Constitution - New Labour's Constitution Reforms

  • New Labour when they came into power in 1997 introduced lots of constitutional reforms
Examples Of The Reform:
  • Modernisation: Institutions such as Parliament, the executive and the civil service were using outdated and ineffective procedures that demanded reform.
  • Democratisation: Participation in the political process would be encouraged through electoral reform and the greater use of referendums.
  • Decentralisation: Decision-making powers would be devolved to new institutions in Scotland and Wales with the role of local government also being enhanced.
  • Rights: The rights of citizens would be strengthened and safeguarded.
Areas
Reform
Devolution
 Human rights act in 1998 incorporates the European Convention on human rights into UK laws. Freedom of information by public bodies
Electoral Reform
 Scottish Parliament with primary legislative and the tax-raising power, the same with NI. Welsh assembly with secondary legislative power. A directed Mayor of London and other English authorities.
Parliamentary Reform
 All but the 92 hereditary peers in the Houses of Lords were removed
Judiciary
Reform act in 2005
Changed to the Lord Chancellor System.
Rights:
  • Right to life, liberty, fair trial, respect for private and family life, freedom of thought and expression, peaceful expression, right to marry and start a family.
  • The HRA requires the government to ensure that legislation is compatible with the EHCR
  • Bills are reviewed by lawyers
  • Government cannot overturn EHCR law
  • UK government can force derogation from Article 5 (Right to liberty and security) is allowed to stop it foreign action is needed (e.g Suspected terrorists).
Devolution:
  • Transfer of certain executive and legislative powers from central government to subnational institutions
  • Ireland was given this power in 1999 but it was a symmetric devolution where each body had different powers
  • Scottish Parliament legislative was given powers across a range of policies aling with tax-waving powers
  • West Lothian Question: “Why should Scottish MPs vote in English matters?”
  • NI assembly is weaker than Scottish Parliament.
  • Turned the UK into a federal state
Regional And Local Government:
  • Tony Blair’s government made changes to local government, most notably in the capital where a mayor could be elected
  • London Assembly could be created
  • Local authorities were obliged to reform political management
Electoral Reform:
  • Labour wanted to change from FPTP to AV+ but because FPTP worked for them in 1997 they rejected it however, other aspects of the votes did go through.
Parliamentary Reform:
  • Got rid of the all but the 92 heredity peers – this was the first stage.
  • The second stage did not go as well as Labour would have wanted to.
  • Changes to PMQs were not as convincing
  • They did make the following changes though
  • Chairs of select committees to be elected by backbenchers
  • A backbench business committee to determine the business of the HoCs for 1 day each week
  • A petitions committee to select issues for debate that have been suggested by the public via e-petitions.
Judiciary:
  • The Constitution reform act in 2005 focused on judicial reform.
  • The supreme court become the UK’s highest court which removed the judicial role of the HoLs.
  • The Act also reduced the role of the Lord Chancellor removing roles such as Head of the Judiciary.
  • Enhanced the separation of power with the Justice Secretary no longer in all three branches of government.
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