Overview
This lecture covers major constitutional changes in the UK since 1997, examining New Labour, Coalition, and post-2015 reforms, as well as debates over further reforms such as codification and entrenchment. Key examples, arguments for and against reforms, and likely exam questions are discussed.
Specification & Essay Questions
- Focus on constitutional changes since 1997, including debates on further reform and codification.
- Likely essay questions: Should the UK Constitution be codified and entrenched? Is the UK Constitution fit for purpose? Have reforms since 1997 improved the system? Have reforms since 2010 had major impact?
New Labour Constitutional Reforms (1997–2010)
- Four principles: democratization, decentralization, restoration of rights, modernization.
- House of Lords Act 1999 removed most hereditary peers, but full reform to an elected chamber stalled.
- Human Rights Act 1998 incorporated ECHR rights into UK law, creating a rights-based culture but could be repealed easily.
- Electoral reform introduced proportional electoral systems for devolved bodies, but not for Westminster.
- Devolution established Scottish Parliament, Welsh Assembly, Northern Ireland Assembly, and Greater London Authority.
- Supreme Court created by Constitutional Reform Act 2005, enhancing separation of powers.
- Freedom of Information Act increased transparency; minor House of Commons reforms made Parliament more accessible.
Coalition & Post-2015 Reforms
- Fixed-term Parliaments Act 2011 set regular election cycles but has since been repealed.
- Welsh devolution enhanced post-2011, granting primary legislative powers.
- Scotland Act 2016 devolved major fiscal powers to Scotland post-independence referendum.
- Brexit significantly restored Parliamentary sovereignty and changed UK-EU relations.
- Recall of MPs Act 2015 allowed constituents to remove MPs under certain conditions.
- English Votes for English Laws (EVEL) sought to address West Lothian question, later scrapped.
- Section 35 of Scotland Act used in 2023 to block Scottish gender reform, affirming UK sovereignty.
Codification & Entrenchment Debate
- Codification would mean a single written constitution, entrenched against easy change.
- Arguments for: clearer separation of powers, public engagement, stronger protection of rights, less political abuse.
- Arguments against: loss of flexibility, easier response to emergencies, strong government, effective conventions, risk of judicial overreach, codification process complexity.
Key Terms & Definitions
- Devolution — Transfer of powers from UK Parliament to Scotland, Wales, Northern Ireland, and London.
- Codification — Writing the constitution into a single, formal document.
- Entrenchment — Making constitutional laws harder to amend than ordinary laws.
- Human Rights Act 1998 — Incorporated European Convention on Human Rights into UK law.
- Supreme Court (UK) — Highest court, separate from Parliament, created in 2005.
- Fixed-term Parliaments Act — Required regular, scheduled elections (now repealed).
- Section 35 (Scotland Act) — Allows UK government to block devolved Scottish laws in specific circumstances.
Action Items / Next Steps
- Review key reforms and arguments for and against codification.
- Prepare essay plans for likely exam questions on UK constitutional reform.
- Read/watch supplementary materials on electoral systems, devolution, and rights if more detail is needed.