etvt NL consitituinal reforms have had a positive impact on uk constitution Flashcards

(9 cards)

1
Q
  1. for HOL
A

hol act 1999 removed all but 92 hereditary peers
removed in built C majority with cross benchers
no single party can get a majority
HOL is more independent
limits power of govt
TB defeated 4 times in hoc 253 in HOL
HOL more legit stand up to govt eg HR
2001 10 defeats hol led to govt remove incitement to religious hatred as an offense from its anti terrorism leg
chamber more proff and effective at scrutiny
life peers are ex prof politicians provide leadership
lord adonis sec of state for gordon brown
Jane timpson coo of Simpson group hired ex offender - justice reform system rehabilitation and employment

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2
Q
  1. against- HOL
A

unelected and undemocratic
NL had a two stage plan 1. remove all hered 2. replace lords with elected second chamber
one wasn’t carried out and 2 wasn’t either as labour MPs felt C Dom had been dealt with
lack of agreement on what new chamber would look like
fail to change balance of power between HOC AND HOL
hoc can force thru leg with large majority
elective dictatorship
1911 and 1949 prevent hol shutting down financial bills and only delay for up to a year
3 times blair
Hunting act 2004
Salisbury- leg in manifesto

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3
Q
  1. for devolution
A

scotllanf given most powers due to strong nationalist movement
public services, health, edu transport ‘service devolution’
1998 NI given primary leg control
govt closer to the people
improved democ
Scott more left wing than UK
led to SNP free prescription free tuition higher top rate of income tax
reduced sov of parliament

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4
Q
  1. against devolution
A

asymmetric
no English parliament
democraticndeficit no English identity outlet
undermines equal citizenship
threatens unity of uk
Scott and ni control policing whilst In Wales and England controlled by uk parliament
Scott anf NI given leg powers had to be amended in C. 2010 to devolve further to Wales
Wales devo 50.5 to 50% TO
at first Wales only had welsh asebley no leg powers or first minister only admin devoltuoom
created west Lothian q - Scotland

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5
Q
  1. for HRA 1998
A

enshrined echr on human rights into uk law in effect from 2000 rights could be defended in uk courts instead of Strasbourg
right to life, right to fair trial
uk developed rights based culture
judges can declare incompatibility
parliament has joint committee on hr to scrutinize bills showing persuasive influence
in A v Secretary of State for the Home Department, part of The Anti-terrorism,
Crime and Security Act 2001 was declared incompatible with Articles 5 and 14 of the human
rights act by permitting the detention of suspected international terrorists in a way that
discriminated on the grounds of nationality or immigration status

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6
Q
  1. against HRA 1998
A

its not entrenched
can be repealed by act of parliament
sov is still in tact
illegal migration bill luella braver man would be incompatible with HRA but still wanted to proceed
got passed safety of rwanda act in 2024
stated that hr act and int law must be put aside
removing ind right to judicial review
ministers can ignore emergency rulings
many on the right criticize for fairing underserving ind
illegal migrants or suspected terrorists
For example, Abu Qatada, a radical Muslim cleric who had advocated the use of violence to
promote the Islamist cause and had spent some time in British jails, was wanted by the
security services to be deported to Jordan, where he was wanted for trial.
However his legal advisers managed to delay this for 8 years on the grounds that he
might be tried using evidence obtained through torture, a breach of the HRA.

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7
Q

themes

A

HOL
DEVO
HRA 1998/2000

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8
Q

examples
TB defeats HOL vs hOC
HR 2001 deeats due to
Wales devo TO
2 life peers
Avs sec of state home dept
abu qatada

A

4vs 253
eg HR
2001 10 defeats hol led to govt remove incitement to religious hatred as an offense from its anti terrorism leg
lord adonis sec of state for gordon brown
Jane timpson coo of Simpson group hired ex offender - justice reform system rehabilitation and employment
Wales devo 50.5 to 50% TO
A v Secretary of State for the Home Department, part of The Anti-terrorism,
Crime and Security Act 2001 was declared incompatible with Articles 5 and 14 of the human
rights act by permitting the detention of suspected international terrorists in a way that
discriminated on the grounds of nationality or immigration status
Abu Qatada, a radical Muslim cleric who had advocated the use of violence to
promote the Islamist cause and had spent some time in British jails, was wanted by the
security services to be deported to Jordan, where he was wanted for trial.
However his legal advisers managed to delay this for 8 years on the grounds that he
might be tried using evidence obtained through torture, a breach of the HRA.

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9
Q

LOA

A

true

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