constitutional reform

constitutional reform: a process whereby the fundamental nature of the system of govt is changed, or where is changed; in the case of the uk, this may also involve the process of codification

why reform?

  • the labour govt, ‘new labour’, swept to a landslide victory in 1997 under tony blair

  • the labour party’s manifesto had various promises to reform british institutions n they had a large enough majority to pursue it

aims

aims of reform: democratisation

  • to make the house of lords more representative

  • to have a more representative electoral system

  • some changes have taken place:

    • Hereditary peers reduced (approx. 90 remain)

    • Stalled progress toward a fully elected House of Lords

    • Proportional representation in Scottish, Welsh, and N. Irish elections

    • Lack of proportional representation in general elections despite lobbying from Liberal Democrats in the 2010 coalition government

aims of reform: decentralisation

  • since 1998, power has been transferred to regions

  • scotland n wales have their own law-making bodies

  • elected mayors have been brought in for london n now for other cities

  • elected policie commissioners since 2012

aims: restoration of rights

  • Labour's belief: Conservative rule eroded rights

  • 1980s acts reduced workers union power (secret ballots, end to closed shop, stricter strike regulations)

  • Incorporation of European Convention on Human Rights

  • Freedom of Information Act for a more transparent and accountable government

aims of reform: modernisation:

  • Post-1997 government desire to align with Western counterparts

  • Policies to safeguard citizen rights and access to information

  • Adoption of fixed-term parliaments

  • Increased use of referendums in line with European practices

parliamentary reform

parliamentary reform?

  • Parliamentary reform: changes in membership, powers, or procedures in either house

  • House of Lords Act 1992: reduced hereditary peers to 92

  • Stalled plans for a fully elected House of Lords

  • 2010: Election of chairs of committees scrutinising government departments

  • 2016: Redrawing constituency boundaries, resulting in 50 fewer MPs, many from Labour

human rights

human rights: basic rights that all citizens can expect to enjoy. key examples inc freedom of expression, of association, of worship, right to privacy, freedom from imprisonment without trial

why a human rights act?

  • Desire to align UK with European states.

  • Concerns over increased police power in the 1980s, highlighted by incidents like Hillsborough and The Battle of Orgreave.

  • British government faced embarrassment in European courts, losing most cases (50 times since 1966).

  • New Labour emphasised active citizenship.

  • Human Rights Act passed in 1998, incorporating the European Convention on Human Rights into British law from 2000.

  • Part of devolution settlements for Scotland and Wales.

how does it work?

  • Entities bound by the Human Rights Act:

  • Welsh, Scottish, and Northern Irish assemblies.

  • Local authorities.

  • Government ministers, departments, and civil servants.

  • All government agencies.

  • All quangos (non-government public bodies).

    • quasi-NGO

  • 'Public business' organisations, including media, schools, charities, etc.

parliamentary sovereignty:

  • convention not superior to parliament

  • incompatible legislation considered

  • parliamentary approval enforces bills

  • ECHR may declare breach, not binding in UK

human rights act: a success?

  • Yes: UK's first rights codification

    • Advances individual protection against state

  • No: Insufficient, parliamentary sovereignty inadequate

    • Not a major check on executive power

human rights - the belmarsh case:

  • post 9/11: UK passes Crime and Security Act

    • grants power to detain suspects without trial

  • dec 2004: 9 men, including Abu Qatada, claim Human Rights Convention breach

    • won case in House of Lords

  • 2005: men released on bail

  • 2006: UK government agrees on 28 days for holding suspects without trial

    • ECHR allows this provision

human rights: deportation:

  • UK government faces issues deporting foreign terrorist subjects

  • ECHR prohibits deportation to torture-prone countries

  • 2012: Government unable to deport Abu Qatada to Jordan for trial

  • 2013: Deal ensures Jordan won't use torture-obtained evidence

    • Qatada extradited

  • 2014: Qatada found not guilty, released from Jordanian custody

electoral reform

electoral reform:

  • Attempts to reform voting since 1997 mostly unsuccessful; 'first past the post' still in use

  • 2011: Referendum to reform voting system fails

  • Proportional representation introduced in devolved assemblies

  • Concerns about the UK being an 'elective dictatorship'

    • Governments not required to win majority votes but hold uncontrolled power

freedom of info

freedom of information:

  • 1997: Labour Manifesto promises

  • Data Protection Act grants citizens right to view records held by public bodies

  • Right in effect from 2005

  • Freedom of Information Act intended for government scrutiny and public access to documents

  • Government can withhold information if it may prejudice government activities; used as an excuse

  • Information Tribunal established

expenses scandal:

- 2008: Request made to Information Tribunal to view MPs' expenses

- Parliament tries to block, fails; High Court rules in favour of the request

- Information leaked to Daily Telegraph, revealing wasteful practices of many MPs

- Scandal exposes lavish travel expenses, second homes, and questionable claims

- e.g., one MP letting parents live rent-free, another hiring son with no recorded work

- Expenses system radically reformed; MPs now required to be transparent about costs

how successful have reforms been?

an assessment of reform:

  • Reform since 1997, surpassing 1832 (Great Reform Act) and possibly 1688 (Glorious Revolution)

  • Critics highlight:

    • House of Lords still lacks accountability

    • Government accountability issues make House of Commons ineffective

    • Human Rights Act positive, but parliamentary sovereignty allows rights abuse

    • Weakness in Freedom of Information Act permits government secrecy

    • Electoral reform remains undelivered

  • Since 2010:

    • Minor changes: fixed-term parliaments, equalised constituency sizes, 10% House of Commons reduction

    • Referendum for any further EU change (with noted consequences)

  • Note: Referendums create as many, if not more, problems than they solve.