Constitutional Reform 1997-2010

How was the main person who instigated constitutional reform?

Tony Blair

What parliamentary majority did Blair win in 1997 ?

A Parliamentary majority of 179 seats

What did New Labour aim to do?

reform the constitution

What were Blairs 3 reasons for constitutional reform?

1. Power was too centralised in Westminster
2. Rights of citizens were in sufficiently protected
3. Government was too remote and unaccountable

What did Blair do to decentralise power?

Extended powers to devolved bodies

Why were referendums held in Wales and Scotland in 1997?

To allow citizens to decide on whether they wished to have their own elected governments

What were the results of the referendums ?

Scotland voted by a large majority to have their own parliament

Wales voted in favour of an assembly by a small margin

What was the result of the 1998 Good Friday Agreement ?

NI also voted in a referendum in favour of power sharing between unionists and republicans

In 2004 what percentage of people in the North East voted against a Northern East Regional Assembly?

78%

What could many cities and regions now elect as a result of devolution ?

Their own mayors

What did the local government act 2000 allow for?

Local authorities to offer their voters a referendum over whether they wanted their own directly elected mayors

By 2016 in how many referendums was a mayor rejected?

In 37/53

In 2016 what was the turnout in 2016 for the London Mayor ?

45%

What was the impact of hereditary peers ?

Undermined legitimacy of the House of Lords

How many hereditary peers now remain in the HOL?

92

What was established in 2000 for the HOL?

The HOL appointments commission

What did the government intend the HOL act 1999 to be?

The first stage of reform- wanted it to be elected

What reduced Blairs ambition to reform the electoral system?

FPTP giving him a majority of 179

Who did adopt different electoral systems to FPTP?

Wales, NI and Scotland

What did the HRA 1998 incorporate ?

The ECHR into British law

Why is the HRA important?

Positively states the rights British people can claim

What did it provide the judiciary with?

Important new powers to protect civil liberties

In 2004 what article of the HRA was used to declare intrusive press coverage of Naomi Campbell in a rehabilitation clinic illegal?

Article 8

Who must now act in accordance with HRA?

1. Public Bodies
2. Parliament

What is the HRA no different to?

An act of parliament

What does the HRA not represent?

Higher constitutional law

Can parliament enact legislation that is in defiance with HRA?

yes

What will the judiciary issue is a law is incompatible with the HRA?

A declaration of Incompatibility

What does article 15 of HRA allow government to do?

Suspend or derogate from its provisions

When did Blair deter from HRA?

After the terrorist attacks on Washington and New York in 2001

What are the limitations of HRA demonstrated by?

The Belmarsh case-Blair government suspended Article 5 right to liberty so that it could eep foreign terrorist suspects in custody without charge

What did the Anti Terrorism Crime and Security Act 2001 allow government to do?

Keep terrorist suspects in prison indefinitely

Why did the SC declare the 2001 Anti Terrorism Crime and Security Act 2001 incompatible with the HRA?

it was contrary to article 14- freedom from discrimination

Foreign suspects were being treated differently to British suspects

What did the government do after the ruling?

* Initially tried to ignore the ruling but then had to release suspects due to unfavourable publicity

What did the prevention of Terrorism act 2005 allow government to do?

Limit the freedom of all terrorist suspects through control orders

What did the constitutional reform act 2005 do?

* Established the Supreme Court- removed the law lords
* Lord Chancellors right to nominate judges was transferred to a judicial appointments committee which makes recommendations to the justice secretary
* Lord Chancellor’s role presiding over the HOL was removed- head of the judiciary became non political Lord Chief Justice