Changes to the Constitution since 1997

The United Kingdom's constitution is characterised as uncodified, flexible, and evolutionary. Since 1997, a series of significant reforms have been introduced, reshaping the relationship between the individual and the state and altering the balance of power within the UK political system. This section explores the major constitutional changes enacted by successive governments since 1997, focusing on key reforms under Labour (1997–2010), the Coalition (2010–15), and subsequent governments.

Constitutional Changes under Labour (1997–2010)

The Labour governments led by Tony Blair and Gordon Brown initiated an ambitious programme of constitutional reform, aiming to modernise British politics, improve democracy, and enhance individual rights.

House of Lords Reform

The 1999 House of Lords Act dramatically reduced the number of hereditary peers permitted to sit and vote in the House of Lords from over 700 to 92. This reform aimed to make the upper chamber more meritocratic and representative, though it stopped short of introducing a wholly or partially elected chamber. The act was seen as a first step towards more comprehensive reform, but further changes were largely stalled until the House of Lords (Hereditary Peers) Bill 2024–25, which seeks to remove the remaining 92 hereditary peers.

Electoral Reform

While the Westminster electoral system (First Past the Post) was retained, Labour introduced significant changes to voting systems for devolved institutions and other elected offices:

• The Additional Member System (AMS) was adopted for elections to the Scottish Parliament and Welsh Assembly, providing for a degree of proportionality.
• The Single Transferable Vote (STV) was introduced for Northern Ireland Assembly elections and for local government in Scotland.
• The Supplementary Vote (SV) system was introduced for the election of directly-elected mayors in England and Wales.

These reforms reflected a move towards greater proportionality and choice in different parts of the UK.

Devolution

Arguably the most transformative reform was the devolution of legislative powers to new bodies in Scotland, Wales, and Northern Ireland:

Scotland: The Scotland Act 1998 established the Scottish Parliament, granting it powers over education, health, justice, and more.

Wales: The Government of Wales Act 1998 created the National Assembly for Wales, initially with more limited powers, which were expanded in later years.

Northern Ireland: The Northern Ireland Act 1998, following the Good Friday Agreement, restored devolved government to Northern Ireland.

Devolution fundamentally altered the structure of governance in the UK, creating a quasi-federal system.

Human Rights Act 1998

The Human Rights Act 1998 incorporated the European Convention on Human Rights (ECHR) into UK law. This allowed UK citizens to seek redress for breaches of their rights in domestic courts instead of having to go to Strasbourg. The Act enshrined rights such as the right to a fair trial, freedom of expression, and the right to privacy, making human rights integral to UK law.

Creation of the Supreme Court (2009)

The Constitutional Reform Act 2005 led to the establishment of the Supreme Court of the United Kingdom in 2009, separating the judiciary from the legislature. The Law Lords were removed from the House of Lords, reinforcing the doctrine of separation of powers and ensuring judicial independence.

Constitutional Changes under the Coalition (2010–15)

The Conservative-Liberal Democrat coalition (2010–15) continued the process of constitutional reform, though often with less radical outcomes.

Fixed-term Parliaments Act 2011

The Fixed-term Parliaments Act 2011 ended the Prime Minister’s power to call a general election at will, establishing a five-year period between general elections, with early elections only possible under certain conditions. This was intended to promote political stability, particularly within coalition governments. This act was later repealed by the Dissolution and Calling of Parliament Act 2022.

Further Devolution to Wales

The Government of Wales Act 2014 granted further powers to the Welsh Government, including powers over taxation and borrowing. This was in response to growing demands for greater autonomy and the success of devolution in Scotland.

Major Reforms Since 2015

Governments since 2015, led by the Conservatives, have introduced further significant reforms, particularly in response to growing demands for devolution and the aftermath of the Scottish independence referendum.

Further Devolution to Scotland

Following the 2014 Scottish independence referendum, the Smith Commission recommended greater powers for the Scottish Parliament. The Scotland Act 2016 devolved further tax, welfare, and electoral powers to Scotland, making it one of the most powerful devolved parliaments in the world.

Other Reforms

English Votes for English Laws (EVEL): Introduced in 2015, EVEL provided that legislation affecting only England would require the consent of English (or English and Welsh) MPs.

Repeal of the Fixed-term Parliaments Act 2011: The Dissolution and Calling of Parliament Act 2022 repealed the Fixed-term Parliaments Act, restoring the Prime Minister’s power to call early elections.

Further Devolution to Wales: The Wales Act 2017 gave the Welsh Assembly powers over elections, taxes, and transport.

Summary

Since 1997, the UK constitution has been fundamentally reshaped through a process of incremental yet profound change. Devolution, reform of the House of Lords, the introduction of the Human Rights Act, and the creation of the Supreme Court are among the most significant developments, altering the structure, powers, and dynamics of governance in the UK. More recent reforms have continued to respond to national and regional pressures, embedding a more pluralistic and flexible constitutional framework.