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Politics (Mr Brown) > New Labour's constitutional reforms > Flashcards

New Labour's constitutional reforms Flashcards

1
Q

How has the British constitution evolved historically?

A

Peacefully and pragmatically

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2
Q

How has the consitution been viewed historically?

A

As legitimate and effective; with the main parties willing to operate within its framework

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3
Q

What happened towards the end of the end of the 20th century that led to increased calls for constitutional reform?

A
  • Societal changes
  • Pressure by groups like unlock democracy
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4
Q

What had labour traditionally viewed the idea of constitutional reform as?

A

A distraction from their main goal of aiding the working class

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5
Q

When did Labour come to embrace the idea of constitutional reform?

A

During their 18 year period in opposition

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6
Q

Why did New Labour want to get most of their constitutional reforms through in the first 5 years?

A

Because of their 179 majority making legislation easier to pass

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7
Q

What 4 themes were New Labour’s constitutional reforms based upon?

A
  • Modernisation
  • Democratisation
  • Rights
  • Decentralisation
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8
Q

Define modernisation in this context

A

Institutions of state were using inefficient processes that demanded reform

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9
Q

Define democratisation in this context

A

Participation would be encouraged through electoral reform and referendums

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10
Q

Define decentralisation in this context

A

Decision making powers would be devolves to the constituent nations of the UK and more power would be given to local government

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11
Q

Define rights in this context

A

The rights of citizens would be strengthened and safeguarded

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12
Q

Why could Gordon Brown not achieve many of his goals around constitutional reform?

A

Because of his short time in office and the impact of the economic crisis

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13
Q

Define devolution

A

The transfer of certain legislative and executive powers from central government to subnational institutions

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14
Q

Why can the UK be seen as a system of asymmetric devolution?

A

Because there is no set blueprint and powers differ from region to region

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15
Q

In what year were the devolved assemblies created following the approval of referendums?

A

1999

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16
Q

What was Holyrood given at its creation?

A

Primary legislative powers over certain policy areas and tax varying powers

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17
Q

What did the 2012 Scotland Act do?

A

Granted Holyrood tax raising powers

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18
Q

What are the three main policy areas that Holyrood has total control over?

A

Education, health and local government

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19
Q

What is the West Lothian Question?

A

Asks why Scottish MPs can vote on English affairs that no longer effect their constituents, while English MPs cannot vote on Scottish laws

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20
Q

Why was the Welsh Senedd initially weaker than Holyrood?

A

They had secondary rather than primary legislative and executive authority. This meant that they could only fill in the details of and implement legislation

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21
Q

What are the two main things that separate Stormont from Holyrood?

A
  • Special procedures to ensure cross community support
  • It does not have tax varying powers
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22
Q

Why can the UK now be seen as quasi-federal?

A
  • 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
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23
Q

How questions concerning the division of devolved powers solved?

A

By senior judges

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24
Q

What did the HRA do?

A

Positively enshrined the ECHR

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25
Q

What does the HRA force the government to do?

A

Make sure all legislation in compliant with the HRA

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26
Q

Who reviews legislation to ensure that it is HRA compliant?

A

Lawyers

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27
Q

What happens when legislation is not HRA compliant?

A

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

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28
Q

When can ECHR signatories request a derogation?

A

When they are facing a national security crisis

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29
Q

What is a derogation?

A

A temporary exemption

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30
Q

Why did the UK ask for a derogation of the right to liberty and security following 9/11?

A

In order to allow for the detention of foreign nationals suspected of terrorism

31
Q

When did the provisions of the HRA come into force?

A

2000

32
Q

Why is the parliament binding on all public bodies aside from parliament?

A

To preserve parliamentary sovereignty

33
Q

What is the only way laws that contravene with the act?

A

If the government declares an overwhelming reason for doing so

34
Q

Why does parliament still have sovereignty despite the HRA?

A

Because parliament can repeal it at any time?

35
Q

What did the conservatives want to replace the HRA with?

A

A British Bill of Rights

36
Q

Why was the FOIA limited?

A
  • The security services were exempt
  • The government had the right to conceal information that it felt might affect its activities
37
Q

Why did HR campaigners see the FOIA as weak when it was passed?

A

Because the onus is on the outsider to prove that information should be released

38
Q

How did parliament attempt to block FOI requests about MP expenses in 2008?

A

By appealing to the high court

39
Q

List the consequences of the expenses scandal

A
  • Some gave up seats
  • Some faced prosecutions
  • Parliament was ridiculed and condemned
  • The expenses system had to be radically reformed
40
Q

What was the most significant change Labour made to local government?

A

The introduction of a directly elected London Mayor

41
Q

What was the London Assembly created to do?

A

Scrutinise mayoral actions

42
Q

Why can the elected mayor model be seen as a failure?

A

There were only 15 directly elected mayors by 2021

43
Q

What did the Ken Livingston use his control of transport to do?

A

Introduce a congestion charge for motorists entering central London

44
Q

What did the 1998 Jenkins report recommend in terms of electoral reform?

A

That FPTP be replaced with a hybrid system called AV+

45
Q

Why can Labour’s commitment to electoral reform during their stint in opposition be seen as cynical?

A

They may have been looking to appeal to the Lib Dems in case a coalition needed to be formed

46
Q

Why did New Labour’s support for electoral reform wane once they came to power?

A

Because they had just won a large majority under FPTP

47
Q

Where did Labour actually carry out electoral reform?

A

In the devolved assemblies

48
Q

Why were more proportional systems used in devolved regions?

A

To prevent Labour domination in Scotland and Wales and Unionist domination in NI

49
Q

What did the 1999 House of Lords Act do?

A

Abolished all but 92 hereditory peers

50
Q

What was the HoL Act intended to be?

A

The first stage of lords reform

51
Q

What were the two main consequences of the HoL Act?

A
  • No party had a majority
  • Lords was largely made up of life peers
52
Q

Why did Labour do little to reform the lords?

A

Because there was disagreement between the commons and lords on what a reformed chamber should look like

53
Q

What was the Cranborne compromise?

A

The idea that 92 of the 753 hereditary peers would remain

54
Q

How much did the HoL Act reduce the number of peers?

A

From 1330 to 669

55
Q

Why did the HoL Act make the lords a more efficient and professional body?

A

Because more people held positions on the basis of merit rather than birth

56
Q

How were committee chairs given enhanced status in 2004?

A
57
Q

How were committee chairs given enhanced status in 2004?

A

They were given increased salaries

58
Q

How did New Labour increase the independence of committees?

A
  • 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
59
Q

What was established in 2010 to enhance the commons?

A

The BBBC

60
Q

How did the BBBC allow for an increase in backbench influence and control?

A

Gave MPs control of parliamentary debate on 20 days of their choosing

61
Q

How did New Labour’s reforms aid e-democracy?

A

A petitions committee was created to select issues for debate suggested via public e-petitions

62
Q

What was the main focus of the 2005 constitutional reform act?

A

Judicial reform

63
Q

When was the Supreme Court created?

A

2009

64
Q

What did the creation of the Supreme Court do?

A
  • It became the UK’s highest court
  • Removed the judicial role of the house of lords
65
Q

What political idea did the creation of the Supreme Court strengthen?

A

The separation of powers

66
Q

Why is the Supreme Court limited?

A

It does not have the power to strike down legislation

67
Q

How did the constitutional reform act limit the role of lord chancellor?

A

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

68
Q

What were the three main consequences of the constitutional reform act?

A
  • Separation of judiciary and government
  • Creation of the Supreme Court
  • Appointment of senior judges
69
Q

Why is it important to have an independent judiciary?

A

So the three branches of government can have separate powers to provide checks and balances for one another

70
Q

What was the highest court of appeal before the creation of the SC?

A

The Law Lords

71
Q

Why were the law lords seen as inappropriate?

A

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

72
Q

Why can the creation of the supreme court be seen as a partly cosmetic exercise?

A
  • It was made up of senior judges drawn out of the lords
  • It has the same powers as the law lords once did
73
Q

Who previously had control over the appointment of senior judges?

A

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

74
Q

What was the Judicial appointments commission set up to do?

A

Ensure that all candidates are suitable on the basis of legal qualifications

Politics (Mr Brown) (66 decks)

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