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Politics Paper 2 > 1.2 How the constitution has changed since 1997 > Flashcards

1.2 How the constitution has changed since 1997 Flashcards

1
Q

4

Describe the aims of New Labour constitutional policy

A
  • Decentralisation
  • Democratisation
  • Transparency
  • Rights protection
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2
Q

5

List constitutional reforms under New Labour

A
  • House of Lords reform
  • electoral reform
  • devolution
  • Human Rights Act 1998
  • the Supreme Court.
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3
Q

7

Describe House of Lords reform under New Labour

A
  • House of Lords Act 1999
  • all but fixed number of 92 hereditary peers removed
  • new heriditary peer elected by HoL when one passes/resigns
  • only nominated life peers could be added to HoL
  • reduced membership from 1330 to 669 mainly life peers (at time heriditary peers outnumbered life peers)
  • HOLAC established in 2000
  • Intended to increase legitimacy, representation and transparency
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4
Q

4

Describe HOLAC

A
  • independent board
  • vet life peers as nominated by political parties and can express public disapproval
  • e.g. HOLAC expressed disapproval on Mark Littlewood - did not receive peerage
  • can nominate small number of crossbenchers e.g. Lord de Clifford
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5
Q

4 - (2) (2) (3) (2)

Describe postives of New Lab HoL reform

A
  • Heriditary peers slimmed down
    • most undemocratic aspect removed - dem deficit
    • ended Con domination - Lab legislation could be more easily passed
  • Expansion of life peers
    • modernise HoL to more professional/experienced body
    • more effective at scrutinising legislation
  • Creation of HOLAC
    • transparency + legitimacy
    • prevents PMs from packing HoL with political allies
    • ensures experts primarily
  • Crossbenchers remain
    • politically neutral - no whip/party pressure
    • ‘trustee’ politician with indepedent voice
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6
Q

3 - (1) (1) (3) + synoptic

Describe negatives of New Lab HoL reform

A
  • Supposed to be followed by partially/fully elected HoL - did not transpire
    • remains undemocratic + lacks legitimacy
  • reform changed membership not powers
    • HoL power remains restricted - Salisbury Convention and Parliaments Acts
  • PM remains influential in packing HoL
    • Johnson appt 42 Con, 17 Lab
    • cronyism undermines legitimacy
    • membership ballooned to 777 members with no upper limit

Synoptic link: Starmer proposed replacing HoL with directly elected Assembly of Nations and Regions

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7
Q

2

Describe electoral reform under New Labour

A
  • Jenkins report
  • Adoption of new electoral systems in devolved bodies to offer greater voter choice and ensure fairer balance of power
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8
Q

4

Describe the Jenkins Report 1998

A
  • recommended FPTP replaced with AV+ in GEs
  • around 80-85% elected through AV in single-member constituencies
  • 15-20% elected in regional party lists (overhang seats)
  • massive parliamentary majority reduced Blair’s enthusiasm for reform
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9
Q

4

Describe the reasons for devolution

A
  • Quasi-federal structure to allow greater self-determination and prevent breakup of union
  • Reverse centralisation under Conservatives
  • Reflect popular sovereignty (e.g. 1979 Scottish referendum)
  • Bring about peace in NI
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10
Q

4

Describe greater devolution under New Labour

A
  • Flagship constitutional policy of New Lab
  • Refs in Scot/Wal in 1997, NI/establishment of GLA in 1998
  • Elections to new legilsatures in 1998 (NI), 1999 (Scot, Wal) and 2000 (London)
  • Regional English devolution plans stalled once NE rejected proposals for regional assembly by 78% to 22% in 2004
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11
Q

3 - (2) (3) (2)

Describe the positives of devolution under New Labour

A
  • Policy more region-sensitive
    • devolved powers deliver more specialised policy decisions - meet demands of local electorate
    • can lead to policy experiments (e.g. 20mph in Wales; smoking bans introduced in Scot first before 2006)
  • Elec systems ensure greater pluralism
    • meet dem deficit and boost turnouts compared to FPTP GEs (Wales: 38% in 2003, 47% in 2021)
    • prevent single-party domination e.g. SNP domination in GEs vs devolved elecs
    • allows for smaller parties e.g. TUV
  • Power sharing in NI sig reduced sectarian violence
    • allows democracy to function after failures of previous bodies
    • executive makeup reflects power divide
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12
Q

4 - (2) (3) (4) (3)

Describe the negatives of devolution under New Labour

A
  • Welsh turnout low
    • turnout at 50% and 0.6% majority
    • body lacks legitimacy of previous arrangement - democracy imposed
  • Entrenched regional unfairness
    • all Welsh people under 25 can claim free prescriptions, unlike other nations
    • exacerbated by asymmetric devolution and England devolution
    • threatens breakup of union - against prior aims
  • Lack of English devolution
    • entrenched unfairness of asymmetry and furthered dem deficit in England
    • Retains FPTP system and lack of regional political representation
    • previous attempts failed (e.g. NE 2004)
    • West Lothian Question
  • Elec systems can lead to political instability
    • esp when parties across political divide are forced to cooperate to maintain coalition
    • NI suspended 2017-20, 2022-24
    • abortion passed in NI in 2020 under direct rule
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13
Q

3

Describe rights protection Acts under New Labour

A
  • HRA 1998
  • FOI 2000
  • Equality Act 2010
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14
Q

3

Describe HRA 1998

A
  • Entrenched ECHR into UK statute law
  • provides judiciary with new powers to protect and advance civil liberties
  • public bodies (govt and parliament) should act and legislate in accordance with HRA
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15
Q

Describe the positives of HRA 1998

A

complete

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16
Q

Describe the negatives of HRA 1998

A

complete

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17
Q

3

Describe the Judicial Committee of the House of Lords (Law Lords)

A
  • Previously final court of appeal judges had sat in HoL
  • Concentration (fusion) of power at HoL
  • Fusion of powers had been due to uncodified and evolutionary nature of UK constitution
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18
Q

3

Describe the Constitutional Reform Act 2005 under New Labour

A
  • Abolished Law Lords
  • Replaced with UKSC from 2009
  • Greater separation of powers (less fusion between judiciary, exec and legislative)
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19
Q

4

Describe the impact on the role of the Lord Chancellor due to the Constiutional Reform Act 2005

A
  • Lord Chancellor lost right to nominate judges - transferred to Judicial Appointments Committee (JAC)
  • lost control of judiciary to non-political Lord Chief Justice
  • Presiding role over HoL removed
  • Functions merged with Justice Secretary
20
Q

3

Describe the positives of SC introduction under New Labour

A
  • Appts process more transparent
  • Separation of powers leads to greater independence
  • Introduction of HRA grants SC greater powers to review govt
21
Q

2

Describe the negatives of SC introduction under New Labour

A
  • SC is unaccountable (unlike elected legislature)
  • Govt can still circumvent rulings
22
Q

5

List constitutional reforms during the Coalition

A
  • Fixed Term Parliaments Act 2011
  • Further devolution to Wales (and Scotland)
  • Electoral reform
  • House of Lords reform
  • Parliamentary reform (backbenchers and power of recall)
23
Q

3

Describe the Fixed Term Parliaments Act 2011

A
  • Removed PM’s royal prerogative to call election at time of their choosing (at time of political advantage)
  • Legislated for GEs to be held every 5 years
  • Snap elections could be called but demanded 2/3 supermajority
24
Q

3 - (2) (2) (3)

Describe the positives of the Fixed Term Parliaments Act 2011

A
  • Provided govt with greater stability
    • esp important for coalition
    • policy proposals can be better planned and carried out
  • Removed PM’s natural advantage to call election
    • esp important for coalition
    • prevents unpop PMs from extending stay in power (e.g. Tony Blair called elec 4 years after 2001)
  • Removed natural unfairness of major parties
    • major parties can quickly amount donations at short-notice, smaller parties cannot
    • 2015 - UKIP 12.5% votes due to years-long campaign
    • greater voter chocie
25
Q

3 - (2) (1) (1)

Describe the negatives of the Fixed Term Parliaments Act 2011

A
  • Little effective impact
    • snap elec 2017, Early Parliamentary General Election Act 2019
    • at time of political advantage (Con had being trailing in polls in early 2019, leading in late 2019)
  • Repealed with Dissolution and Calling of Parliament Act 2022
    • demonstrates parliamentary sovereignty - cannot bind successors
  • Election could still be called due to no confidence vote
    • removes stability aspect
26
Q

6

Describe further devolution to Wales under the Coalition

A
  • 2011 referendum - in favour of granting primary legislative powers in some areas to Wales
  • Wales Act 2014
  • devolved stamp duty, business rates and landfill tax
  • extended Senedd terms to 5 years
  • Prohibited dual mandates - simultaneously MS and MP
  • Granted tax-varying powers in 2015
27
Q

2

Describe further devolution to Scotland under the Coalition

A
  • Scotland Act 2012 - could vary income tax by 10p and given authority to borrow up to £10bn
  • 2014 indyref
28
Q

3

Describe limits to devolution policy under the Coalition

A
  • Turnout of 2011 Welsh ref at 36% - lack of legitimacy
  • Furthered asymmetric devolution
  • Threatens parliamentary sovereignty in UK
29
Q

2

Describe electoral reform under the Coalition

A
  • 2011 AV Ref - electorate voted 68% to 32% in favour of retaining FPTP (on turnout of 42%)
  • Introduction of P&CC on voting system of SV in 2012
30
Q

2

Describe the limits of PC&Cs

A
  • Low turnouts - 17% in Wiltshire, 2021
  • electoral system changed to FPTP in 2022
31
Q

3

Describe House of Lords reform under the Coalition

A
  • House of Lords reform bill 2012 to reform chamber to comprise largely of 120 elected members withdrawn
  • House of Lords Reform Act 2014 - allowed life peers to resign or be forcibly removed if they fail to attend
  • by Feb 2022, 146 peers retired and 8 peers removed
32
Q

3

Describe the backbench reform under the Coalition

A
  • Most significant constitutional reform
  • Addressed govt dominance in HoC
  • Enacted recommendations of Wright Committeee (2009)
33
Q

4

Describe the terms of backbench reform under the Coalition

A
  • Parliamentary Backbench Committee established to give all backbench MPs greater control over what is debated in Parliament
  • membership of select committees no longer determined by whips - instead chairs and members elected by MPs in secret ballot
  • Increased legitimacy of committees
  • Made them more confident when scrutinising government
34
Q

3

Describe the Recall of MPs Act 2015 (under the coalition)

A
  • Allowed constituents to demand by-election under certain circumstances
  • 10% of constituents must sign recall petition for it to be successful
  • Aimed to make MPs more accountable to constituents between GEs
35
Q

3

Under what circumstances can MPs be recalled?

A

If the MP is…

  • sentenced to prison
  • suspended from Parliament for minimum 10 sitting days
  • convicted of ‘false or misleading’ parliamentary allowances claims
36
Q

3

Describe the recall of Peterborough MP Fiona Onasanya

A
  • lied about a speeding offence and sentenced to 3 months in prison for perverting the course of justice
  • 25% of registered voters demanded recall
  • removed as MP and did not stand for subsequent by-election
37
Q

4

Describe additional Parliamentary reform under the Coalition

Besides FTPA, electoral reform, HoL failed reform, backbench and recall

A
  • Electronic petitions introduced which allow public to lobby Parliament
  • Parliament do not have to legislate on issues, but likely to debate if petition reaches 100k signatures
  • Govt has to respond after 10k signatures
  • Rarely lead to change in law/policy (e.g. revoke Article 50 amounted 4.5m signatures)
38
Q

6

List constitutional reforms under the Conservatives from 2015

A
  • EVEL
  • EU (Withdrawal Agreement) Act 2020
  • Further devolution to Scotland
  • Further devolution to Wales
  • Elected Mayors
  • Elections Act
39
Q

5

Describe Conservative attempts to address the West Lothian Question since 2015

A
  • EVEL (English Votes for English laws) - set of procedures whereby England-only legislation would require approval from Legislative Grand Committee (for England) prior to third reading
  • Legislative Grand Committee (for England) contained 533 English MPs
  • Ensured England-only legilsation won majority support of MPs in England
  • May held 60-seat England majority post-2017 despite loss of overall majority
  • Introduced 2015, abolished 2021 to simplify legislative process (esp during COVID)
40
Q

4

Describe further devolution to Scotland under the Conservatives since 2015

A
  • Scotland Act 2016
  • transferred more reserve powers to Scotland
  • Act stated that Scottish Parliament and executive were now permanent features of UK constitution - can only be abolished by ref
  • delivered on ‘devo max’ promise if Scotland rejected independence
41
Q

4

List examples of powers devolved to Scottish Parliament in the Scotland Act 2016

A
  • determination of abortion laws
  • determination of speed limits
  • air passenger duty
  • greater income tax powers - could set rates and bands on non-saving, non-dividend income (e.g. earnings from employment, pensions and property income)
42
Q

4

Describe the constitutional significance of the Scotland Act 2016

A
  • Scottish Parliament and Executive could only be abolished by referendum
  • Westminster cannot abolish these bodies by an Act of Parliament
  • suggests Scotland enjoys much more than devolution from UK than other devolved bodies - accentuated asymmetry
  • creates quasi-federal state for UK
43
Q

6

Describe further devolution to Wales under the Conservatives since 2015

A
  • Wales Act 2017
  • Moved Wales to ‘reserved matters model’, akin to Scotland - could rule on any matter not reserved for UK Parliament
  • As opposed to previous ‘conferred matters model’ - could only rule on what UK Parliament allowed it to
  • Eroded asymmetrical devolution of UK
  • Granted permanent status in UK constitution
  • Changed name of ‘National Assembly for Wales’ to’ Welsh Parliament’ from 2020
44
Q

3

Describe the introduction of elected mayors under the Conservatives since 2015

A
  • Introduced 6 new directly elected mayors and combined/regional authorities in 2017
  • Will expand to 17 by 2025
  • Hold varying degrees of independent power, such as over planning, transport and housing
45
Q

3

Describe the Elections Act 2022

A
  • Photo ID required to vote in GE, local elecs and ref
  • SV replaced with FPTP
  • Electoral Commission (overseen party funding since 2000) now supervised by govt minister
46
Q

3

Describe the Early Parliamentary General Election Act 2019

A
  • Circumvented FTPA 2011
  • Only simple majority required
  • Demonstrates parliamentary sovereignty - no parliament can bind its successors

Politics Paper 2 (21 decks)

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