assembly to determine its own electoral system
-Scotland Act 2016- increased devolved powers of the Scottish govt + parl
Significance of devolution
-Parliamentary sovereignty- decisions are made elsewhere so its no longer a key principle
-Parliaments could be removed BUT politically it’s impossible
-Legally Westminster could take power away from devolved nations
Successes of devolution
-Voices are heard
-Decisions taken closer to the people
-More powers extended to Scot, Wales + N.I
-BUT it is unclear + incoherent
Further changes needed to devolution
-The continued extension of powers
Electoral reform
-Since winning the 1997 GE, new labour lost interest in reform as FPTP is the reason they got into power
-Different electoral systems used in elections to devolved bodies
-New labour looked into reform but didn’t go through with it: 2011 failed AV referendum
Significance of electoral reforms
Little to no change
Successes of electoral reforms
-Limited impact on participation: other systems proven to be effective
-Turnout is improving
