New Labour's constitutional reforms

Question 1

How has the British constitution evolved historically?

Answer 1

Peacefully and pragmatically

Question 2

How has the consitution been viewed historically?

Answer 2

As legitimate and effective; with the main parties willing to operate within its framework

Question 3

What happened towards the end of the end of the 20th century that led to increased calls for constitutional reform?

Answer 3

• Societal changes
• Pressure by groups like unlock democracy

Question 4

What had labour traditionally viewed the idea of constitutional reform as?

Answer 4

A distraction from their main goal of aiding the working class

Question 5

When did Labour come to embrace the idea of constitutional reform?

Answer 5

During their 18 year period in opposition

Question 6

Why did New Labour want to get most of their constitutional reforms through in the first 5 years?

Answer 6

Because of their 179 majority making legislation easier to pass

Question 7

What 4 themes were New Labour’s constitutional reforms based upon?

Answer 7

• Modernisation
• Democratisation
• Rights
• Decentralisation

Question 8

Define modernisation in this context

Answer 8

Institutions of state were using inefficient processes that demanded reform

Question 9

Define democratisation in this context

Answer 9

Participation would be encouraged through electoral reform and referendums

Question 10

Define decentralisation in this context

Answer 10

Decision making powers would be devolves to the constituent nations of the UK and more power would be given to local government

Question 11

Define rights in this context

Answer 11

The rights of citizens would be strengthened and safeguarded

Question 12

Why could Gordon Brown not achieve many of his goals around constitutional reform?

Answer 12

Because of his short time in office and the impact of the economic crisis

Question 13

Define devolution

Answer 13

The transfer of certain legislative and executive powers from central government to subnational institutions

Question 14

Why can the UK be seen as a system of asymmetric devolution?

Answer 14

Because there is no set blueprint and powers differ from region to region

Question 15

In what year were the devolved assemblies created following the approval of referendums?

Answer 15

1999

Question 16

What was Holyrood given at its creation?

Answer 16

Primary legislative powers over certain policy areas and tax varying powers

Question 17

What did the 2012 Scotland Act do?

Answer 17

Granted Holyrood tax raising powers

Question 18

What are the three main policy areas that Holyrood has total control over?

Answer 18

Education, health and local government

Question 19

What is the West Lothian Question?

Answer 19

Asks why Scottish MPs can vote on English affairs that no longer effect their constituents, while English MPs cannot vote on Scottish laws

Question 20

Why was the Welsh Senedd initially weaker than Holyrood?

Answer 20

They had secondary rather than primary legislative and executive authority. This meant that they could only fill in the details of and implement legislation

Question 21

What are the two main things that separate Stormont from Holyrood?

Answer 21

• Special procedures to ensure cross community support
• It does not have tax varying powers

Question 22

Why can the UK now be seen as quasi-federal?

Answer 22

• The central government of a unitary state has delegated some authority to devolved institutions
• Displays elements of a federal and unitary state
• ## Legal theory is centralised in theory but devolved in practise

Question 23

How questions concerning the division of devolved powers solved?

Answer 23

By senior judges

Question 24

What did the HRA do?

Answer 24

Positively enshrined the ECHR

Question 25

What does the HRA force the government to do?

Answer 25

Make sure all legislation in compliant with the HRA

Question 26

Who reviews legislation to ensure that it is HRA compliant?

Answer 26

Lawyers

Question 27

What happens when legislation is not HRA compliant?

Answer 27

It cannot be immediately struck down by judges. Instead, it is up to ministers to decide whether or not it will be amended or repealed

Question 28

When can ECHR signatories request a derogation?

Answer 28

When they are facing a national security crisis

Question 29

What is a derogation?

Answer 29

A temporary exemption

Question 30

Why did the UK ask for a derogation of the right to liberty and security following 9/11?

Answer 30

In order to allow for the detention of foreign nationals suspected of terrorism

Question 31

When did the provisions of the HRA come into force?

Answer 31

2000

Question 32

Why is the parliament binding on all public bodies aside from parliament?

Answer 32

To preserve parliamentary sovereignty

Question 33

What is the only way laws that contravene with the act?

Answer 33

If the government declares an overwhelming reason for doing so

Question 34

Why does parliament still have sovereignty despite the HRA?

Answer 34

Because parliament can repeal it at any time?

Question 35

What did the conservatives want to replace the HRA with?

Answer 35

A British Bill of Rights

Question 36

Why was the FOIA limited?

Answer 36

- The security services were exempt - The government had the right to conceal information that it felt might affect its activities

Question 37

Why did HR campaigners see the FOIA as weak when it was passed?

Answer 37

Because the onus is on the outsider to prove that information should be released

Question 38

How did parliament attempt to block FOI requests about MP expenses in 2008?

Answer 38

By appealing to the high court

Question 39

List the consequences of the expenses scandal

Answer 39

- Some gave up seats - Some faced prosecutions - Parliament was ridiculed and condemned - The expenses system had to be radically reformed

Question 40

What was the most significant change Labour made to local government?

Answer 40

The introduction of a directly elected London Mayor

Question 41

What was the London Assembly created to do?

Answer 41

Scrutinise mayoral actions

Question 42

Why can the elected mayor model be seen as a failure?

Answer 42

There were only 15 directly elected mayors by 2021

Question 43

What did the Ken Livingston use his control of transport to do?

Answer 43

Introduce a congestion charge for motorists entering central London

Question 44

What did the 1998 Jenkins report recommend in terms of electoral reform?

Answer 44

That FPTP be replaced with a hybrid system called AV+

Question 45

Why can Labour's commitment to electoral reform during their stint in opposition be seen as cynical?

Answer 45

They may have been looking to appeal to the Lib Dems in case a coalition needed to be formed

Question 46

Why did New Labour's support for electoral reform wane once they came to power?

Answer 46

Because they had just won a large majority under FPTP

Question 47

Where did Labour actually carry out electoral reform?

Answer 47

In the devolved assemblies

Question 48

Why were more proportional systems used in devolved regions?

Answer 48

To prevent Labour domination in Scotland and Wales and Unionist domination in NI

Question 49

What did the 1999 House of Lords Act do?

Answer 49

Abolished all but 92 hereditory peers

Question 50

What was the HoL Act intended to be?

Answer 50

The first stage of lords reform

Question 51

What were the two main consequences of the HoL Act?

Answer 51

- No party had a majority - Lords was largely made up of life peers

Question 52

Why did Labour do little to reform the lords?

Answer 52

Because there was disagreement between the commons and lords on what a reformed chamber should look like

Question 53

What was the Cranborne compromise?

Answer 53

The idea that 92 of the 753 hereditary peers would remain

Question 54

How much did the HoL Act reduce the number of peers?

Answer 54

From 1330 to 669

Question 55

Why did the HoL Act make the lords a more efficient and professional body?

Answer 55

Because more people held positions on the basis of merit rather than birth

Question 56

How were committee chairs given enhanced status in 2004?

Question 57

How were committee chairs given enhanced status in 2004?

Answer 57

They were given increased salaries

Question 58

How did New Labour increase the independence of committees?

Answer 58

- Allowed the commons to elect members instead of them being chosen by party leaders - Committee chairs are elected by party MPs instead of being selected by whips

Question 59

What was established in 2010 to enhance the commons?

Answer 59

The BBBC

Question 60

How did the BBBC allow for an increase in backbench influence and control?

Answer 60

Gave MPs control of parliamentary debate on 20 days of their choosing

Question 61

How did New Labour's reforms aid e-democracy?

Answer 61

A petitions committee was created to select issues for debate suggested via public e-petitions

Question 62

What was the main focus of the 2005 constitutional reform act?

Answer 62

Judicial reform

Question 63

When was the Supreme Court created?

Answer 63

2009

Question 64

What did the creation of the Supreme Court do?

Answer 64

- It became the UK's highest court - Removed the judicial role of the house of lords

Question 65

What political idea did the creation of the Supreme Court strengthen?

Answer 65

The separation of powers

Question 66

Why is the Supreme Court limited?

Answer 66

It does not have the power to strike down legislation

Question 67

How did the constitutional reform act limit the role of lord chancellor?

Answer 67

Removed their role as a member of the judiciary and a speaker in the house of lords. This enhanced the separation of powers, as they had previously served in all three branches of government

Question 68

What were the three main consequences of the constitutional reform act?

Answer 68

- Separation of judiciary and government - Creation of the Supreme Court - Appointment of senior judges

Question 69

Why is it important to have an independent judiciary?

Answer 69

So the three branches of government can have separate powers to provide checks and balances for one another

Question 70

What was the highest court of appeal before the creation of the SC?

Answer 70

The Law Lords

Question 71

Why were the law lords seen as inappropriate?

Answer 71

Because it meant that members of the judiciary were also members of the legislature. There is a strong belief that law and politics should be separate to safeguard the rule of law

Question 72

Why can the creation of the supreme court be seen as a partly cosmetic exercise?

Answer 72

- It was made up of senior judges drawn out of the lords - It has the same powers as the law lords once did

Question 73

Who previously had control over the appointment of senior judges?

Answer 73

The PM and lord chancellor. There was a fear that appointments would be made for partisan reasons rather than on the basis of legal qualifications

Question 74

What was the Judicial appointments commission set up to do?

Answer 74

Ensure that all candidates are suitable on the basis of legal qualifications