This paper considers the question ‘what is New Labour’s constitutional legacy?’
To frame the boundaries of this essay, and given the uncodified nature of the UK constitution, I borrow the definition of ‘constitution’ offered by Bogdanor: ‘A constitution is nothing more than a collection of the most important rules prescribing the distribution of power between the institutions of government – legislature, executive and judiciary – and between the individual and the state’ (Bogdanor, 2009), while adding that rules can be both explicit and implicit (i.e. conventions).
This paper considers the success of Labour’s constitutional reforms, within the context of what Labour proposed it would achieve. Straw argues that Labour had five principles guiding reform: decentralisation, stronger citizen rights, greater openness, judicial reform, and democratic reform (Straw, 2010). The first three were discussed in a 1998 Labour Constitution Unit pamphlet while the latter two were added by McDonald and Hazell (McDonald and Hazell, 2007).
WHAT IS NEW LABOUR’S CONSTITUTIONAL LEGACY?
This paper considers the question ‘what is New Labour’s constitutional legacy?’
To frame the boundaries of this essay, and given the uncodified nature of the UK constitution, I borrow the definition of ‘constitution’ offered by Bogdanor: ‘A constitution is nothing more than a collection of the most important rules prescribing the distribution of power between the institutions of government – legislature, executive and judiciary – and between the individual and the state’ (Bogdanor, 2009), while adding that rules can be both explicit and implicit (i.e. conventions).
This paper considers the success of Labour’s constitutional reforms, within the context of what Labour proposed it would achieve. Straw argues that Labour had five principles guiding reform: decentralisation, stronger citizen rights, greater openness, judicial reform, and democratic reform (Straw, 2010). The first three were discussed in a 1998 Labour Constitution Unit pamphlet while the latter two were added by McDonald and Hazell (McDonald and Hazell, 2007).
Decentralisation
Prior to 1997, the UK was a highly centralised and unitary state. While Labour promised decentralisation and devolution, the Tories were ‘neither engaged in the debate nor supportive of it’ (Holliday & Burch, 1992). Indeed, during its eighteen-year tenure, the Conservative government actively increased centralisation – notably demonstrated by the abolition of the Greater London Council and Metropolitan County Councils in 1986.
In their respective 1997 election manifestos, Labour promised devolution to Scotland and Wales and a regional authority in London (pledges that were also in its 1992 manifesto) while the Tories were highly dismissive of this, arguing that ‘radical changes that alter the whole character of our constitutional balance could unravel what generations of our predecessors have created’. (The Conservative Party, 1997).
Following Labour’s election victory, successful referendums were held in 1997 for both Scottish and Welsh devolution, with majorities of 74.3% and (a very narrow) 50.3% respectively. The Scottish Parliament and the Welsh Assembly were both opened in 1999.
The new bodies are also notable for their electoral methods. While both bodies relied on the first-past-the-post plurality system for the majority of members, additional members were elected on a proportional representative basis using the party list system and the d’Hondt method of seat allocation. This was distinctive from the first-past-the post plurality system used for the House of Commons, thereby making both the Scottish Parliament and Welsh Assembly more representative (although certainly not completely proportional) than their Westminster counterpart.
In 1998 a referendum was successful in establishing a directly elected Mayor and assembly for Greater London. As with Scotland and Wales, the Greater London Assembly is elected on an additional member basis.
Labour actually wanted to take decentralisation further but plans stalled following the rejection of an elected assembly in the north-east of England following a 2004 referendum.
Perhaps one of the biggest successes, both politically and constitutionally, was the Good Friday Agreement of 1998 that provided legislation for the Northern Ireland Assembly. As a final triumph before Blair’s departure in May 2007, devolved powers were finally transferred to Stormont.
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- Roy Whymark (Autor), 2010, What is New Labour's Constitutional legacy?, Múnich, GRIN Verlag, https://www.grin.com/document/207474
