Parlimentary Reform/ Sovereignty

Question 1

House of Lords Act 1999?

Answer 1

Attempted to abolish the majority of hereditary peers and make the electoral process for life peers more meritocratic and representative of a wider range of fields

Question 2

Why is House of Lords act 1999 good ?

Answer 2

Increased scope of people represented in the HoL, successfully shifting the Lords away from being dominated by male white tories
This strengthens democracy and increases integrity of HoL and their right to their powers

Question 3

How much did the Conservative party balance decrease between 99 and 2016 as a result of House of Lords reform

Answer 3

40% —-> 31%

Question 4

Fixed term parliament act 2011?

Answer 4

Fixes the date of general elections at exactly five years after the previous election - unless there is a vote of no confidence or 2/3 of MPs agree

Question 5

Why is fixed term parliament act 2011 good?

Answer 5

Prevents a manipulation of the date by the ruling party which gives all parties a more even chance in elections

Question 6

How many hereditary peers remain in the HoL and why?

Answer 6

92

Stage 2 of labours plans never materialised

Question 7

Why did first past the post system not been reformed?

Answer 7

Low AV referendum turn out (contrary to urges of Lib Dems) giving an unfair advantage to the two main parties

Question 8

Why is it also bad that the Lords are unelected?

Answer 8

They are unelected legislators meaning the uks legislative branch is not completely democratic… perhaps leading to a representative deficit and less effective checks and balances

Question 9

How do we know European Union reforms important?

Answer 9

We called a referendum earlier this year : our involvement in the eu effects our constitution so much that the whole country was called to answer the question of leaving it

Question 10

What is doctrine of direct effect?

Answer 10

Established that EU laws do not require the consent of parliament which mean the EU can impose something that uk wholeheartedly oppose

Question 11

What is doctrine of supremacy?

Answer 11

Reduces uk sovereignty meaning that the eu law has the status to replace any conflicting uk law

Question 12

Examples of doctrine of supremacy

Answer 12

Factortame case (1990) resulting in the striking down of the merchant shipping act 1988£ by the EUropean Supreme Court as the Euro found it discriminatory unfair and a breach of community law

Question 13

Why do these doctrines reduce parliamentary sovereignty?

Answer 13

(Ignoring parliaments power to invoke article 50)
Source of uk constitution
Higher that statue
Treaties (Lisbon, nice and Amsterdam) mean Britain isn’t control of who can reform our constitution demonstrating the ultimate significance of the Eu reforms to our constitution

Question 14

Signal of eu laws significance?

Answer 14

EU law is now a source of the UK’s constitution

Question 15

Treaties info ?

Answer 15

Amsterdam treaty (1997)
The nice treaty (2002)
Lisbon treaty (2009)... amended in 2011 forced member states in severe financial crisis (e.g. Greece) to declare themselves insolvent and to forfeit their eu council voting rights

Question 16

What did the constitutional reform act 2005 do?

Answer 16

Split the responsibilities of the Lord Chancellor (who used to sit in all 3 branches of government) into different roles : a separate Lord Chief Justice now leads the judiciary, and the Lord Chancellor has much less influence over judicial appointments
Reformed the selection process for judges creating the Judicial Appointments Commission, reducing the influence of the government
Established the Supreme Court (opened in 2009) ending the judicial role of the HoL (previously the highest court in the UK)…but it cannot strike down legislation

Question 17

What did devolution do

Answer 17

Following successful referendum power was devolved the Scottish parliament, Welsh assembly and Northern Ireland assembly in 1999
Initially only the Scottish parliament and Northern Ireland assembly gained primary legislative powers, but after 2011 referendum the Welsh assembly did too in several policy areas
Devolution has challenged the idea the uk is a unitary state with centralised power. Due to many policies being left to the devolved assemblies, it is argued the uk is now a quasi-federal state
West Lothian question has been raised

Question 18

What is the West Lothian question

Answer 18

Whether Scottish Welsh and northern Irish MPs should be able to vote on matters affecting only England

Question 19

Where did devolution fail?

Answer 19

The regional assemblies (Preparations) act 2003 : planned for 3 referendums to be held on devolving power to regional assemblies in NE England, NW England, Yorkshire and the Humber…. but if flipper : 78% said no the NE idea

Question 20

HRA?

Answer 20

1998
Incorporates the European convention on human rights into the uk law- allowing citizens to defend their listed rights in uk courts rather than having to go to a European court
Section 2 requires the judiciary to follow any decision/ advisory opinion of the European court of human rights
Section 3 requires the judiciary to interpret legislation as far as possible in a way that it is compatible with the European convention on human rights and so far parliament have amended all their incompatible legislation so that it complies with human rights (through remedial order)

Question 21

What else did the Amsterdam (1997), nice (2001) and Lisbon (2009) treaties all do?

Answer 21

Reduced the uks veto power by replacing unanimous voting w qualified majority voting in the council of Europe
Transferred additional powers enabling the European to make laws in more policy areas
Prepared for the expansion of the European (entry of new member states)

Question 22

Referendums?

Answer 22

Before 1997 there had only been 4 nationwide referendums … since then there have 9 (notably EU membership and Scottish independence)
Referendums have been vital in giving a mandate to devolution and to create the subsequent ruling groups (e.g. Welsh ruling assembly)

Question 23

What is the increased use of referendums doing?

Answer 23

Gradually establishing a new convention that significant constitutional changes should be put to a referendum first

Question 24

Freedom of information act?

Answer 24

2000
Gave individuals the right to access the most personal info held on them by public bodies : makes gov more transparent (exposed expenses scandal in 2009)
…however the act contains a list of exemptions that can remain secret and gov ministers have the right to veto the release of some info if it would be against public interest

Question 25

How many vetos have the cabinet used against freedom of info?

Answer 25

5
The first request was for the contents of legal info given in the buildup to the war in Iraq
The last was to Release letters written by prince Charles to government ministers

Question 26

2009 parliamentary expenses scandal?

Answer 26

Freedom of info act
Rules allow MPs to claim expenses exclusively for the performance of a members parliamentary duties (e.g. Train tickets)
…but expenses included dog food and a duck house

Question 27

How has HRA eroded parliamentary sovereignty?

Answer 27

Incorporated the rights set out in ECHR into uk statue law: section 3 provides judges with an obligation to go well beyond the conventional domestic laws of interpretation

Question 28

How has HRA not eroded parliamentary sovereignty?

Answer 28

The courts cannot automatically strike down laws - if legislation is incompatible w the echr, it is for parliament ministers to decide whether to amend the law or launch an appeal
There have been 28 declarations of incompatibility by 2011 and 8 of them have been overturned by appeal

Question 29

How have referendums eroded parliamentary sovereignty?

Answer 29

Place power in the electorates rather than the MPs and peer: increased usage = more popular sovereignty
V important matters are subject to referendum (e.g. eu and devolution)

Question 30

How have referendums not eroded parliamentary sovereignty?

Answer 30

Parliament has the ultimate power : despite damaging its legitimacy it can ignore the outcome - referendums are merely advisory, not binding
In 90s labour government refused to hold a referendum on the Lisbon treaty despite earlier promising one on the European constitution : proves the gov only can decide what warrants a referendum…and they don’t have to hold ones that they think they might lose …

Question 31

How has devolution eroded parliamentary sovereignty?

Answer 31

Westminster no longer makes law on devolved areas
Would be difficult to abolish the devolved assemblies in the face of the elite and public opposition (popular sovereignty)
Many Scots believe parliamentary sovereignty is on the English doctrine and instead regard popular sovereignty as important part of the lie constitution
Scotland have held a referendum on leaving uk constitution and are planning another one …

Question 32

How has devolution not eroded parliamentary sovereignty?

Answer 32

Parliament retains legislative supremacy: it has sole authority over ‘reserved matters’ e.g. The uk economy, social security and the constitution
The uk parliament can decide to legislate on Scottish northern Irish and Welsh matter …. and even abolish the devolved assemblies
Scottish assembly does not have the authority to change the uk constitution

Question 33

How has membership of the European Union eroded parliamentary sovereignty?

Answer 33

The 72 ECA gave legal force to existing and future supreme law (it needs no specific assent of parliament before its binding)
British courts apply eu law interpretations
Eu law > British law : if there is a conflict betw the 2, eu law must be applied (e.g. 1990 Factorane case strikes down the merchant shipping act)
Range of policies eu has responsibility for has increased since single European act (1986)- trade, agriculture, defence, immigration
The council of the European Union take decisions mainly from qualified majority voting (one member state can’t veto)

Question 34

How has membership of the European Union not eroded parliamentary sovereignty?

Answer 34

Parliament has the right to repeal the 72 eca act … we will ….
Britain has not adopted the euro
If sovereignty is effective influence and practical capability to act, rather than ultimate law making, the uk still has pooled sovereignty ( member Eu states each delegate some of their sovereign authority to the European and gain a greater capacity to achieve their policy aims)
Globalisation makes joining organisations like the European increasingly vital due to interdependence of nations
Unanimous results are needed for esp sensitive issues like taxation and treaty change