However, there have been criticisms about the Human right act in that it has not gone far enough. This is because it was not binding in Parliament rules so they do not have to follow it and can abuse their rights. For example in the anti-terrorism act, this gave police greater power and the Freedom of information Act 2000 has been partly effective because it enabled us to have access to government information and other aspects of government. Furthermore, through the judge’s interpretation of HRA, judges can ‘rewrite’ legislations and this would make judges too strong in that they are able to act as judges in USA who are able to encroach on the policy-making role of politicians. However, government can still conceal information from the public; hence it is too weak.
Furthermore, constitutional reform of devolution (transferring central government to local or regional administration in 1997 can be established as one of the reforms that are gone far. Devolution gave constitution nations of the UK their own political voice. It refined representative democracy by allowing voters in Scotland, Welsh and Northern Ireland separately to express views about ‘national’ issues. It widened the opportunities available for political participation and in so strengthened civic engagement and political education.
However, the constitutional reform on devolution has not gone far enough. This is because Northern Ireland and Walsh assembly still did not get complete independence as all the foreign and economical policies are decided in Westminster. Devolution has done nothing to advance representative democracy in England, where about 84 per cent of the UK’s population live.
Moreover, the reform of the House of Lords has gone far because it reduced the powers of the House of Lords. . This is because House of Lords was not elected and the reform was created to more democratic. Furthermore, the Supreme Court (the highest appeal court) was created which strengthens judicial independence as it breaks the link between the courts and Parliament. Furthermore, the role of the Lord Chancellor was reduced in 2006, and transferred to the Lord Chief Justice, and the Lord Chancellor’s influence over judicial appointments had been much reduces. Under the constitution reform act 2005, the Lord Chancellor has to swear an oath to defend the independence of the judiciary. Also, the judges cannot really overturn what parliament debates so they are very limited. Subsequently, it be said that the constitutional reform since 1997 of the House of Lords reform has gone far enough.
However, the reform of the House of Lords has not gone far enough. Even though this act allowed the removal of over 600 hereditary peers to only 92. However, no reform for a partially or fully elected second chamber has taken place. Until this happens it is argued that the Lords are not democratically. By merely appointing the members of the Lords means that whilst they may have expertise, they are not being socially accountable. These include the likes of Alan Sugar and Sebastian Coe.
Even though the coalition government has introduced fixed term parliament (a specific time range for a party to govern till it calls for election, the fixed term for UK government is now 5 years) in 2011 it is too early say whether it will be effective. However, this reform has reduced the Prime Minister’s power to call an election when it will be beneficial to them. Another coalition reform is ‘powers of recall’. This is where constituents will have to the right to organise a petition to force a by-election (Nick Clegg) where it is proven that a member has been engaged in serious wrong doing.
In addition, the constitutional reform has gone far enough because there has been an increase in referenda as Tony Blair promised in his election manifesto. These include the Human right act, the Government of Wales Act; Scotland Act. In addition the increase petitions have been effective. For example, the road pricing tax was dropped after 1 million people signed a petition against it. Finally, MPs have agreed on a referendum over electoral reform, from our current first past the post system to alternative vote. Therefore, much has been done towards constitutional reform, and it has been effective.
However, the referenda can be in-effective because elections turnout has declined from 75% in 1945 to 65% in 2010. Therefore, the low turnout can be a way in which people expresses their disappointment on the political ideas and choices they have.
Finally, constitutional reform can be more effective it is codified and entrenched in the constitution. This would help to control executive power, and will help to protect the human rights further. Also, it will be much clear for people to have access to and understand as it is contained in a single document.
Therefore, it can be argued that the constitutional reform since 1997 has not gone far enough. Much more can be done to renew the UK’s uncodified constitution, so we look to see what the “new politics” of the conservative and liberal democrat coalition can offer.