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CONSTITUTIONAL REFORMS, 1997 - Coggle Diagram
CONSTITUTIONAL REFORMS, 1997
CHANGES UNDER LABOUR, 1997-2010
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The Human Rights Act 1998 - incorporated the European Convention on Human Rights into UK law. Gives people rights e.g. right to a fair trial, right to privacy. All future laws have to comply with. In 2005 an exception made for those suspected of terrorism in terms of their right to liberty and security with the introduction of control orders.
Electoral Reform - more PR systems introduced for Scottish Parliament and Welsh Assembly (AMS), Northern Ireland Assembly (STV) and European Parliament (Regional Lists). 1998, Roy Jenkins recommended a shift to AV+ for general elections - combines AV and a party list system. Labour won a huge majority through FPTP, decided not to carry out the change.
The Supreme Court - Constitutional Reform Act (2005) led to the creation of a Supreme Court as the highest court of appeal in the UK for civil and criminal cases. Took over the role previously done by the law lords, who sat in the HoL. Reduced power of Lord Chancellor and created better separation of powers. Following clash in 2019 with BoJo over the proroguing of Parl the future of the court is uncertain.
House of Lords Reform - the House of Lords Act 1999 ended dominance of hereditary peers (who tended to support the conservatives). Only 92 survived the reforms. House of Lords Appointment Commission (from 2000) nominates peers not linked to a party but PM and other party leaders continued to nominate as well. Supposed to be the start of further reform.
HUMAN RIGHTS ACT
JUST RIGHT - for the first time, a bill of rights exists. Changes have been made as a result, such as the equalisation of the age of consent for gay and straight sex. Govt must makes sure that laws, policy and actions meet the requirements of the Act, if not they risk embarrassment. Fits with organic nature of the UK constitution.
NOT FAR ENOUGH - the Act isn't entrenched - easy to change - with the conservatives are planning to do. In de jure terms there's no protection. Judges can't strike down legislation that is incompatible with the Act, they can only declare it incompatible.
REFORM WENT TOO FAR - challenge to parliamentary sovereignty (de facto - not de jure). Power in the hands of unelected judges. Both Labour and the Conservatives have argued that judges have misused the Act and made it difficult to fight the 'war on terror' e.g. the Home Secretary hasn't been able to deport some foreign terror suspects as the HR Act doesn't allow deportation if there's a good chance the deportees may be tortured.
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