Constitutional Change From 1997 - 2010 (Labour)
House of Lords Act 1999: This act removed the right of all but 92 hereditary peers to sit and vote in the upper house. It transformed the Lords into a primarily appointed chamber, which increased its perceived legitimacy and willingness to challenge the government.
Human Rights Act 1998: This legislation incorporated the European Convention on Human Rights (ECHR) into UK law. It allows citizens to seek redress for rights violations in domestic courts rather than having to go to the European Court of Human Rights in Strasbourg.
Constitutional Reform Act 2005: This act established the UK Supreme Court, physically and legally separating the highest court from the House of Lords. It also reformed the role of the Lord Chancellor, who previously held positions in all three branches of government.
| Feature | Devolution | Federalism |
|---|---|---|
| Source of Power | Granted by the central Parliament | Defined by a written constitution |
| Sovereignty | Remains with the central state | Shared between central and regional states |
| Reversibility | Theoretically reversible by Parliament | Requires constitutional amendment |
| Symmetry | Often asymmetric (different powers for different regions) | Usually symmetric (all states have equal power) |
Asymmetric Devolution: In the UK, different regions received different levels of power. For example, the Scottish Parliament was granted primary legislative and tax-varying powers, while the Welsh Assembly initially had only secondary legislative powers.
The West Lothian Question: This is a conceptual dilemma arising from devolution where Scottish, Welsh, or Northern Irish MPs can vote on matters affecting only England, while English MPs cannot vote on those same matters in devolved regions.
Analyze the 'Unfinished' Nature: When discussing these reforms, always evaluate whether they went far enough. For instance, the House of Lords reform is often described as 'stage one' because it removed hereditary peers but did not create a fully elected chamber.
Evaluate Impact on Sovereignty: Be prepared to argue how reforms like the Human Rights Act challenge parliamentary sovereignty. While courts cannot strike down laws, their 'declarations of incompatibility' put immense political pressure on Parliament to change the law.
Check for Interconnectivity: Recognize how one reform necessitates another. For example, devolution created a need for a Supreme Court to adjudicate legal disputes between the central government and devolved administrations.
The Supreme Court vs. EU: A common mistake is confusing the UK Supreme Court with the European Court of Justice or the European Court of Human Rights. The Supreme Court is the final court of appeal for UK domestic law and is entirely separate from European institutions.
Codification Misconception: Students often assume that because there were many new laws, the UK constitution became 'codified.' In reality, it remains uncodified because these laws are not collected in a single document and do not have higher legal status than other acts.
Hereditary Peers: Do not claim that all hereditary peers were removed in 1999. Exactly 92 were allowed to remain as a compromise to ensure the bill passed through the House of Lords.