Reform of the UK Constitution
New Labour
- Before 1997, there was gradual piecemeal reform
- Post 1997, this changed with Blair’s government, as Labour had been out of power, and in
their manifesto they thought change was necessary
- They wanted to change the way that power was exercised, which introduces a proactive
period of reform
- There was a promise to end the ‘hereditary principle’ in the House of Lords, which brought
about the House of Lords Act 1999, as this was not democratic and extremely aristocratic.
The Act vastly reduced the number of members from 1330 to 669, with only 92 hereditary
peers, which modernised the constitution
- They also introduced devolution with the Scotland Act 1998, Government of Wales Act
1998, Northern Ireland Act 1998 and Government of Wales Act 2006
- Northern Ireland has a specific way of exercising its power. The later Act for Wales boosted
their powers
- The Human Rights Act 1998 brought the European Convention into UK law and gave the
court's power to enforce human rights
- The Freedom of Information Act 2000 could ask anyone exercising power in the country
what information they are using, makes it more transparent
- The Political Parties, Elections and Referendums Act 2000 dealt with the way political
parties are funded. If certain people are paying certain political parties, it would imply they
are receiving something in return
- Constitutional Reform Act 2005 established the Supreme Court, establishing a separate
judicial branch and a clear independent court. It is affirmed in statute, the rule of law is
extremely important, and it also changed the role of the Lord Chancellor.
- The Constitutional Reform and Governance Act 2010 changed the basis of the civil service
and how P ratified international treaties.
- There was a lot of written sources of the UK Constitution emerging during this period
- This constitution has become “quasi-federal in nature”
- Brown was more keen than Blair in 2007 and was discussing the potential for a written
constitution
- Brown recognised you can’t quickly pass a constitution, it would need a wide consultation
and a broad consensus
- Labour wanted to go further than Blair’s reforms, increasing the power of local government
for example
- The end of the new labour era was due to the 2008 global financial crisis, it was the end of
an era of financial stability. Some constitutional reform was a ‘reactive’ response in the future
- The legacy of the New Labour era saw a proactive approach, with far-reaching reform that
still has effects now, such as the UKSC and devolution. The constitutional landscape was
changed
The Coalition (2010-2015)
, - There was a “Hung Parliament”, there was no majority of MPs, and it was the first coalition
government since World War 2
- Conservatives won the highest number of seats, and formed a coalition with the Lib Dems,
it lasted for 5 years and can say it was somewhat successful
- The Lib Dems took an interest in constitutional reforms, they focused on the House of
Lords and felt changes needed to be made
- The Lib Dems wanted to make the HoL an 80% elected body, Conservative MPs rebelled
- FPTP favours the bigger parties, Lib Dems wanted alternative voting system to be more
proportional, which favoured smaller parties
- The referendum failed
- Succession to the Crown Act 2013 relates to who gets to be the next monarch, and
changed rules in relation to marrying of Catholics
- The Recall of MPs Act 2015 challenged their position and could potentially remove them,
leading to a bi-election being triggered.This Act would hold MPs to account more, the
reforms were proactive
- The Fixed Terms Parliament Act 2011 aimed to keep the coalition together, it was a
reactive reform, needed ⅔ approval, and it offered stability to the fragile coalition
- 2014 Scottish Independence referendum lost
- The Cabinet manual is a guide to laws, conventions and rules on the operation of
government. It is not a source of any rule, it is just recording the current position and is
simply a guide for those working in government.
- The Parliamentary Committee Inquiry discussed a new magna carta and codifying the
constitution. There could be a Code, Act or Constitution, and this continued to be on the
agenda in 2014.
- The approach of the coalition was a continuing New Labour trend for reforms, guided by
the logic of a coalition government and the beginning of more ‘reactive reforms’
The Conservatives (2015-present)
- In the aftermath of the coalition, David Cameron won a majority
- He promised a Brexit referendum, and then resigned when the Leave campaign won
- In 2016, May became the leader of the Conservatives
- Using the Fixed Terms Parliament Act, May called a general election in 2017 and
performed poorly, and formed a coalition with the DUP, and it was a thin majority and a weak
government
- Boris Johnson won the election campaign and called another general election in 2019 to try
and win a greater majority, he then won a healthy majority
- Not a great deal of constitutional reform, just reacting to the circumstances. The key
changes were leaving the EU, trying to leave the European Convention on Human Rights
and repealing the Fixed Terms Parliament Act
- There is further devolution and a move to further metro mayors, which is the idea of
decentralising power, closer to where people live.
- This had certain implications in different areas during the pandemic, there was some
resistance from Andy Burnham in Manchester as he needed greater funding to cover
people’s living expenses.
- Furthering devolution beyond countries and regions is likely to have further developments
New Labour
- Before 1997, there was gradual piecemeal reform
- Post 1997, this changed with Blair’s government, as Labour had been out of power, and in
their manifesto they thought change was necessary
- They wanted to change the way that power was exercised, which introduces a proactive
period of reform
- There was a promise to end the ‘hereditary principle’ in the House of Lords, which brought
about the House of Lords Act 1999, as this was not democratic and extremely aristocratic.
The Act vastly reduced the number of members from 1330 to 669, with only 92 hereditary
peers, which modernised the constitution
- They also introduced devolution with the Scotland Act 1998, Government of Wales Act
1998, Northern Ireland Act 1998 and Government of Wales Act 2006
- Northern Ireland has a specific way of exercising its power. The later Act for Wales boosted
their powers
- The Human Rights Act 1998 brought the European Convention into UK law and gave the
court's power to enforce human rights
- The Freedom of Information Act 2000 could ask anyone exercising power in the country
what information they are using, makes it more transparent
- The Political Parties, Elections and Referendums Act 2000 dealt with the way political
parties are funded. If certain people are paying certain political parties, it would imply they
are receiving something in return
- Constitutional Reform Act 2005 established the Supreme Court, establishing a separate
judicial branch and a clear independent court. It is affirmed in statute, the rule of law is
extremely important, and it also changed the role of the Lord Chancellor.
- The Constitutional Reform and Governance Act 2010 changed the basis of the civil service
and how P ratified international treaties.
- There was a lot of written sources of the UK Constitution emerging during this period
- This constitution has become “quasi-federal in nature”
- Brown was more keen than Blair in 2007 and was discussing the potential for a written
constitution
- Brown recognised you can’t quickly pass a constitution, it would need a wide consultation
and a broad consensus
- Labour wanted to go further than Blair’s reforms, increasing the power of local government
for example
- The end of the new labour era was due to the 2008 global financial crisis, it was the end of
an era of financial stability. Some constitutional reform was a ‘reactive’ response in the future
- The legacy of the New Labour era saw a proactive approach, with far-reaching reform that
still has effects now, such as the UKSC and devolution. The constitutional landscape was
changed
The Coalition (2010-2015)
, - There was a “Hung Parliament”, there was no majority of MPs, and it was the first coalition
government since World War 2
- Conservatives won the highest number of seats, and formed a coalition with the Lib Dems,
it lasted for 5 years and can say it was somewhat successful
- The Lib Dems took an interest in constitutional reforms, they focused on the House of
Lords and felt changes needed to be made
- The Lib Dems wanted to make the HoL an 80% elected body, Conservative MPs rebelled
- FPTP favours the bigger parties, Lib Dems wanted alternative voting system to be more
proportional, which favoured smaller parties
- The referendum failed
- Succession to the Crown Act 2013 relates to who gets to be the next monarch, and
changed rules in relation to marrying of Catholics
- The Recall of MPs Act 2015 challenged their position and could potentially remove them,
leading to a bi-election being triggered.This Act would hold MPs to account more, the
reforms were proactive
- The Fixed Terms Parliament Act 2011 aimed to keep the coalition together, it was a
reactive reform, needed ⅔ approval, and it offered stability to the fragile coalition
- 2014 Scottish Independence referendum lost
- The Cabinet manual is a guide to laws, conventions and rules on the operation of
government. It is not a source of any rule, it is just recording the current position and is
simply a guide for those working in government.
- The Parliamentary Committee Inquiry discussed a new magna carta and codifying the
constitution. There could be a Code, Act or Constitution, and this continued to be on the
agenda in 2014.
- The approach of the coalition was a continuing New Labour trend for reforms, guided by
the logic of a coalition government and the beginning of more ‘reactive reforms’
The Conservatives (2015-present)
- In the aftermath of the coalition, David Cameron won a majority
- He promised a Brexit referendum, and then resigned when the Leave campaign won
- In 2016, May became the leader of the Conservatives
- Using the Fixed Terms Parliament Act, May called a general election in 2017 and
performed poorly, and formed a coalition with the DUP, and it was a thin majority and a weak
government
- Boris Johnson won the election campaign and called another general election in 2019 to try
and win a greater majority, he then won a healthy majority
- Not a great deal of constitutional reform, just reacting to the circumstances. The key
changes were leaving the EU, trying to leave the European Convention on Human Rights
and repealing the Fixed Terms Parliament Act
- There is further devolution and a move to further metro mayors, which is the idea of
decentralising power, closer to where people live.
- This had certain implications in different areas during the pandemic, there was some
resistance from Andy Burnham in Manchester as he needed greater funding to cover
people’s living expenses.
- Furthering devolution beyond countries and regions is likely to have further developments
