New Labour's constitutional reforms Flashcards
How has the British constitution evolved historically?
Peacefully and pragmatically
How has the consitution been viewed historically?
As legitimate and effective; with the main parties willing to operate within its framework
What happened towards the end of the end of the 20th century that led to increased calls for constitutional reform?
- Societal changes
- Pressure by groups like unlock democracy
What had labour traditionally viewed the idea of constitutional reform as?
A distraction from their main goal of aiding the working class
When did Labour come to embrace the idea of constitutional reform?
During their 18 year period in opposition
Why did New Labour want to get most of their constitutional reforms through in the first 5 years?
Because of their 179 majority making legislation easier to pass
What 4 themes were New Labour’s constitutional reforms based upon?
- Modernisation
- Democratisation
- Rights
- Decentralisation
Define modernisation in this context
Institutions of state were using inefficient processes that demanded reform
Define democratisation in this context
Participation would be encouraged through electoral reform and referendums
Define decentralisation in this context
Decision making powers would be devolves to the constituent nations of the UK and more power would be given to local government
Define rights in this context
The rights of citizens would be strengthened and safeguarded
Why could Gordon Brown not achieve many of his goals around constitutional reform?
Because of his short time in office and the impact of the economic crisis
Define devolution
The transfer of certain legislative and executive powers from central government to subnational institutions
Why can the UK be seen as a system of asymmetric devolution?
Because there is no set blueprint and powers differ from region to region
In what year were the devolved assemblies created following the approval of referendums?
1999
What was Holyrood given at its creation?
Primary legislative powers over certain policy areas and tax varying powers
What did the 2012 Scotland Act do?
Granted Holyrood tax raising powers
What are the three main policy areas that Holyrood has total control over?
Education, health and local government
What is the West Lothian Question?
Asks why Scottish MPs can vote on English affairs that no longer effect their constituents, while English MPs cannot vote on Scottish laws
Why was the Welsh Senedd initially weaker than Holyrood?
They had secondary rather than primary legislative and executive authority. This meant that they could only fill in the details of and implement legislation
What are the two main things that separate Stormont from Holyrood?
- Special procedures to ensure cross community support
- It does not have tax varying powers
Why can the UK now be seen as quasi-federal?
- The central government of a unitary state has delegated some authority to devolved institutions
- Displays elements of a federal and unitary state
- ## Legal theory is centralised in theory but devolved in practise
How questions concerning the division of devolved powers solved?
By senior judges
What did the HRA do?
Positively enshrined the ECHR
What does the HRA force the government to do?
Make sure all legislation in compliant with the HRA
Who reviews legislation to ensure that it is HRA compliant?
Lawyers
What happens when legislation is not HRA compliant?
It cannot be immediately struck down by judges. Instead, it is up to ministers to decide whether or not it will be amended or repealed
When can ECHR signatories request a derogation?
When they are facing a national security crisis
What is a derogation?
A temporary exemption
Why did the UK ask for a derogation of the right to liberty and security following 9/11?
In order to allow for the detention of foreign nationals suspected of terrorism
When did the provisions of the HRA come into force?
2000
Why is the parliament binding on all public bodies aside from parliament?
To preserve parliamentary sovereignty
What is the only way laws that contravene with the act?
If the government declares an overwhelming reason for doing so
Why does parliament still have sovereignty despite the HRA?
Because parliament can repeal it at any time?
What did the conservatives want to replace the HRA with?
A British Bill of Rights
Why was the FOIA limited?
- The security services were exempt
- The government had the right to conceal information that it felt might affect its activities
Why did HR campaigners see the FOIA as weak when it was passed?
Because the onus is on the outsider to prove that information should be released
How did parliament attempt to block FOI requests about MP expenses in 2008?
By appealing to the high court
List the consequences of the expenses scandal
- Some gave up seats
- Some faced prosecutions
- Parliament was ridiculed and condemned
- The expenses system had to be radically reformed
What was the most significant change Labour made to local government?
The introduction of a directly elected London Mayor
What was the London Assembly created to do?
Scrutinise mayoral actions
Why can the elected mayor model be seen as a failure?
There were only 15 directly elected mayors by 2021
What did the Ken Livingston use his control of transport to do?
Introduce a congestion charge for motorists entering central London
What did the 1998 Jenkins report recommend in terms of electoral reform?
That FPTP be replaced with a hybrid system called AV+
Why can Labour’s commitment to electoral reform during their stint in opposition be seen as cynical?
They may have been looking to appeal to the Lib Dems in case a coalition needed to be formed
Why did New Labour’s support for electoral reform wane once they came to power?
Because they had just won a large majority under FPTP
Where did Labour actually carry out electoral reform?
In the devolved assemblies
Why were more proportional systems used in devolved regions?
To prevent Labour domination in Scotland and Wales and Unionist domination in NI
What did the 1999 House of Lords Act do?
Abolished all but 92 hereditory peers
What was the HoL Act intended to be?
The first stage of lords reform
What were the two main consequences of the HoL Act?
- No party had a majority
- Lords was largely made up of life peers
Why did Labour do little to reform the lords?
Because there was disagreement between the commons and lords on what a reformed chamber should look like
What was the Cranborne compromise?
The idea that 92 of the 753 hereditary peers would remain
How much did the HoL Act reduce the number of peers?
From 1330 to 669
Why did the HoL Act make the lords a more efficient and professional body?
Because more people held positions on the basis of merit rather than birth
How were committee chairs given enhanced status in 2004?
How were committee chairs given enhanced status in 2004?
They were given increased salaries
How did New Labour increase the independence of committees?
- Allowed the commons to elect members instead of them being chosen by party leaders
- Committee chairs are elected by party MPs instead of being selected by whips
What was established in 2010 to enhance the commons?
The BBBC
How did the BBBC allow for an increase in backbench influence and control?
Gave MPs control of parliamentary debate on 20 days of their choosing
How did New Labour’s reforms aid e-democracy?
A petitions committee was created to select issues for debate suggested via public e-petitions
What was the main focus of the 2005 constitutional reform act?
Judicial reform
When was the Supreme Court created?
2009
What did the creation of the Supreme Court do?
- It became the UK’s highest court
- Removed the judicial role of the house of lords
What political idea did the creation of the Supreme Court strengthen?
The separation of powers
Why is the Supreme Court limited?
It does not have the power to strike down legislation
How did the constitutional reform act limit the role of lord chancellor?
Removed their role as a member of the judiciary and a speaker in the house of lords. This enhanced the separation of powers, as they had previously served in all three branches of government
What were the three main consequences of the constitutional reform act?
- Separation of judiciary and government
- Creation of the Supreme Court
- Appointment of senior judges
Why is it important to have an independent judiciary?
So the three branches of government can have separate powers to provide checks and balances for one another
What was the highest court of appeal before the creation of the SC?
The Law Lords
Why were the law lords seen as inappropriate?
Because it meant that members of the judiciary were also members of the legislature. There is a strong belief that law and politics should be separate to safeguard the rule of law
Why can the creation of the supreme court be seen as a partly cosmetic exercise?
- It was made up of senior judges drawn out of the lords
- It has the same powers as the law lords once did
Who previously had control over the appointment of senior judges?
The PM and lord chancellor. There was a fear that appointments would be made for partisan reasons rather than on the basis of legal qualifications
What was the Judicial appointments commission set up to do?
Ensure that all candidates are suitable on the basis of legal qualifications
