rebecca- constitutional reform under new labour

• MOTIVATIONS FOR REFORM

  Modernisation: institutions such as Parliament, the executive and the civil service were using outdated and inefficient procedures that demanded reform. 

  Democratisation: greater participation in the political process was needed. 

  Decentralisation: decision making would be devolved to institutions in Scotland and Wales, with the role of local government also being enhanced. 

  Rights: enhanced rights for citizens was needed.
• Parliamentary reform:

  • all but 92 hereditary peers were removed from the Lords
  • there were limited reforms to the workings of the Commons.
  • Viewed as superficial
  • Chairs of select committees to be elected by backbenchers 
  • Backbench business committees were to determine the business of the Commons once a week
  • Introduction of a petitions committee to pick e-petitions to discuss 
• DEVOLUTION- directly elected mayors of London


  • London was first to elect a mayor in 2000 after the referendum in 1998- 72% of the 34% turnout voted for a mayor. 

  However, legislation ensured that neither the mayor nor the assembly would enjoy a hugely significant amount of political power. The elected assembly of 25 members have the power to veto the decisions of the mayor with a ⅔ majority.
• DEVOLUTION- elected mayors in some English authorities 2000 onwards


  • There are now 24 directly elected mayors.
  • Interestingly, the mayors of Leicester and Liverpool were created without an election
  • The turnout for places like Manchester was 29%- which is quite high when compared to the 15% turnout for other devolved powers such as the Police and Crime Commissioners elections.
• DEVOLUTION- scottish parliament with primary legislative and tax-raising powers


  • Referendum in 1997
  • With the Scottish executive, the Scottish Parliament has sole responsibility for policy issues such as education, health & local government. 
  • The leader of the Scottish Parliament (and the SNP) is Humza Yousaf
• DEVOLUTION- Northern Irish Assembly with primary and secondary legislative powers


  • Good friday agreement, 1998
  • The NI Assembly has similar powers to the Scottish Government, but it doesn’t have tax-varying powers.
  • Special procedures were introduced in the Assembly to ensure cross-community support; an example of this is a power-sharing executive.
  • The leader of the Welsh Government is Michelle O’Niell.
• DEVOLUTION- Welsh Assembly with secondary legislative powers 


  • Referendum 1997
  • The Welsh government can ‘fill in the details' of and implement legislation passed by Westminster but only in education & health. 
  • The leader of Welsh Government is Mark Drakeford, but he is soon to be replaced
• DEVOLUTION- asymmetric devolution

  Devolution in the UK created a system of asymmetric devolution because each country was given varying legislative powers. These changes did not make the UK a federal system like the US, but rather a ‘quasi-federal’ system.
• DEVOLUTION- quasi-federalism

  Quasi-federalism is where the central government devolves some of its powers to subnational governments. In legal theory, there is one supreme legal authority located at the centre, as in a unitary state; in the UK this would be Westminster. In practice though, this causes problems as the centre government no longer makes domestic policy for the whole state. Therefore, it would be difficult politically for the centre to overrule decisions made by the devolved body.  
• DEVOLUTION- west lothian question & entrenchment

  Devolution has brought the West-Lothian Question into sharp focus. 

  Devolution arrangements in the UK are unentrenched, however it is argued that because devolution was approved by referendums, it is essentially entrenched. As was stated in the Scotland Act, 2016, a referendum has to be held to remove Scotland’s devolved powers. Again, this leads to some belief that devolution is kind of semi-entrenched: this is quasi-federalism. 
• Electoral Reform:

  • New electoral system for devolved assemblies 
  • New electoral system for European Parliament 
  • New electoral system for elected Mayors

  The 1998 Jenkins Report on the voting system (product of an independent commission), had recommended that FPTP should be replaced by a hybrid system of AV and Party List. Despite establishing the independent commission, Labour failed to act on this recommendation. No changes were made to the electoral system used in Westminster.
• JUDICAL REFORM-Constitutional Reform Act, 2005


  • Increased the separation of powers between government, the legislative branch and the judiciary
  • Improved the independence of the judiciary
  • Eliminated the ambiguity of the role of Lord Chancellor 

  In the past, the Chancellor had been a cabinet member and senior member of the governing party, AND head of the judiciary, AND presided over the proceedings in the house of Lords.

  • Brought Britain in line with modern constitutional practice.
• JUDICAL REFORM- new supreme court, 2009

  • Previously the highest court of appeal had been the HoL, meeting as a court not a part of Parliament. 
  • it was not appropriate that the senior ‘Law Lords’ should also be part of the legislature, and so it was decided that law and politics should be completely separate to safeguard the rule of law. ‘Law Lords’ were taken out of the HoL and put into the Supreme Court
  • A Judicial Appointments Committee was set up to ensure that all candidates were suitable. After this the government had the final say on who was to become a Senior Judge.