UK Chapter 3: constitutional reform 1997-2010

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  • Constitutional reform 1997-2010
    • Aims
      • Democratisation - electoral reform, greater use of referenda, unelected HoL
      • Decentralisation - devolution to S,W and NI, and to English regions
      • Modernisation - get rid of outdated and inefficient aspects of Parliament and the executive
      • Stronger protection of rights, incorporate the ECHR into domestic law under the HRA, FOI
    • Rights
      • FOI Act 2000
        • gives the public the 'right to know', makes government decisions more open and therefore more accountable
      • HRA 1998
        • first time secondary legislation has enshrined rights of citizens into law
      • quite successful, HRA and FOI very significant
    • Devolution
      • devolved institutions created in Scotland, Wales and NI after 'yes' voted in referenda
        • Scotland - given primary legislative powers in a range of policy areas, including tax-varying powers
        • NI - given primary legislative powers but no tax-varying powers
        • Wales - given secondary legislative and executive powers, only able to implement Westminster's policies
      • devolution to English regions
        • a newly elected mayor of London granted significant power in areas such as transport and the environment
          • London Assembly created to scrutinise actions of the mayor
          • introduced a congestion charge for motorists entering central London
            • a successful policy that was implemented elsewhere
    • When did most reform happen?
      • Most under Blair's first government, however Constitutional Reform Act of 2005 very significant
      • It appeared an early priority for Brown, however impacts of global economic crisis and his short tenure in office meant that little was achieved
    • Electoral reform
      • Jenkins report (1998) recommended replacing FPTP used for Westminster elections with hybrid system: AV+
        • not successful, Labour failed on one of its central reforms
      • reforms made to other elections and new devolved institutions given more proportional systems
        • European Parliament
        • Scottish Parliament: AMS
          • Scottish local government: STV
        • London Assembly: AMS
        • directly elected mayors: SV
    • Judicial reform
      • Constitutional Reform Act 2005
        • get rid of incumbent's role as Lord Chancellor and speaker of the HoL
          • enhanced separation of powers
        • changed system of appointing judges
      • principles
        • improve independence of judiciary, separation of powers
        • bring UK into line with modern constitutional practice
    • Parliamentary reform
      • House of Lords Act 1999
        • abolished the right of all by 92 hereditary peers to sit and vote in the upper chamber
          • intended as the first stage
        • second stage was supposed to be reviewing the composition of the Lords but Lords and Commons couldn't come to an agreement
      • reform to the Commons
        • change to working hours of commons, changes to PM's Question Time, chairs of select committees to be elected by backbenchers, BBBC to control business of HoC for 1 working day
        • Brown's 'Governance of Britain' green paper 2010
          • designed to limit powers of executive and make them more accountable

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