Constitutional reform

Cards (16)

  • What is changing a constitution
    • Changing how the country is run which can take variety of forms
    • Some changes have small impacts on the constitution whereas others have large impacta
    • We change it because attitudes change like the extension of the vote in 1832 due to industrialisation
  • Factors for constitutional reform
    • Devolution - are powers sufficient?
    • Fairness of the electoral system - should we move to Pr?
    • Reform the HOL - should this be democratised?
    • Regional and local gov - should their powers be increased?
  • How is the constitution reformed?
    • Acts of parliament can alter the constitution
    • The parliament standards act 2009 is an act of parliament after the expenses scandal
    • Referendums - the people decide on law like Brexit or the Alternative vote referendum 2011
  • New Labours constitutional reform 1997-2010
    • The manifesto offered:
    • Modernisation - institutions were outdated
    • Democratisation - electoral reform
    • Decentralisation - devolves power from the central powers
    • Rights - safeguarding and strengthening the rights of citizens
  • They also wanted reforms like:
    • A codified constitution
    • Elected upper chamber
    • Pr system
    • State funding of political parties
    • Reform of the monarch
    • A lot of these weren't met and there was a lot of unfinished projects
  • New Labour constitutional reform - Devolution
    • Asymmetric Devolution - form of devolution where political arrangements aren't uniform but differ from region to region
    • In 1998 power was devolved to new institutions in Scotland, Wales and Northern Ireland
  • Human rights act 1998
    • HRA is incorporated from the European convention of human rights into UK law
    • This is so they can be used in the justice system
    • HRA requires the British gov to ensure that legislation is compatible with the ECHR and all bills were reviewed
    • ECHR can't overturn legislation that isn't compatible with the HR
  • Parliamentary Reform
    • Abolished the right of all but 92 hereditary peers to sit and vote in the upper house
    • This was intended as the first stage of the reform
    • The HOL now consists of life peers and no political party is involved in it
  • Coalition Government 2010-2015
    • Fixed term Parliament Act 2011:
    • Established a pattern of fixed general elections every 5 years starting in 2015.
    • This was to stop the prime minister from calling a general election at an advantageous time in the polls
    • But in 2017 and 2019 general elections were held which is decided by a vote
    • And in 2022 this was appealed and the royal perogative is in use again
  • Strengths of the fixed term parliament Act
    • Allowed both parties in the coalition government to work and implement the policies they both want with enough time
    • This stability was needed for economic growth
    • This act allows younger politicians in parliament to gain experience
  • Weaknesses of the fixed term Parliament Act
    • Act provided as stability for the coalition government which means it might've been unstable to start with
    • You could argue that it failed to play it's role in long governments
    • Johnson removed the act in 2022 with a vote of 438 to 20
  • Scotland Act 2012
    • Act gave the Scottish government the power to vary income tax by 10p up or down in the pound
    • Also it devolved powers regarding the Scottish government controlling and regulations drugs
    • Also the Scottish government could borrow £2.2 billion per annum
  • Protection of Freedom Act 2012
    • There was an avalanche of control measures designed to meet the threat poses by 9/11
    • Act offered citizens greater protection from the state and putting in proper scrutiny of the security services
  • Conservatives Constitutional Reform 2015 - ????
    • Brexit was possibly the largest piece of legislation in decades
    • EU law won't be a source for the British constitution
    • Thought existing law was enshrined, it can now be appealed
    • UK citizens won't vote in EU elections or be represented by MEPs
  • Devolution Conservatives
    • Scotland Act 2016 act gave the Scottish government more financial control
    • Wales Act 2017 have the Welsh greater tax powers like the ability to raise or lower income tax
  • English votes for English laws
    • This policy was introduced after the west-lothian question
    • Questioned why Scottish, Welsh and Northern Irish MPs get a vote on laws only concerning England
    • The policy worked like: speaker judges part of the bill that relates to England, Scotland and Wales. The England only committee and membership of this committee reflects the number of MPs each party had in England
    • However in 2021 English MPs scrapped the system that gave English MPs the power to Veto laws affecting only England