Changing how the country is run which can take variety of forms
Some changes have small impacts on the constitution whereas others have large impacta
We change it because attitudes change like the extension of the vote in 1832 due to industrialisation
Factors for constitutional reform
Devolution - are powers sufficient?
Fairness of the electoral system - should we move to Pr?
Reform the HOL - should this be democratised?
Regional and local gov - should their powers be increased?
How is the constitution reformed?
Acts of parliament can alter the constitution
The parliament standards act 2009 is an act of parliament after the expenses scandal
Referendums - the people decide on law like Brexit or the Alternative vote referendum 2011
New Labours constitutional reform 1997-2010
The manifesto offered:
Modernisation - institutions were outdated
Democratisation - electoral reform
Decentralisation - devolves power from the central powers
Rights - safeguarding and strengthening the rights of citizens
They also wanted reforms like:
A codified constitution
Elected upper chamber
Pr system
State funding of political parties
Reform of the monarch
A lot of these weren't met and there was a lot of unfinished projects
New Labour constitutional reform - Devolution
Asymmetric Devolution - form of devolution where political arrangements aren't uniform but differ from region to region
In 1998 power was devolved to new institutions in Scotland, Wales and Northern Ireland
Human rights act 1998
HRA is incorporated from the European convention of human rights into UK law
This is so they can be used in the justice system
HRA requires the British gov to ensure that legislation is compatible with the ECHR and all bills were reviewed
ECHR can't overturn legislation that isn't compatible with the HR
Parliamentary Reform
Abolished the right of all but 92hereditary peers to sit and vote in the upper house
This was intended as the first stage of the reform
The HOL now consists of life peers and no political party is involved in it
Coalition Government 2010-2015
Fixed term Parliament Act 2011:
Established a pattern of fixed general elections every 5 years starting in 2015.
This was to stop the prime minister from calling a general election at an advantageous time in the polls
But in 2017 and 2019 general elections were held which is decided by a vote
And in 2022 this was appealed and the royal perogative is in use again
Strengths of the fixed term parliament Act
Allowed both parties in the coalition government to work and implement the policies they both want with enough time
This stability was needed for economic growth
This act allows younger politicians in parliament to gain experience
Weaknesses of the fixed term Parliament Act
Act provided as stability for the coalition government which means it might've been unstable to start with
You could argue that it failed to play it's role in long governments
Johnson removed the act in 2022 with a vote of 438 to 20
Scotland Act 2012
Act gave the Scottish government the power to vary income tax by 10p up or down in the pound
Also it devolved powers regarding the Scottish government controlling and regulations drugs
Also the Scottish government could borrow £2.2 billion per annum
Protection of Freedom Act 2012
There was an avalanche of control measures designed to meet the threat poses by 9/11
Act offered citizens greater protection from the state and putting in proper scrutiny of the security services
Conservatives Constitutional Reform 2015 - ????
Brexit was possibly the largest piece of legislation in decades
EU law won't be a source for the British constitution
Thought existing law was enshrined, it can now be appealed
UK citizens won't vote in EU elections or be represented by MEPs
Devolution Conservatives
Scotland Act 2016 act gave the Scottish government more financial control
Wales Act 2017 have the Welsh greater tax powers like the ability to raise or lower income tax
English votes for English laws
This policy was introduced after the west-lothian question
Questioned why Scottish, Welsh and Northern Irish MPs get a vote on laws only concerning England
The policy worked like: speaker judges part of the bill that relates to England, Scotland and Wales. The England only committee and membership of this committee reflects the number of MPs each party had in England
However in 2021 English MPs scrapped the system that gave English MPs the power to Veto laws affecting only England