- Category: Government
- Topic: Political science , Politics
Constitutional reform has been a significant agenda in the United Kingdom since 1997. The reforms have been groundbreaking and gradual simultaneously. It was a unique process as it involved codifying an uncodified constitution, which required consensus and political will. The UK's aim is to establish a more representative upper house and create a "historic" constitution by conscious human agency.
The bicameral parliament of the United Kingdom comprises the Houses of Commons and Lords, where the administrative power is vested with the Sovereign. The Prime Minister exercises this power in practice, while ministers of state carry out the central government on behalf of the Crown. While Parliament holds constitutional authority vested by the Sovereign, ministers involved in enacting new laws remain actively engaged in the legislative process. The Lords who work on the House of Lords' Appellate Committee may join in the upper house's legislative business.
The constitution of the United Kingdom is a "whole system of government with a set of laws that establish, regulate, or administer government." It may be amended by a simple vote of both Houses of Parliament.
The new constitutional situation has caused a complex system in which democracy focuses on liberal and democratic principles rather than a fixed set of rules and safeguards. This has its pros and cons, but it has significant implications for progress. Moreover, unless the Westminster Parliament retains its dominance, no genuine territorial arrangement within the UK can be formed. It also has the power to abolish Northern Ireland, Scotland, and Wales' devolved powers.
The constitutional reforms in the UK have been wide-ranging and varied, including the political independence of the Bank of England, Scottish and Welsh devolution referendums. These led to the creation of an elected Scottish Parliament, a directly representative Welsh National Assembly, and a referendum on a cooperation model of devolution for Northern Ireland. This was followed by the establishment of a directly elected assembly in Northern Ireland. A ballot on a directly elected mayor and assembly for London was also held, and proportional representation was introduced in various elections.
The Human Rights Act of 1998 permits state institutions to conform with the provisions of the European Convention on Human Rights. It creates a fast-track procedure for reforming or amending such legislation in Parliament. The House of Lords also underwent a significant reform where all but 92 hereditary peers were removed.
In conclusion, the constitutional reform in the UK since 1997 has been extensive and multifaceted. It has brought significant changes to the UK's political system, which has both advantages and drawbacks.
The Constitutional Reform Act of 2004 brought about significant changes to the UK’s legal and political landscape. The Lord Chancellor’s role was abolished, the law lords were removed from House of Lords, and a new Supreme Court was established. The effectiveness of these reforms has been under scrutiny.
Devolution was a major aspect of the Labour party’s democratic transformation plan, and the party successfully implemented it. The Scottish parliament and Welsh assembly were established with primary and secondary legislative powers, respectively, while Northern Ireland’s power-sharing arrangement was a significant influence. However, there has been no devolution for England so far, except for the Greater London Assembly and Mayor.
The decentralization patterns have had little impact on local government power. Regional development councils lack direct accountability to an electorate and Cabinet Office and the Prime Minister’s office hold considerable administrative power. Plans to grant English regions more devolved power have not been accompanied by any details.
Devolution is an ongoing process, and the settlement may change over time. More power to devolved governments may be pursued, and campaigns for English regional assemblies may gain momentum. The establishment of the Jenkins Commission resulted in proposals for a referendum on the voting system, but no action has yet been taken. The commission recommended an AV plus system, which could lead to looser party ties and more women and ethnic minority MPs.
Proportional representation (PR) has been used to elect various bodies, but there is limited support for its use in general elections. Changes to voting procedures may be far off and uncertain, with Labour’s current majority potentially at risk.
Lord Wakeham’s committee recommended creating a modern House of Representatives, which would include elected representatives and life peers. However, Labour has delayed implementing these reforms until after the next electoral mandate. A cosmetic measure to form a limited party of “peers” is unlikely to make a significant difference in the fight for democratic equality.
The restructuring of the public sector under New Labour has not had the same impact as the progressive reforms of Margaret Thatcher in the 1980s. While there have been some changes, such as the creation of more executive departments and a focus on education and good public service, the most significant consequence has been the increase in temporary civil servants and government contractors hired to offer political advice. This has led to a rise in the influence of advisors, which has had major consequences for the traditional neutrality of civil service.
Devolution has also brought about challenges as civil servants' honesty and neutrality may be called into doubt with parallel or overlapping regimes in Westminster, Edinburgh, or Cardiff. The civil service will need to find alternative ways to cooperate with the new authorities, working under the Joint Ministerial Committee on Devolution.
Person and ethnic rights have made significant progress, with the introduction of the Human Rights Act in 2000 and the Freedom of Information Act, which has increased citizens' access to government documents and publications. However, criticisms surrounding the vagueness of terms and restrictions put on these acts have led activists to call for more transparency and open government.
Overall, Labour's proposed constitutional amendments have been far-reaching, meeting the demands of reformers and marking important changes in the democratic system. However, criticisms of the questionable dealings and lack of real desire to make Parliament more competitive have overshadowed these changes. Despite this, Tony Blair announced that he had completed three of Keir Hardie's historic achievements for a Labour government, including the minimum wage, devolution, and the abolition of hereditary peers.
Below is a list of sources related to constitutional and administrative law in the United Kingdom. These sources cover various topics and offer insights into the ongoing reforms and changes in the British Constitution.
1. Bradley A.W. & Ewing K.D., CONSTITUTIONAL AND ADMINISTRATIVE LAW (2003) provides a detailed analysis of the UK Constitution and administrative law.
2. Ibid. (refers to the same source as above) on pages 79 and 88.
3. Bradley & Ewing, CONSTITUTIONAL AND ADMINISTRATIVE LAW (2002) offers an earlier edition of the same work.
4. Oliver D., CONSTITUTIONAL REFORM IN UK. (2003) explores the changes happening in the UK's Constitution.
5. Scotland and Wales Act (1997) focuses on the legal status and constitutional arrangements of Scotland and Wales.
6. The gov. of Wales Act (1998) lays out the framework for governing Wales.
7. The source on pages 171-201 (1999) is not specified.
8. Ibid (refers to the same source as above).
9. The Freedom of lnformation Act (2000) allows access to information held by public authorities.
10. Referendums Act (2000) deals with the procedures for conducting referendums.
11. W. Bagehot's THE ENGLISH CONSTITUTION, 5 (1974, ed. 2^(nd)) is a classic work on the UK Constitution.
12. Griffith JAG, The brave new world of Sir John Laws (Mod. Law Rev. 63:159-76, 2000) discusses the influence of Sir John Laws on UK constitutional law.
13. M. Evans Charter 88: A Successful Challenge to the British Political Tradition? (1995) examines the impact of Charter 88, a campaign for constitutional reform.
14. M. Evans, Constitution-Making and the Labour Party (2003) discusses the role of the British Labour Party in constitutional reform.
15. V. Bogdanor, Constitutional Reform, In the Blair Effect: The Blair government p. 139-56 (1997-2001, ed. A Seldon) analyzes the impact of the Blair government on constitutional reform.
16. Supra (refers to the source immediately above).
17. Birch AH, Representative and Responsible Government (1964) is an influential work on British democracy.
18. J. Jowell, D. Oliver, The Changing Constitution, Oxford, U.K: Oxford Univ. Press (2000, ed. 4^(th)) offers an analysis of the changes in the UK Constitution in recent years.
19. N. Johnson, Reshaping the British Constitution: Essays in Political Interpretation (2004) explores the different ways in which the UK Constitution is changing.
20. Supra (refers to the source immediately above).
21. Ibid (refers to the same source as above).
22. Tocquevillle, (1835), pt. 1, ch.6, p.169 is a classic work on democracy and politics.
23. Griffith JAG, The Politics of the Judiciary (1997, ed. 5th) explores the role of the judiciary in the UK's political system.
24. Hennessyy (1995), p.184 is not specified.