Constitutional Reforms Flashcards
(4 cards)
HOL undemocratic
Between 2019 ad 2024, fifteen peers claimed £585,985 in expenses without contributing to debates, committees or formal roles. Lord crathorne, a hereditary peer, spoke just once claiming £118,162.
In-built bishop, AB and HP majority- none elected, yet all able to vote on laws, zac goldsmith, charlotte Owen joe Johnson made life peerages - cronyism. Lack of legitimacy and accountability undermines its legitimacy in a modern democracy.
Lack of expertise- most appointments are political, not merit-based.
Lord bamford, chairman of JCB was made a peer after dominating over £10 million.
Ca to HOL
Revising chamber, focusing on debating, amending and improving legislation from the commons.
E/g illegal migration bill, inflicting 9 defeats on the govt and triggering ping pong
This showed the lords’ ability to check executive power and improve controversial laws.
Ultimately, parliament acts and Salisbury convention limited to only blocking.
Judiciary
Con reform act 2005 established the uk Supreme Court
Checking executive power.
In for women Scotland v Scottish govt (2022) the court clarified that the terms ‘man’ and ‘woman’ in the equality act 2010 refer to biological sexes, not self-identified gender. This overruled Scottish govt guidance under the gender representation on public boards act 2018, reinforcing legal clarity while affirming that the ruling did not strip protections from transgender people.
Ruled that Rwanda asylum policy was unlawful.
However too powerful, and increasing political, juxtaposing political neutrality, disturbing the traditional balance within the uk’s uncodified con. E.g the shamima begum case- a British women was barred entry back into the uk bc of her joining ISIS in Syria.
Miller II case where the court overturned key decision by an elected pm during a period of national crisis.
HRA
Clarifying rights in a single legal document and made it more convenient for people to go to uk courts and not in strasborough
More robust legal checks on executive power in line with modern democracies, without removing parliament’s ultimate authority. In A v Home Secretary (2004), the indefinite detention of foreign suspects without trial was ruled incompatible with article 5, forcing govt to rewrite legislation.
Ca- highly controversial \
In R BEGUM v Denbigh high school (2006), the courts ruled against a Muslim students challenge to skl uniform policy under article 9 (freedom of religion), criticised the act for not protecting Minors. Weakened the govt’s ability to deliver it democratic mandate, rather than improving the effectiveness or legitimacy of the system.
