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level: Constitutional Reform during Blair and Brown

Questions and Answers List

level questions: Constitutional Reform during Blair and Brown

QuestionAnswer
What was the Purpose of Political Reform for Labour?-Political System to be more Democratic -Political System very Centralised with Power -People’s Rights not very Protected -A Modern Political System to be brought side by side with other Modern Democracies
What Examples of Reforms was Brought under Labour-Devolution -Brining the Human Rights Act into Britain -House of Lords Reform -Freedom of Information Act -UKSC Creation
What is Devolution -What is Asymmetrical Devolution-This is where Power - NOT Legal Sovereignty - is Distributed away from Central Government to Regional Governments -Asymmetrical is where the Extent of Transfers of Power from Westminster is Different in Different Places [Scotland and Wales]
Under Labour, What Forms of Devolution was brought in?-Westminster and Whitehall transferred Powers to Elected Parliaments and Assemblies in Scotland, Wales and NI -Greater London Authority, along with Office of London Mayor also Created
What Features does Devolution have?-Transfer of Powers, but doesn’t have Sovereignty to the 3 National Regions of Britain -The Funding for Devolved Services came from Central Government, but now the Devolved Governments have been given more Independence over Taxation -Barnett Formula calculates the Size of Devolution Grant, factoring that England doesn’t need Devolution as much -Asymmetrical Devolution across Britain -Devolved Regions have Elected Assemblies and thus an Executive from the Assembly -Election Method isn’t FPTP. Wales and Scotland = AMS NI = STV -Devolution been Entrenched via Referendum s -UK Parliament could Dismantle and Suspend Assmeblies
What Powers, in terms of Policy, does Scotland, Wales and NI all have?-Education -Housing -Environment -Health and Social Care -Sport and Culture -Transport -Business
What Powers, in terms of Policy, do all 3 Not Have?-Wales has no Justice and Policing -Wales and Scotland don’t have control over Energy
What powers, in terms of Taxation, do all 3 Have?-Local Property Tax
What powers, in terms of Taxation, do all 3 Not Have?-NI has no Stamp Duty, nor Landfill Tax, nor Income Tax -Wales has no Air Passenger Duty nor Revenue from VAT [Same with NI] -Scotland and Wales can’t control Cooperation Tax
What are the Positive Aspects about Devolution?-Government is more Region Sensitive - Devolved Bodies differ in Policy from that of Westminster - Efficient -Power Sharing in NI has made it more Peaceful -Electoral System in the Devolved Assemblies more Proportional and makes Great Legitimacy and little Dominance
What are the Negative Aspects about Devolution?-Devolution has created Regional Unfairness. All Welsh People under 25 an get Free Prescriptions, English can’t -Uncertainty if English MPs in Westminster should Vote on Issues relevant to England -Nature of Electoral Systems can make Less Stable Governments. NI is a Prime Example as the Government keeps Collapsing, and STV prevented another Coalition Partner on the Stage
What are the Positive Aspects of the Human Rights Act-UK Citizens allowed to Appeal in UK Courts, not going Abroad to Strasbourg. This makes it more Cheaper for UK Citizens to Appeal and more Accessible -Right Balance between Parliamentary Sovereignty [Amendments can be made] and those who want Parliament to be Held to a High Standard [Act ensures Parliament accounts the ECHR into mind -Act limits the Power of Government as the UKSC can make Incompatibility which makes Government’s think Twice.
What are the Negative Aspects of the Human Rights Act-Conservatives say that Unelected Judges have Too Much Power over the Elected Government -Liberal Commentators say the HRA is not Strong enough, due to Lack of Entrenchment. Acts can just Bypass the HRA -Parliament and the Government can ignore the Incompatibility Statements
What was the House of Lords Reform?-93 Hereditary Peers now Remained [was 750] -Life Peers only be Appointed to House of Lords -All Lord Appointments made by an Independent Commission instead of PM
What was the Positive Aspects about the House of Lords Reform?-Most Undemocratic Element of House of Lords had Largely been Removed. Hereditary Principle -This also meant Labour ended the Inbuilt Conservative Majority in the House of Lords making Future Conservative Government Scrutinised more Effectively -Creation of Independent Body to make Appointments limits Government to pack Lords with its own Supporters
What was the Negative Aspects about the House of Lords Reform?-Reforms meant to be First out of 2 Stages, which would have made a Fully Elected Chamber - which hasn't Happened -Lords don't have enough Power to hold Government into Account due to the Salisbury Convention [Manifesto] and Parliament Act [No Financial Intervention & Delay for a Year] -Party Leaders and the PM are still Influential when the Awarding of Peerages comes into play, rewarding fellow Supporters [PM Approves]
What is the Freedom of Information Act 2000?-This gave the Right for Individuals and Organisations to see Official Information held by Public Bodes, except for Information concerning National Security
What are the Positive Aspects of the Freedom of Information Act?-Before, Labour said Conservatives had 'excessive secrecy' and so this allowed Scrutiny of the Government in the awake of Scandals like Arms to Iraq or 'Mad Cow Disease' -Law makes UK with other Western Democracies like USA -Act made the Public know more about Government and Relations with Government Departments - even Royal Family and Politicians. 'Black Spider Memos' revealed that King Charles was Privately Criticising Government Policy
What are the Negative Aspects of the Freedom of Information Act?-Law hasn't prevented further Cover Ups. Journalists who want to see MP's Expense Claims via FOI Request found out the Information given was Redacted, so Information from Leaks instead -Far Weaker than similar laws in Other Nations. Security Service not part of this, Arms deals not part of this and MPs exempted correspondence with each other.. -Government can Limit the Law. After the 'Black Spider Memos' Government amended the FOI Act to Exempt Royal Correspondence
How did the Constitutional Reform Act in 2005 create the UKSC?-12 most Senior Judges out of the House of Lords, and made the UK Supreme Court, Highest court of Appeal and Legal Interpretation in Britain -UKSC is also Independent from the Political Branches and replaced the Lord Chancellor [Cabinet Minister] by Lord Chief Justice - Senior Judge for the Head Judiciary
How has the UKSC been Successful?-Being separate from Parliament, UKSC gets Independence and thus can Challenge the Government. This was seen when the Court stopped Johnson from Proroguing Parliament in September 2019 -Senior Judges appointed by the Judicial Appointments Commission, reducing Political Intervention in Judges Selection and ensuring the UKSC acts with no Bias - Applying the Law
How has the UKSC been Unsuccessful?-UKSC doesn't have that much more Power than the Body it Replaced. Only can Interpret Law done by Parliament, while European Courts can Strike down Laws that are 'Unconstitutional' UKSC only gets power that Parliament gives, and it can be taken away. The Conservatives in 2019 Manifesto wanted to review the UKSC Powers, perhaps affecting how it can hold Government to account. -On the Left, the Court has a 'Conservative Bias' due to the Narrow and Social Background. On the Right, they say the Court has entered the Political Arena. 2017 saw the Miller Case, denying the Government to trigger Article 50 without Parliament's Approval