Evaluating post-1997 constitutional changes

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Modernisation of political institutions

Successes

  • The HOL has undergone a substantial transformation since 1997. It is smaller, more diverse and far less Conservative-dominated, and it is now easier to remove peers for misconduct or non-attendance.
  • The creation of the SC has enabled a clear separation between the executive and judiciary and given it a sense of corporate identity and a higher public profile. It has remained politically neutral and apolitical, unlike its US counterpart.

Failures

  • Reform of the HOL remains incomplete and unfinished. Attempts to build upon the 1998 measure, most notably in 201, have come to nothing. The UK remains virtually unique in the democratic world in having entirely unelected chamber.
  • The creation of an independent SC has arguably led to too much power residing with unelected and unaccountable justices and has therefore undermined parliament.
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Democratisation

Successes

  • There is greater autonomy in some larger cities, and the post of Mayor of London has attracted high-profile incumbents ➪ E.G. such as Sadiq Khan and Boris Johnson. Several other cities have also embraced the idea ➪ E.G. with prominent Labour politician Andy Burnham elected as Mayor of Greater Manchester in 2017.
  • The reform of European Parliament elections has over the years enabled a greater variety of parties to be represented ➪ E.G. including UKIP, along with proportionately more Greens and LibDems
  • The direct election of police and crime commissioners (PCCs) has also enhanced opportunities for political participation and local democracy.

Failure

  • However where referendums have been held on whether or not to establish mayoral elections, the majority of cities have rejected the proposal ➪ E.G. In 2016, Torbay even voted to get rid of the position of elected mayor having approved it in 2005.
  • Lack of enthusiasm fro reform of the voting system fro national elections ➪ E.G. shown by the outcome of the 2011 AV referendum with a 42% turnout.
  • The provisions of the FTPA were easily overcome  ➪ E.G. in both 2017 and 2019 to bring about early GEs.
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Human rights

Successes

  • The renewed emphasis on and landmark legislation in the area of human rights has increased awareness and visibility of rights, especially those of minority groups ➪ E.G. same-sex marriage was legalised in 2014.
  • Laws concerning privacy and access to information have also enhanced the rights of everyone and made public bodies and other powerful institutions such as employers more accountable and responsible for the infomration they hold ➪ E.G. Freedom of Information Act 2000 E.G. the infamous MP's expenses scandal 2009.
  • The important role of the SC in interpreting this legislation has increased protection of citizens' rights ➪ E.G. Iran (HT) Cameroon (HJ) v Home Secretary - couldn't be deported because otherwise would be persecuted for sexual orientation.

Failures

  • The growing role of the courts in human rights cases has led to much controversy ➪ E.G. when the SC ruled aspects of anti-terror legislation, such as the freezing of the assets of suspected terrorists in 2010, incompatible with the HRA1998.
  • With regard to the FIA 2010 many requests for information are declined for various reasons ➪ E.G. on the grounds on national security or commercial confidentiality.
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Devolution

Successes

  • Devolution has worked well especially in Scotland and Wales, and the number of powers devolved has increased. 
  • Popular support for devolution has also increased ➪ E.G. originally in 1997 Wales backed the plan by the slimmest of margins, another vote in 2011 to expand law-making powers was backed by 63.5% of voters.
  • Some argue that it was only a devolved parliament that stopped Scotland backing full seperation from the UK in the 2014 independence referendum.
  • In NI, the devolution process, although more problematic, has helped to end the violent period known as 'the Troubles'. 

Failure

  • Devolution has not succeeded everywhere. In NI policy disagreements and a scandal over a failed renewable energy scheme led to the Assembly being suspended between Jan 2017 and Jan 2020.
  • Support for devolution in England itself has not increased E.G. a 2004 proposal to create a North East regional assembly was emphatically rejected by 78% of voters.
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