11.2 Major constitutional reforms since 1997
5 min read•august 16, 2024
The UK underwent significant constitutional changes after 1997. Labour governments introduced reforms like the Human Rights Act, , 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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- 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
- 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
- created with extensive devolved powers (healthcare, education)
- established (now Senedd Cymru) with more limited initial powers
- re-established as part of Good Friday Agreement
- 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
- 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
- established
- Separated highest court from House of Lords
- Reformed role of , removing judicial functions
- Created to oversee judicial appointments
- and subsequent Brexit legislation changed UK-EU relationship
- Repealed , ending supremacy of EU law in UK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 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
- UK-wide legislation must consider competencies of devolved institutions
- 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
- 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 (, 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 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"
- 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 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
- 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
Key Terms to Review (28)
2014 referendum: The 2014 referendum was a significant public vote held in Scotland on September 18, 2014, to decide whether Scotland should become an independent country or remain part of the United Kingdom. The referendum was a culmination of a long-standing debate about Scottish independence and followed the devolution process that began in the late 1990s, highlighting the changing dynamics of power within the UK and the relationship between its constituent nations.
Asymmetrical Devolution: Asymmetrical devolution refers to the uneven distribution of powers among different regions or countries within a state, where some regions have greater autonomy than others. This concept is particularly significant in the UK, where Scotland, Wales, and Northern Ireland have been granted varying degrees of legislative power, leading to distinct political identities and governance structures. This uneven approach has implications for local and central government relationships, the dynamics between devolved governments and Westminster, and the ongoing constitutional reforms that have shaped governance since 1997.
British Bill of Rights: The British Bill of Rights, enacted in 1689, is a landmark document that established fundamental rights and liberties for individuals while limiting the powers of the monarchy. It emerged from the Glorious Revolution and set forth principles such as parliamentary sovereignty, the right to free elections, and the prohibition of cruel and unusual punishments. This document has shaped the framework of modern British constitutional law and has influenced major constitutional reforms since 1997.
Constitutional Reform Act 2005: The Constitutional Reform Act 2005 is a key piece of legislation that restructured the judiciary of the United Kingdom, establishing the Supreme Court and enhancing judicial independence. This act marked a significant shift in the balance of power within the UK's constitution, highlighting the importance of an independent judiciary and its role in maintaining the rule of law and parliamentary sovereignty.
Devolution: Devolution refers to the transfer of powers and responsibilities from a central government to local or regional governments. This process has reshaped governance in various parts of the UK, allowing for greater autonomy and self-governance, impacting political dynamics and public policy across the regions.
ECHR: The European Convention on Human Rights (ECHR) is an international treaty that aims to protect human rights and fundamental freedoms in Europe. It establishes a system for individuals to seek justice if they believe their rights, as outlined in the convention, have been violated by a member state. The ECHR plays a crucial role in shaping human rights law within the UK, especially after the incorporation of its principles into domestic law through the Human Rights Act 1998, influencing significant constitutional changes and reforms.
European Communities Act 1972: The European Communities Act 1972 is a significant piece of legislation that facilitated the United Kingdom's entry into the European Economic Community (EEC), which later evolved into the European Union (EU). This act integrated EU law into UK law, establishing a framework for the relationship between the UK and European institutions, while impacting the structure of Parliament, the rule of law, and parliamentary sovereignty.
European Union (Withdrawal) Act 2018: The European Union (Withdrawal) Act 2018 is a key piece of legislation in the UK that outlines the process for the UK to leave the European Union, including the repeal of the European Communities Act 1972 and the transposition of EU law into UK law. This act is significant as it sets the framework for how Brexit would be implemented and has major implications for the legal system, constitutional order, and future relationship between the UK and the EU.
Fixed-Term Parliaments Act 2011: The Fixed-Term Parliaments Act 2011 is a UK law that established a system of regular five-year intervals between general elections, thereby removing the power of the Prime Minister to call early elections at will. This act aimed to provide greater stability in government and reduce the potential for political manipulation related to election timing.
Freedom of Information Act 2000: The Freedom of Information Act 2000 is a UK law that grants the public the right to access information held by public authorities. This act marked a significant reform in transparency and accountability, allowing individuals to request information and requiring public bodies to publish certain information proactively.
Government of Wales Act 1998: The Government of Wales Act 1998 was a key piece of legislation that established a devolved Welsh Assembly, granting it powers to legislate on various local matters. This act marked a significant step in the process of devolution in the UK, allowing Wales to have its own government structure and functions while still being part of the broader UK political framework.
House of Lords Act 1999: The House of Lords Act 1999 is a significant piece of legislation that reformed the membership structure of the House of Lords by removing the automatic right of hereditary peers to sit and vote in the chamber. This reform aimed to modernize the House of Lords, making it more democratic and accountable by drastically reducing the number of hereditary peers from over 700 to just 92, who were allowed to remain as elected representatives among their ranks. The act was a key part of broader constitutional reforms initiated in the UK after 1997.
Human Rights Act 1998: The Human Rights Act 1998 is a piece of legislation in the United Kingdom that incorporates the rights contained in the European Convention on Human Rights (ECHR) into UK law. This act allows individuals to seek justice in UK courts for breaches of their rights as outlined in the ECHR, thereby enhancing the protection of civil liberties and individual rights within the framework of the UK's constitution.
Joint ministerial committee: A joint ministerial committee is a forum where ministers from the UK government and devolved administrations meet to discuss and coordinate on matters of shared interest and policy. This committee plays a crucial role in managing the relationship between Westminster and the devolved governments, especially in light of the constitutional changes brought about by devolution. It reflects the ongoing negotiations and cooperation necessary to address the complexities that arise from having multiple governing bodies within the UK.
Judicial Appointments Commission: The Judicial Appointments Commission (JAC) is an independent body in the UK responsible for selecting candidates for judicial positions in the courts and tribunals. It was established to ensure a more transparent and merit-based process in appointing judges, reflecting a significant shift towards professionalization and accountability within the judiciary.
Lord Chancellor: The Lord Chancellor is a high-ranking official in the UK government, traditionally serving as the head of the judiciary and a key member of the Cabinet. This role has undergone significant changes, especially following constitutional reforms that have redefined the relationship between the judiciary and the executive, particularly since 1997. The Lord Chancellor is now responsible for judicial appointments and ensuring the independence of the judiciary, reflecting a shift towards a more separated system of powers within the UK.
Northern Ireland Act 1998: The Northern Ireland Act 1998 is a significant piece of legislation that established devolved government in Northern Ireland, creating the Northern Ireland Assembly and transferring certain powers from the UK Parliament to this local body. This Act was a crucial step in the peace process, as it aimed to address the longstanding political conflict known as 'The Troubles' by providing a framework for self-governance and cooperation among different communities in Northern Ireland.
Northern Ireland Assembly: The Northern Ireland Assembly is a devolved legislature established to govern Northern Ireland, functioning since its creation in 1998 under the Good Friday Agreement. It plays a key role in the region's political framework, allowing local representatives to make decisions on various issues while maintaining a relationship with Westminster.
Parliamentary Sovereignty: Parliamentary sovereignty is a fundamental principle of the UK constitution that establishes Parliament as the supreme legal authority, with the ability to create or repeal any law without being subject to legal limitations. This means that no other body, including the judiciary, can challenge or invalidate legislation passed by Parliament.
Quasi-federal system: A quasi-federal system is a form of governance that combines elements of both federalism and unitary government, where power is shared between central and regional authorities but with significant control retained by the central government. This system allows for varying degrees of autonomy for sub-national entities while maintaining overarching authority from the national government, often seen in states that have undergone constitutional reforms aimed at decentralization.
Scotland Act 1998: The Scotland Act 1998 is a key piece of legislation that established the devolved Scottish Parliament and transferred a range of powers from the UK Parliament to Scotland. This act marked a significant step in the devolution of powers within the UK, allowing Scotland to have greater control over its own affairs and shaping the relationship between the Scottish government and Westminster.
Scottish independence: Scottish independence refers to the political movement and desire for Scotland to become a sovereign nation, separate from the United Kingdom. This aspiration has gained momentum particularly since the late 20th century, leading to significant constitutional reforms and discussions about further devolution of powers, especially after the 2014 referendum where the majority chose to remain part of the UK.
Scottish Parliament: The Scottish Parliament is a devolved legislature established in 1999 that represents the interests of the people of Scotland and has the authority to legislate on a range of domestic issues. It plays a crucial role in the governance of Scotland, working alongside the UK Parliament at Westminster, and highlights the complexities of devolution in the UK.
Separation of powers: Separation of powers is a governance model that divides the responsibilities and powers of government into distinct branches to prevent any one branch from exerting too much power. This principle helps maintain a system of checks and balances, ensuring that each branch—legislative, executive, and judicial—operates independently while also holding one another accountable.
Sewel Convention: The Sewel Convention is an important constitutional principle in the UK that dictates the UK Parliament will not normally legislate on devolved matters without the consent of the devolved legislature. This convention underpins the relationship between Westminster and the devolved governments, ensuring respect for their legislative powers. Its significance has grown with the expansion of devolution, impacting how laws are made and how power is distributed across the UK.
Strasbourg Jurisprudence: Strasbourg jurisprudence refers to the body of law and legal principles established by the European Court of Human Rights (ECHR), which is located in Strasbourg, France. This jurisprudence plays a crucial role in interpreting and applying the European Convention on Human Rights (ECHR), influencing the domestic laws of member states, including the UK, particularly following significant constitutional reforms that aimed to enhance human rights protections.
Supreme Court of the United Kingdom: The Supreme Court of the United Kingdom is the highest court in the country, established in 2009, which serves as the final court of appeal in civil and criminal cases. It was created to take over the judicial functions of the House of Lords and plays a crucial role in interpreting laws, protecting rights, and ensuring justice across the UK. This court's establishment marked a significant constitutional reform aimed at enhancing the independence of the judiciary.
Welsh Assembly: The Welsh Assembly, officially known as the Senedd, is the devolved legislature of Wales, responsible for making decisions on a range of domestic issues such as health, education, and local government. Established in 1999, it symbolizes the impact of devolution on the UK constitution, enhancing the governance and representation of Welsh interests while altering the relationship between the UK Parliament and its constituent nations.