✅Constitutional reforms (new labour)

Constitutional reform in the UK since 1997

HOLs

HOCs

HRA

Electoral reform

Freedom of info

City govt

Local govt

Devolution

Party registration

Reform of the judiciary

Fixed-term parl

EVEL

Recall of MPs

The UK + the EU

HOLs constitutional reforms since 1997

abolition of voting rights of most hereditary peers

HOCs constitutional reform by new labour

• limited changes to the select committee system, fixed-term parliaments (though not entrenched) new control for backbenchers over the commons agenda

HRA constitutional reform by new labour

• inclusion of the European convention of human rights into British law, effective from 2000

Electoral reform by new labour

• Electoral reform- the introduction of new electoral systems for the Scottish parliament, welsh + NI assemblies and for elected mayors

Freedom of information by new labour

• introduction of freedom of info effective from 2005- public right to see official documents

city govt constitutional reform by new labour

• City govt- introduction of an elected mayor + assembly for Greater London + devolution of powers over health + social care to the Manchester mayor + govt

local govt constitutional reform by new labour

• introduction of a cabinet system in local govt + the opportunity for local people to introduce elected mayors by referendum

Party registration + the electoral commission reform by new labour

• a new electoral commission was set up to regulate elections + referendums, including the funding of parties, this also required the 1st ever registration of political parties

Reform of the judiciary by new labour

• the ‘political’ office of Lord Chancellor was abolished. The holder was no longer head of the judiciary/ speaker of the HOL. This function was replaced by an office known as justice minister. The HOL appeal court was replaced by a separate Supreme Court in 2009, senior judicial appointments are controlled by an independent committee of senior judges

Fixed-term parl reform

• the 2010 act removed the PMs power to determine the date of GEs. Each parl. Should, expect under exceptional circumstances, last for 5 years

EVEL reform

• a change in parl. Procedures that means that MPs from Scottish constituencies will not be allowed to vote on issues that affect only England, or England + wales

Recall of MPs reform since 1997

• Recall of MPs- if an MP is imprisoned or suspended from the HOC for misbehaviour, a petition signed by 10% of the voters in a constituency can trigger a by-election

the UK + EU constitutional reforms

• The UK + the EU- in 2016 a referendum determined that the UK will leave the EU in the years that follow. This will have wide-ranging constitutional impacts

The idea of constitutional reform for much of the early 20th century

• there was a broad political consensus in support of the constitution + the key institutions of the UK state. The constitution evolved in a largely peaceful + pragmatic fashion. Govts of diff parties were happy to work within existing constitutional framework + political elites regarded the constitution as legitimate + effective

The idea of constitutional reform in the final 2 decades of the 20th century

• broader changes in society + political culture led groups such as charter 99 (renamed unlock democracy) put forward the case for wholesale constitutional change

How labour traditionally viewed constitutional reform

• as an unwelcome distraction from its main goal of improving conditions for the working class,

When did labour come to embrace the need for constitutional change

• an 18-year spell in opposition (1979-97)

What overcame the (apparent) core problem of constitutional reform in the uk

• It being a prominent issue in the UK since the late 1990s, + coming to attention of both labour + conservatives

What is the (apparent) core problem of constitutional reform in the UK

• how can traditional parties of govt be persuaded to support measures that would only tie their own hands when in power?

• The UK's 'unwritten' constitution can be said to have a bias + so reform was popular with ?

• in favour of elective dictatorship and so reform was popular with 'third' parties as it would limit the power of other parties, not them

What program did labour promise upon their 1997 success

• program of constitutional reform that was driven by 4 interlocking themes

the 4 interlocking themes of labours constitutional reform program:

modernisation

Democratisation

Decentralisation

Rights

why new labour wanted modernisation:

• institutions such as parliament, the executive + civil service were using outdated + inefficient procedures that demanded reform

why new labour wanted democratisation

• participation in the political process would be encouraged through electoral reform + greater use of referendums

Why new labour wanted decentralisation

• decision-making powers would be devolved to new institutions in Scotland + Wales, w the role of local govt also being enhanced

why labour wanted rights reform

• the rights of citizens would be strengthened + safeguarded

• Most of the key reforms that followed the 1997 GE were introduced by:

• Tony Blair's 1st administration (1997-01), although constitutional reform act 2005 that followed later also brought significant changes to UK judiciary

Constitutional reform in Brown’s govt

• While constitutional reform appeared to be an early priority for Brown's govt, (2007-10), the impact of the global economic crisis that coincided his tenure meant not much significant happened

timeline of reforms under new labour 1997-2010

• 1997 devolution of power to Scotland + Wales

• 1998 Human rights act

• 1998 devolution of power to NI

• 1999 HOL act

• 1999 greater London authority act

• 2000 freedom of information act

• 2005 constitutional reform act (supreme court)

• 2006 govt of Wales act (law-making powers granted)

Overview of the human rights reform

• Enshrined the European convention of human rights into UK law

Significance of the human rights reform

• Limits parliamentary sovereignty + executive power as new legislation must be compatible with HRA- if a court declares it isn't, the govt should then amend/ repeal the act (but can't be forced to)

How successful was the HRA

• Strengthened rule of law + safeguarded citizens' rights, particularly against govt power, govt must now consider more carefully the impact of legislation it introduces on rights

Why might further change be needed on the HRA

• It's not entrenched- so could be repealed. Some would like to see it protected in a codified constitution, others (conservatives) seek to replace it w a British bill of rights

How successful was the HOL act 1999

• Still 92 hereditary, could be moved to an elected/ hybrid house

Why further change might be needed on the HOL act 1999

 

• Still 92 hereditary, could be moved to an elected/ hybrid house

Overview of electoral reform

• Different electoral systems used in elections to devolved bodies

• New labour had looked into electoral reform to FPTP (1998 Jenkins report) but didn't proceed

Significance of electoral reform

Minimal- no change at Westminster, but has shown it is possible in the UK

How successful was electoral reform?

• Limited impact on participation

Why further reform might be needed to electoral reform

Still calls for further reform but not a major demand for it

Overview of freedom of information

Creates more open govt as citizens can request information about govt actions- must be transparent + can be held accountable for decisions + actions, applies to govt + govt agencies

Significance of freedom of info

• More power to citizens to request files/ info, has changed govt actions- more fear of scrutiny

• Success of freedom of info

• Increased rights + democratisation, but ministers use unofficial channels (e.g. WhatsApp for covid contracts)

Why further reform might be needed for freedom of info

Lengthy, too many exemptions + requests are easily rejected, e.g. due to national security, no ability to compel govt to release info

Overview of constitutional reform act 2005

Supreme court established to create a new 'top level' of judges (previously they were law lords)

Significance of  constitutional reform act 2005

Separation of powers- more symbolic than practical, supreme court now a source of challenge to govt

Success of  constitutional reform act 2005

Update on the law lords + old procedures, citizens can appeal to s/court if rights infringed

Why might further reform be needed for  constitutional reform act 2005

It's not entrenched, s/court can't declare laws unconstitutional- only advise govt to repeal

Overview of regional govt

• Directly elected mayor of London + London assembly, w powers over environment + transport- led to new policies like congestion charge

• Sought to extend beyond London by attempts to introduce North East assembly were resoundingly rejected

Significance of regional govt

• Moved some power from Westminster, a step on road to more regional govt- showed possibilities

Success of regional govt

Decentralisation + democratisation

Why might regional govt need further reform

Not all areas are devolved, need more powers?

Significance of New Labour's program of constitutional reforms?

• Blairs govt was most radical reforming govt on constitutional matters in the 20th century

• Blair's programme was bold + far-reaching

• Created momentum for further + more radical change

• Appetite for greater independence after devolution

• Removal of bulk of hereditary peers seen as 'stage one' in a bolder process of reform

How were new Labour's reforms criticised

Enthusiasm for constitutional reform quickly started to fade,

The reforms were piecemeal,

The reforms reshaped existing constitutional arrangements but didn't address deeper problems

how did enthusiasm for constitutional reform quickly start to fade?

• (MPs lost enthusiasm for throwing away power + certain commitments were abandoned. This was seen as a failure to hold promised referendum on alternative Westminster voting system)

how were new labour reforms piecemeal?

 (there was no 'constitutional blueprint' that informed the reforms + so they were individual solutions to particular problems)

how new labour reforms reshaped existing constitutional arrangements but didn’t address deeper problems

 (in particular they failed to provide a solution to elective dictatorship, the arguably central weakness of the UK constitution, the major 'hole' in Blair reforms was the lack of substantive parl. Reform)