The Constitution II Flashcards
Arguments AGAINST a British Bill of Rights
The Bill would impact the application of positive obligations, which require public bodies to take action to protect rights. Some of these obligations include conducting effective investigations into the loss of life (as in the Hillsborough inquests) or into serial sexual offenders (as in the John Worboys case)
Ignores international laws, takes away HRA duty to read legislation - compatable - harder to seek human rights without stratsbourg court or higher power interference
Arguments FOR a British Bill of Rights
The Bill will ensure courts cannot interpret laws in ways that were never intended by Parliament and will empower people to express their views freely. At the same time, it will help prevent trivial human rights claims from wasting judges’ time and taxpayer money
No need for European judgement, take our power back, endangers devolution
Constitutional reform since 1997 aims (4)
- The modernisation of political institutions - the Houses, the civil service and the local gov
- Greater democratisation - directed at increased participation in insitutions and the decision making process, Acceptance of referendums and other forms of direct democracy are principal initaives
- Decentralisation of power from Westminister and Whitehall, greater powers for local gov ro introduction of regional gov in england
- Improving and safeguarding individual and minority rights - the flagship being the HRA which came into force Oct 2001
Reasons for reform - The Lords
- Remove hereditary peers - all appointed chamber of life peers and church of england bishops and 92/753 hereditary peers retained seats such as Cranborne Compromise
- Replace with an elected chamber - lack of political consensus
(part of decentralisation, less power in one chamber)
Reasons for reform - The HOC
- Concerned the departmental select committees - 2010 introduced a system for electing members by the whole HOC chamber instead of party leader election so MPs can elect in proportion without whips
- Backbench Business Committee - MPs got control of 20 parliamentary days to debate issues of choice - higher influence and control
Reasons for reform - Human Rights Act 1998
- Allows citizens to challenge gov and understand rights
- Binding on all public bodies
- Incorporated the ECHR in UK law - courts must enforce
Reasons for reform - Freedom of Information Act 2000
Gave gov right to conceal info if it felt it might prejudice activities of gov
Weak - Human right campaigners said - 2008 request to information tribunal to release details of expenses claimed by MPs - Parl attempted to block through High Court, failed - released to Daily Telegraph - MPs accused ‘milking’
Reasons for reform - electoral reform
1997, Labour worried they wouldn’t gain enough seats for outright majority - might need coalition with the Lib Dems and this was their top priorities - Lab put this in their manifesto
Introduced Jenkins Commission - reported s preference for an AV electoral system, contributed to New Labour benefitting from old FPTP elections
Forms of prop rep used - reflect party and around 1-2 parties
Reasons for reform - reintroduction of London government
- Created a Devolved London Assembly
- Election of a mayor with executive power and assembly - allocation of funds, distributes and administers
Reasons for reform - Reform of the judiciary
Constitutional Reform Act 2005
- Separation of judiciary and government - Lord Chancellor no longer in all 3 branches of gov as a Cabinet Minister, head of judiciary and precided over HOL proceedings - was removed - role combined with Justice secretary
- SC - senior judges taken out of lords - not appropriate or members to be members of a high level in the judiciary
- Appointment of senior judges - danger that Chanc and PM appoint on the basis of political views instead of legal qualifications - gov now has final say after approval of Judicial Appointments Commission
Effects of Constitutional change - The Lords
- More difficult than Labour Party expected and proved problematic for the Coalition too. Initially managed to persuade the Lords to accept limited reform - 1992 - 2 hereditary peers - less than an eighth of the total were to remain on a temporary basis - since then any furhter reform has not got pass the discussion phase
Effects of Constitutional change - The HOC
New Lab pledged to reform HOC to modernise it
Select Committee system bolstered - elected members
Common Liasion Committee scrutinises PM directly
BackBench Business Committee est 2010 given backbench MPs 20 parliamentary days to debate issues of their choosing
Effects of Constitutional change - HRA 1998
Binds Welsh, Scot and NI political system
UK gov ministers and their departments and organisations involved in public business such as the media, schools, colleges and charities
Any action by these bodies can be scrutinised in a court o law and may be declared unlawful - result into compensation or action being cancelled
Main exception of this law is parliamentary legislation - ECHR still hears appeals against UK legislation, judgements are not binding
Effects of Constitutional change - Electoral reform
Labour won, but became less interested
Presence of Lib Dems and Coalition government forced vote on AV in May 2011 - Reform could have reduced the liklihood of the winner’s bonus under FPTP and the electoral dictatorship
As of 2022, smaller parties still calling for introduction of PR but Labour are resisting this pressure whilst the Con are outright against it, removing SV from Mayoral elections and replacing it with SV in 2022
Effects of Constitutional change - Freedom of Information Act 2000
Disappointment to civil right campaigners
- Citizens can see information that is held about them by public bodies - this has been relativley uncontroversial
- Right to see the workings of government - if it had worked freedom of info would have ended the British culture of secrecy in gov,
however leg in 2000 was a much watered version of similar measures in operation elsewhere in Europe - security services were exempt and the rest of the gov was given a rather important concession,
the right to conceal info if it felt it might prejudice the activities of gov Civil Rights groups see the new Act as virtually useless
Effects of Constitutional change - London government
Not originally intended to provide an alternative power base for high profile national politicians
Congestion Charges and Winning the Olympics in 2012 - two profile and power raising things
London Mayor also emerged as a major national political figure and one that can question the gov effectively - Johnson championing the cause of a Thomas airport, ‘Boris Island’ despite the gov green agenda
