UK Constitution To Reform or Not?

Objectives Why have several countries revised or rewritten their constitutions? Why did many academics and commentators think that the Constitution should be reformed? What measures of reform have the Labour Government introduced?

Why Change? Solemn and binding documents that are to meant to last Yet many undergo fundamental change – Swiss example Purpose often to reinvigorate a fresh start or simply bring formal documents up to date

The Case for Reform… Flexibility of constitution whilst in past had been an asset had now become outdated Political system failing in producing effective legislation Rise of nationalism Economics General political discontent The emergence of the European Union and signing up to its various directives (Human Rights Act etc) meant that the traditional doctrine of Parliamentary Sovereignty was under threat Government becoming too centralised Rise of Quangos Personal style of ruling Erosion of cabinet, civil service power and citizens rights

For and Against Charter 88 (Written Con / democratic second chamber / independent judiciary) Dominance of Conservative Rule (issues of centralisation / accountability / human rights) Norton – ‘Strengthen, not destroy’ Conservatives saw little need or scope to change Feared the ‘radical changes’ that might ‘endanger whole constitutional balance’ No need to tamper with something that has grown well and organically for centuries

Government Action since 1997 Removal of Hereditary Peers Devolution Human Rights Act Freedom of Information Greater London Assembly and Mayor PR for elections to devolved bodies in UK Modernisation of the House of Commons Constitutional Reform Act (2005) Changes in relations between the executive and the Judiciary - Creation of New Supreme Court