5.2 - The Development of the Constitution since 1997 Flashcards

1
Q

Why did Blair consider the British constitution in desparate need of repair?

A
  • Power was too centralised in Westminster.
  • Citizens rights were insufficiently protected.
  • The government was unaccountable
  • the public were disengaged from politics.
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2
Q

What were Blair’s main themes for constitutional reform?

A
  • Decentralisation
  • Democratisation
  • Transparency
  • Rights Protection
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3
Q

Why did Blair consider decentralisation an important constitutional reform point, and how did Blair want to fix it?

A
  • Too much power was centralised in Westminster. (Thatcher)
  • Scotland and Wales were offered their own elected governments.
  • Cities and towns offered mayors.
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4
Q

Why did Blair consider democratisation an important constitutional reform point, and how did Blair want to fix it?

A
  • There should be a greater usage of referendums on important constitutional reforms.
  • To encourage democracy, the HoL would be reformed.
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5
Q

Why did Blair consider transparency an important constitutional reform point, and how did Blair want to fix it?

A
  • There is a lack of trust in government.
  • The senior judiciary would be reformed. Freedom of Information Acts would make the government more accountable.
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6
Q

Why did Blair consider rights protection an important constitutional reform point, and how did Blair want to fix it?

A
  • There was a lack of human rights protection.
  • Incorporation of the European Convention on Human Rights (ECHR) into UK Law.
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7
Q

What was Labour’s flagship constitutional reform in 1997?

A

Devolution.

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8
Q

How many peers were eligable to enter the Lords in 1999?

A

1330.

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9
Q

Why did hereditary peers undermine legitimacy of the HoL?

A

They were completely unelected, attending simply because they were aristocratic.

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10
Q

What compromise did the Government make to persuade the HoL to accept reform?

A

Allowed hereditary peers to select 92 peers to remain in the HoL.

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11
Q

Why did Labour want to reform the HoL in 2000?

A

The government wanted it to be a more professional body by ensuring membership was based on merit and accomplishment rather than hereditary status.

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12
Q

Why have the HoL reforms been criticised?

A
  • Despite greater expertise, it still lacks democratic legitimacy.
  • Most life peers are appointed by PM, meaning political patronage becomes the main factor for appointment.
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13
Q

What scandal happened as a result of the HoL reforms in 2000?

A

‘Cash for Honours’

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14
Q

Why did Tony Blair recant on his interest for electoral reform?

A

His massive parliamentary majority in 1997 reduced his enthusiasm for reform.

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15
Q

How did the Labour government look into changing the voting system?

A

Tasked Roy Jenkins (founder of the SDP) to investigate alternatives to FPTP.

It ignored the final recommendation.

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16
Q

How did Labour enact the suggestions in the report to change from FPTP?

A

They did decide to adopt new electoral systems for the newly devolved assemblies.

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17
Q

Why was the HRA so important?

A

For the first time, it positively stated the rights that British citizens could claim.

18
Q

What did supporters of the HRA act claim?

A
  • Provided the judiciary with powers to protect civil liberties.
  • Public bodies are now forced to act in accordance with the HRA.
  • Parliament should legislate in accordance with the HRA.
19
Q

Why is it important to not exaggerate the rights of the HRA?

A
  • It is still an Act of Parliament.
  • Parliament maintains the ability to repeal the Act.
  • Article 15 of the HRA gives the government the right to suspend certain of it’s provisions.
20
Q

Where have the limitations of the HRA been illustrated?

A

The Belmarsh Case 2004.

The Blair Government suspended the right to liberty to keep foreign terrorist suspects in custody without charge.

21
Q

What was the final major constitutional reform of Blair’s government?

A

Constitutional Reform Act 2005.

  • The HoL is no longer a judiciary.
  • Opening of the Supreme Court.
  • Judicial Appointments Committee makes recommendations to the justice secretary on appointment of judges.
  • The new head of judiciary is no longer a political figure.
  • Creation of Lord Chief Justice.
22
Q

Why did Gordon Brown’s government not make any real constitutional change?

A

It was preoccupied with confroning the global economic meltdown of 2008.

23
Q

Why did Cameron have to be more open to constititional change than previous Conservative PM’s?

A

The Liberal Democrats (committed to updating the Constitution) were in coalition with the Conservatives.

24
Q

What was the major constititional reform that the coalition government made?

A

Fixed-term Parliament Act 2011.

25
Q

What was the Fixed-term Parliament Act 2011?

A
  • A general election should be held exactly 5 years after the previous.
  • Snap elections became much more difficult to call.
  • If the government loses a vote of no confidence or the Commons agrees to a General Election by 2/3 majority a GE can be called.
26
Q

What happened to the Fixed-term Parliament Act 2011?

A

It has since been repealed.

27
Q

Why did both the Conservative and Labour parties vehemently oppose electoral reform?

A

They are the biggest benefiters from FPTP.

28
Q

What was the main price that Cameron had to pay for coalition with the Liberal Democrats?

A

Offer a referendum on AV?

29
Q

What did critics of Clegg state about his AV referendum?

A

He should have asked for the AMS or STV. (The former still includes a FPTP element)

30
Q

What was the coalition’s most positive legacy?

A

Giving backbench MPs more influence over previous governmental dominance.

31
Q

What committee explored increasing the power of backbench MPs?

A

The Wright Committee.

32
Q

What were the most significant points of the Wright Committee?

A
  • Parliamentary Backbench Committee was established.
  • Membership of select committees is no longer decided by whips. Now chosen by MPs in a secret ballot.
  • Electronic petitions were introduced.
33
Q

How did the coalition further devolve power?

A
  • Increasing legislative power in Wales.
  • Scotland’s ability to vary income tax by 10p.
  • The Scottish Government was given authority to borrow up to £5 billion.
34
Q

How did the coalition decentralise the police force?

A
  • Elected police and crime commissioners to be accountable to the public for regional policing.
  • (The turnouts are so low that they often lack democratic mandate.)
35
Q

How did the coalition increase trust in politicians?

A
  • The Recall of MPs Act 2015.
  • A by-election could be demanded by constituents if an MP is sentenced to prison or is suspended from the Commons for more than 21 days.
  • 10% of constituents must sign the recall act.
36
Q

Who was the first MP to fall foul of the Recall of MPs Act?

A
  • Ian Paisley.
  • Took a trip at the expense of the Sri Lankan government, then lobbied on their behalf.
  • He survived as only 9.4% of his constituents voted to trigger a by-election.
37
Q

How did Cameron incentivise the Scottish people to not vote for independence?

A

Extensive new powers would be granted to Scotland if they rejected independence.

38
Q

Why did Cameron introduce elected mayors in more cities?

A
  • Osborne was in favour of devolution.
  • He added mayors with no referendum in Greater Manchester, the West Midlands, Liverpool City Region etc.
39
Q

How extensive are the powers of the mayors?

A
  • Quite extensive.
  • The Greater Manchester’s elected mayor is responsible for a £6 billion social care and health budget.
40
Q

How did the Conservative government address the West Lothian question?

A
  • They introduced EVEL (English Votes for English Laws).
  • Only English MPs get votes on English laws.