11.2 Major constitutional reforms since 1997

The UK underwent significant constitutional changes after 1997. Labour governments introduced reforms like the Human Rights Act, devolution, and House of Lords reform. These shifts reshaped the balance of power between institutions and nations within the UK.

These reforms modernized the UK's uncodified constitution. They strengthened human rights protections, increased government transparency, and created new centers of power in Scotland, Wales, and Northern Ireland. The changes continue to impact UK politics and governance today.

Constitutional Reforms Since 1997

Human Rights and Information Access

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• Human Rights Act 1998 incorporated European Convention on Human Rights into UK domestic law
  • Enhanced protection of civil liberties and fundamental rights
  • Allowed individuals to enforce rights in UK courts
  • Required courts to interpret legislation compatibly with Convention rights
• Freedom of Information Act 2000 introduced statutory right to access information held by public authorities
  • Promoted government transparency and accountability
  • Enabled citizens to request information from various public bodies (local councils, NHS trusts)
  • Set time limits for authorities to respond to information requests (usually 20 working days)

Devolution and Legislative Changes

• Devolution legislation established governments in Scotland, Wales, and Northern Ireland
  • Scotland Act 1998 created Scottish Parliament with extensive devolved powers (healthcare, education)
  • Government of Wales Act 1998 established Welsh Assembly (now Senedd Cymru) with more limited initial powers
  • Northern Ireland Act 1998 re-established Northern Ireland Assembly as part of Good Friday Agreement
• House of Lords Act 1999 removed majority of hereditary peers from upper chamber
  • Reduced number of hereditary peers from over 700 to 92
  • Increased proportion of life peers appointed based on merit or political service
• Fixed-term Parliaments Act 2011 set five-year terms for general elections
  • Removed Prime Minister's traditional power to call elections at will
  • Required two-thirds majority in House of Commons to trigger early election

Constitutional Reform Act and Brexit

• Constitutional Reform Act 2005 established Supreme Court of the United Kingdom
  • Separated highest court from House of Lords
  • Reformed role of Lord Chancellor, removing judicial functions
  • Created Judicial Appointments Commission to oversee judicial appointments
• European Union (Withdrawal) Act 2018 and subsequent Brexit legislation changed UK-EU relationship
  • Repealed European Communities Act 1972, ending supremacy of EU law in UK
  • Incorporated existing EU law into UK domestic law to ensure legal continuity
  • Established new constitutional arrangements for future UK-EU relations (trade, security)

Devolution's Impact on Power Distribution

Quasi-Federal System and Asymmetrical Devolution

• Created quasi-federal system with powers transferred to devolved legislatures
  • Scottish Parliament gained extensive powers (taxation, welfare, justice system)
  • Welsh Assembly (Senedd Cymru) received gradually increasing powers over time
  • Northern Ireland Assembly obtained devolved powers subject to power-sharing agreement
• Asymmetrical nature led to varying levels of autonomy among devolved nations
  • Scotland has most extensive devolved powers (ability to set income tax rates)
  • Wales initially had secondary legislative powers, later gaining primary law-making authority
  • Northern Ireland's devolution subject to unique power-sharing arrangements

Challenges to Traditional Governance

• Introduced new centers of democratic representation and accountability
  • Devolved elections allow for different political parties to govern at national and devolved levels
  • Created multiple layers of government responsibility (local, devolved, national)
• Tested principle of parliamentary sovereignty
  • UK-wide legislation must consider competencies of devolved institutions
  • Sewel Convention established that UK Parliament would not normally legislate on devolved matters without consent
• Led to policy divergence in devolved areas
  • Different approaches to education (no tuition fees in Scotland)
  • Varied healthcare policies (free prescriptions in Wales and Scotland)

Intergovernmental Relations and Future Implications

• Established intergovernmental bodies to manage relationships
  • Joint Ministerial Committee coordinates between UK government and devolved administrations
  • Created need for new mechanisms of dispute resolution between governments
• Raised questions about future of the union
  • Increased calls for Scottish independence (2014 referendum, ongoing debate)
  • Discussions about further devolution or potential independence for Wales
  • Debates on Northern Ireland's status, particularly post-Brexit

Human Rights Act and the ECHR

Incorporation and Judicial Impact

• Human Rights Act 1998 allowed enforcement of ECHR rights in UK courts
  • Eliminated need for individuals to go to European Court of Human Rights in Strasbourg
  • Reduced time and cost for human rights cases
• Introduced duty for UK courts to interpret legislation compatibly with Convention rights
  • Courts must read and give effect to legislation in a way compatible with ECHR rights
  • Led to development of new legal principles and interpretations (privacy law)
• Empowered higher courts to issue declarations of incompatibility
  • Courts can declare primary legislation incompatible with Convention rights
  • Does not invalidate the law but puts pressure on Parliament to amend legislation

Public Authorities and Parliamentary Scrutiny

• Required public authorities to act in compliance with Convention rights
  • Extended human rights protections to wide range of bodies (police, local councils, some private companies performing public functions)
  • Created new legal obligations and considerations for public sector decision-making
• Increased pre-legislative human rights scrutiny in Parliament
  • Joint Committee on Human Rights examines bills for human rights compliance
  • Ministers must make statements on a bill's compatibility with Convention rights

UK-ECHR Relationship and Future Debates

• Evolved relationship between UK judiciary and European Court of Human Rights
  • UK courts required to "take into account" Strasbourg jurisprudence
  • Led to dialogue between UK courts and Strasbourg, influencing development of human rights law
• Sparked debates about future of Human Rights Act and UK's relationship with ECHR
  • Proposals for a British Bill of Rights to replace Human Rights Act
  • Discussions about potential withdrawal from European Convention on Human Rights

Constitutional Reform Act and the Judiciary

Establishment of Supreme Court

• Created Supreme Court of the United Kingdom, separating it from House of Lords
  • Physically moved highest court to new building across from Parliament
  • Enhanced visible independence of judiciary from legislature
• Reinforced principle of separation of powers
  • Clarified distinction between judicial, legislative, and executive branches
  • Increased public understanding of court's role in constitutional matters

Reforms to Judicial Appointments and Independence

• Established Judicial Appointments Commission to oversee judicial selections
  • Reduced executive's role in appointing judges
  • Aimed to promote transparency and diversity in judicial appointments
• Introduced statutory duty on ministers to uphold judicial independence
  • Strengthened constitutional protection of judiciary from political interference
  • Required government to respect and maintain independence of courts

Changes to Lord Chancellor's Role and Judicial Administration

• Reformed office of Lord Chancellor
  • Removed judicial functions from role
  • Transferred responsibilities to Lord Chief Justice and new President of Courts of England and Wales
• Led to increased public visibility of highest court's decisions
  • Greater media coverage of Supreme Court cases (Brexit-related judgments)
  • Enhanced public engagement with constitutional issues through court's outreach programs