Quick Revision (advance info content) Flashcards
Outline the main reforms made to the UK Constitution under ‘New Labour’: 1997-2010
1) House of Lords - removed all but 92 hereditary peers
2) Electoral reform - forms of PR introduced for elections to devolved assemblies and European Parliament
3) Devolution - referendums in 1997 and 1998 - pragmatic package designed to damp down support for SNP
4) The Human Rights Act - incorporated ECHR into UK statute law - fair trial, freedom from slavery and degrading treatment, and respect for privacy and family life
5) The creation of the Supreme Court - 2005 Constitutional Reform Act
Assess the House of Lords reform under new Labour
- Would reduce the influence of Labour’s opponents within the political system - most hereditary peers were Conservatives
- Life peers - appointed on grounds of merit + reflects wide variety of fields of activity: politics, business, the TU movement, the arts and the military - no party enjoyed a dominant position
- 2000 - House of Lords Appointments Commission - nominated proportion of (non-party) peers
- PM and other party leaders still made nominations
Continues to lack democratic legitimacy
Assess the electoral reform under new Labour
Assess the Devolution reform under new Labour
Assess the Human Rights Act 1998
Assess the creation of the Supreme Court
Outline the main reforms made to the UK Constitution under the Coalition govt 2010-15
1) House of Lords reform and Commons boundary reform
2) Electoral reform - limited (AV rejected)
3) Rights - limited (Didn’t replace HRA)
4) Devolution - more powers to Scotland and Wales + EVEL
5) Fixed Term Parliaments Act (2011)
5) Reform of Commons - committees selected by MPs
6) The Recall of MPs Act (2015)
Assess the Lords reform and Commons boundary reform by coalition govt
Assess the electoral reform by the coalition govt
Assess the rights reform by the coalition govt
Assess the Devolution reform by the coalition govt
Assess the Fixed Term Parliament Act (2011)
Assess the committee reform in the Commons by the coalition govt
Assess the Recall of MPs Act (2015)
Outline the main reforms made to the UK Constitution under the conservative government 2015-present
What further reform could be made to the UK Constitution?
1) Devolution - still uneven to different parts of UK
2) Electoral - under-representation of smaller parties w/ FPTP
3) HoL reform - lacks democratic legitimacy
4) HRA 1998 - case for strengthening - on grounds that govt can take away important liberties
Outline the arguments in favour of a codified constitution for the UK
1) Amendments would be an orderly and careful process - would reduce chance of govt pushing through ill-considered changes
2) Entrenched Bill of Rights - would provide stronger protection of individual liberties
3) Greater clarity about rights of citizens and powers of govt - e.g. clearing up the uncertainty arising from conventions governing the power of PM
4) Constitutional court - staffed by senior judges with expert knowledge - would be able to assess constitutionality of actions by parliament and executive
Outline the arguments against a codified constitution for the UK
1) No public demand for this - difficult to find consensus on what to include - would entail years of debate and consultation
2) Uncodified allows for greater flexibility - Constitution is an organic entity - can adapt to political and social change - seen in reforms since 1997
3) Strong executive - able to take decisions rapidly in changing situations - e.g. counter-terrorism
4) Much of the historic constitution written - acts of parliament and works of authority providing clear guidance
5) Would put an unjustified degree of power in hands of unelected, unaccountable judges - may be out of touch with public opinion
Outline the arguments in favour of a ‘Bill of Rights’ for the UK
- Entrenched Bill of Rights - would provide stronger protection of individual liberties than the current HRA - as the introduction of control orders in 2005 demonstrated
- Citizens need greater clarity on the nature of their rights, and stronger protection against arbitrary govt actions
Outline the arguments against a ‘Bill of Rights’ for the UK
- Case for strengthening the HRA 1998 on the grounds that governments can currently take away important liberties by a simple majority vote in parliament
Outline the nature of devolution in the UK
Distinguish between devolution and federalism
Devolution - devolved powers of the subnational authority may be temporary and are reversible, ultimately residing with the central govt
Devolution - powers of different subnational authorities uneven
Outline how devolution has taken place in England
- Elected mayors with executive powers - in London supported by the Greater London Assembly - share oversight of policy areas such as policing, transport and economic development - by 2015 a further 16 urban areas had decided to adopt the elected mayor model
- Enhancements of powers to local council
Outline how devolution has taken place in Scotland
- 1999 - Holyrood - Scottish parliament - 129 MSPs - uses AMS
- Provides scrutiny to Scottish govt, devises and implements policy on matters devolved to Scotland + proposes annual budget to the parliamentary