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Z: A2 GOVP2 RESIT > Have constitutional reforms gone far enough? > Flashcards

Have constitutional reforms gone far enough? Flashcards

1
Q

What are the arguments that reforms of DEVOLUTION have been successful?

A

Strengthened representation - members of devolved assemblies know the needs of their constituents

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2
Q

Describe the reforms of DEVOLUTION.

A

Following successful referendums, power was greatly decentralised from Parliament:

  • Scotland Act 1998 (created Scottish Parliament)
  • Government of Wales Act 1998 (created Welsh Assembly); Welsh Devolution Referendum 2011 (strengthened Welsh Assembly’s initial weak powers, approving devolution of primary legislative powers)
  • Good Friday Agreement 1998 (created Northern Ireland Assembly)
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3
Q

Describe the reforms of DEVOLUTION.

A

Following successful referendums, power was greatly decentralised from Parliament:

  • Scotland Act 1998 (created Scottish Parliament)
  • Government of Wales Act 1998 (created Welsh Assembly); Welsh Devolution Referendum (strengthened Welsh Assembly’s initial weak powers, approving devolution of primary legislative powers)
  • Good Friday Agreement 1998 (created Northern Ireland Assembly)
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4
Q

What three 1998 referendums were crucial in DEVOLUTION reform?

A
  • Scotland Act
  • Government of Wales Act
  • Good Friday Agreement
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5
Q

How was the Scottish Parliament created?

A

Scotland Act 1998

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6
Q

What did the Scotland Act 1998 achieve?

A

Created Scottish Parliament

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7
Q

When was the Scotland Act?

A

1998

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8
Q

How was the Welsh Assembly created?

A

Government of Wales Act 1998

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9
Q

What was the issue with the Welsh Assembly created by the Government of Wales Act 1998?

A

Initially weak powers

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10
Q

a) What was the issue with the Welsh Assembly created by the Government of Wales Act 1998?
b) How was this rectified?

A

a) Initially weak powers

b) Welsh Devolution Referendum 2011 - approved devolution of primary legislative powers

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11
Q

How were the initially weak powers of the Welsh Assembly rectified?

A

Welsh Devolution Referendum 2011 - approved devolution of primary legislative powers

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12
Q

How did the Welsh Devolution Referendum 2011 strengthen the initially weak powers of the Welsh Assembly?

A

Approved devolution of primary legislative powers

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13
Q

When was the Welsh Devolution Referendum?

A

2011

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14
Q

How was the Northern Ireland Assembly created?

A

Good Friday Agreement 1998

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15
Q

What did the Government of Wales Act achieve?

A

Created the Welsh Assembly

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16
Q

When was the Government of Wales Act?

A

1998

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17
Q

What did the Good Friday Agreement 1998 achieve?

A

Created Northern Ireland Assembly

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18
Q

When was the Good Friday Agreement?

A

1998

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19
Q

What are the arguments to say that the DEVOLUTION reforms were successful/enough?

A

Strengthened representation - members of devolved assemblies know the needs of their constituents

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20
Q

Why did the DEVOLUTION reforms strengthen representation?

A

Members of devolved assemblies know the needs of their constituents

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21
Q

What are the arguments to say that the DEVOLUTION reforms did not go far enough?

A
  • Since defeat of 2014 Scottish referendum, government has outlined plans to devolve further financial powers (e.g. vary income taxes and benefits levels)
  • Government has suggested a Welsh referendum on devolving limited powers to vary income tax levels
  • Devolution is an ongoing debate; Westlothian question (Should MPs from devolved powers be able to vote on strictly English issues?)
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22
Q

Give examples of the further financial powers planned to be devolved to Scotland (since defeat of 2014 referendum).

A

Vary income taxes and benefit levels

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23
Q

What has the defeat of the 2014 Scottish referendum encouraged the government to do?

A

Outline plans to devolve further financial powers (e.g. vary income taxes and benefit levels)

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24
Q

What sort of powers have the government outlined to devolve to Scotland as a result of the defeat of the 2014 Scottish referendum?

A

Financial powers (e.g. vary income taxes and benefit levels)

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25
Q

Why have the government outlined plans to devolve further financial powers to Scotland?

A

Defeat of 2014 referendum

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26
Q

Describe the plans for further devolution to Wales.

A

Referendum to induce limited devolved powers (to vary income tax levels)

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27
Q

Why is devolution an ongoing debate?

A

Westlothian question remains unanswered

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28
Q

What is the Westlothian question?

A

Should MPs from devolved powers/assemblies be able to vote on strictly English issues?

29
Q

Describe how the HUMAN RIGHTS ACT caused constitutional reforms in 1998.

A

Made rights listed in the European Convention on Human Rights part of UK statute law - previously citizens had to take cases where they felt their rights violated had to go to European Court of Human Rights

30
Q

Previous to the 1998 Human Rights Act, what was the protocol for citizens who felt their rights had been violated?

A

Take their case to the European Court of Human Rights

31
Q

What rights were made part of UK statute law as a result of the Human Rights Act 1998?

A

Those listed in the European Convention on Human Rights

32
Q

What did the Human Rights Act 1998 make the laws listed in the European Convention on Human Rights part of?

A

UK statute law

33
Q

What are the arguments to say that the DEVOLUTION reforms were successful/enough?

A

Strengthened representation - members of devolved assemblies know the needs of their constituents

34
Q

How did the Human Rights Act affect the judiciary?

A

Strengthened judiciary to issue declarations of incompatibility where laws do not comply and allows them to interpret existing statutes to comply with HRA

35
Q

How did the Human Rights Act affect Parliament?

A

Shaped Parliament’s behaviour by requiring new bills to be issued with statements explaining compliance with HRA

36
Q

In what ways did the HRA strengthen the judiciary?

A
  • Issue declarations of incompatibility where laws do not comply
  • Allows them to interpret existing statutes to comply with HRA
37
Q

What has the defeat of the 2014 Scottish referendum encouraged the government to do?

A

Outline plans to devolve further financial powers (e.g. vary income taxes and benefit levels)

38
Q

What sort of powers have the government outlined to devolve to Scotland as a result of the defeat of the 2014 Scottish referendum?

A

Financial powers (e.g. vary income taxes and benefit levels)

39
Q

Why have the government outlined plans to devolve further financial powers to Scotland?

A

Defeat of 2014 referendum

40
Q

Describe the plans for further devolution to Wales.

A

Referendum to induce limited devolved powers (to vary income tax levels)

41
Q

Why is devolution an ongoing debate?

A

Westlothian question remains unanswered

42
Q

What is the Westlothian question?

A

Should MPs from devolved powers/assemblies be able to vote on strictly English issues?

43
Q

Describe how the HUMAN RIGHTS ACT caused constitutional reforms in 1998.

A

Made rights listed in the European Convention on Human Rights part of UK statute law - previously citizens had to take cases where they felt their rights violated had to go to European Court of Human Rights

44
Q

Previous to the 1998 Human Rights Act, what was the protocol for citizens who felt their rights had been violated?

A

Take their case to the European Court of Human Rights

45
Q

What rights were made part of UK statute law as a result of the Human Rights Act 1998?

A

Those listed in the European Convention on Human Rights

46
Q

Describe the judicial reform that has taken place.

A

Constitutional Reform Act (2005) established a UK Supreme Court and reformed judges appointment process by introducing Judicial Appointments Commission

  • PM used to personally appoint law lords and Appeal Court judges (on the recommendation of the Lord Chancellor)
  • Now these appointments are made by dedicated SC selection commission, comprising 1 JAC member, President and Deputy of SC, and further individuals from appointment bodies of Scotland, Wales and NI
47
Q

What are the arguments that the Human Rights Act was successful in its reforms?

A
  • Provided citizens with a clear list of rights to use in UK courts
  • Strengthened judiciary to issue declarations of incompatibility where laws do not comply and allows them to interpret existing statutes to comply with HRA
  • shaped Parliament’s behaviour by requiring new bills to be issued with statements explaining compliance with HRA
48
Q

How did the Human Rights Act affect citizens?

A

Provided them with a clear list of rights to use in UK courts

49
Q

How did the Human Rights Act affect the judiciary?

A

Strengthened judiciary to issue declarations of incompatibility where laws do not comply and allows them to interpret existing statutes to comply with HRA

50
Q

How did the Human Rights Act affect Parliament?

A

Shaped Parliament’s behaviour by requiring new bills to be issued with statements explaining compliance with HRA

51
Q

In what ways did the HRA strengthen the judiciary?

A
  • Issue declarations of incompatibility where laws do not comply
  • Allows them to interpret existing statutes to comply with HRA
52
Q

What are the arguments that the Human Rights Act still needs further reforms?

A
  • Some Conservative MPs have called for a UK Bill of Rights to replace the HRA & ECHR, to rewrite and more narrowly define rights (e.g. ‘right to family life’ has been inaccurately used to stop extradition of criminals)
  • Conservatives argue ECHR undermines parliamentary sovereignty and are particularly frustrated by HIRST v. UK, where ECHR ruled a blanket ban on prisoner votes undermines human rights
  • As long as the UK are part of the EU (and are signatory to ECHR), we are obliged to implement the court’s rulings due to EU sovereignty. This could all change depending on the upcoming referendum which will decide if the UK remains part of the EU
53
Q

What have some Conservative MPs called for to replace the UK HRA and ECHR?

A

Bill of Rights

54
Q

Why have some Conservative MPs called for a UK Bill of Rights to replace the UK HRA and ECHR?

A

To rewrite and more narrowly define rights (e.g. ‘right to family life’ has been inaccurately used to stop extradition of criminals)

55
Q

Give an example of how the HRA has been inaccurately used.

A

‘Right to family life’ has been inaccurately used to stop extradition of criminals

56
Q

What do some Conservative MPs claim the ECHR undermines?

A

Parliamentary sovereignty

57
Q

What Supreme Court ruling are some Conservative MPs particularly frustrated by?

A

HIRST v. UK

58
Q

Why are some Conservative MPs particularly frustrated by the Supreme Court ruling HIRST v. UK?

A

ECHR ruled a blanket ban on prisoner votes, undermining human rights and the concept of parliamentary sovereignty

59
Q

What is HIRST v. UK an example of?

A

Undermining of parliamentary sovereignty by ECHR

60
Q

Why is the UK obliged to implement ECHR rulings?

A

EU sovereignty

61
Q

Describe the judicial reform that has taken place.

A

Constitutional Reform Act (2005) established a UK Supreme Court and reformed judges appointment process by introducing Judicial Appointments Commission

  • PM used to personally appoint law lords and Appeal Court judges (on the recommendation of the Lord Chancellor)
  • Now these appointments are made by dedicated SC selection commission, comprising 1 JAC member, President and Deputy of SC, and further individuals from appointment bodies of Scotland, Wales and NI
62
Q

What system of judicial appointments did the Constitutional Reform Act 2005 replace?

A

PM used to personally appoint law lords and Appeal Court judges (on the recommendation of the Lord Chancellor)

63
Q

How did the Constitutional Reform Act 2005 replace the old system of appointing judges?

A

Introducing Judicial Appointment Commission

64
Q

How are judicial appointments made as a result of the Constitutional Reform Act 2005?

A

Dedicated SC Selection Commission

65
Q

Who comprises the dedicated SC Selection Commission that now exists to appoint judges?

A
  • 1 JAC member
  • President and deputy of SC
  • Further individuals from appointment bodies of Scotland, Wales and NI
66
Q

What Act reformed the judicial appointments system?

A

Constitutional Reform Act 2005

67
Q

When was the Constitutional Reform Act?

A

2005

68
Q

What are the arguments that judicial reform has succeeded?

A

Significantly widened UK separation of powers and strengthened judicial independence

69
Q

What are the arguments that there are still reforms to be had for the UK judiciary?

A
  • Despite SC’s ability to declare laws incompatible with HRA, UK’s SC remains much weaker than its equivalent in other nations
  • SC would be stronger with a codified constitution and set of fundamental laws and rights as it would be able to strike down unconstitutional laws, creating a stronger separation of powers
  • Lack of diversity remains despite reform (only 1 female white judge)

Z: A2 GOVP2 RESIT (1 decks)

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