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Electoral reform included the European Parliamentary Elections Act 1999, and local government reforms were made under the Local Government Act 2000. There was also the Freedom of Information Act, passed in November 2000. However, not surprisingly, the whole of the 1997 Labour Manifesto’s constitutional programme was not implemented in a single term. At the time of Labour’s re-election on 7 June 2001, the following commitments to reform remained unfulfilled: ■ second stage reform of the House of Lords; ■ modernisation of the House of Commons; ■ a referendum on voting system for the House of Commons; ■ regional government in England.
3 09:11:07:04:08 Page 3 Black 3272CVC Page 4 Black 3272CVC INTRODUCTION But we cannot point precisely to what is or is not of constitutional relevance. In contrast to codified constitutions, there is nothing to distinguish constitutional law in the UK from any other law. For example, certain Acts of Parliament may be regarded as constitutionally important, such as the Acts of Union or the HRA, but, technically speaking, these Acts are no different in status from the Dangerous Dogs Act. ‘The Constitution is what the judges say it is’ is a famous quote from a former Chief Justice of the US Supreme Court, Charles Evans Hughes.
PARLIAMENTARY SOVEREIGNTY Historically, the rise of parliamentary sovereignty coincided with the gradual erosion of the prerogative powers of the Crown. As we have seen, by the end of the 17th century the powers of the Crown had been reduced to a residue. The Bill of Rights 1688 and the Act of Settlement 1700 declared Parliament as the supreme law-making body. Thereafter, no new law could be enacted without the consent of both Houses of Parliament. AV DICEY The classical definition of parliamentary sovereignty in relation to the UK Parliament is provided by AV Dicey: 31 09:11:07:04:08 Page 31 Black 3272CVC Page 32 Black 3272CVC FUNDAMENTAL CONCEPTS UNDERLYING THE CONSTITUTION The principle of parliamentary sovereignty means neither more nor less than this, namely, that Parliament thus defined has, under the English constitution, the right to make or unmake any law whatever; and, further, that no person or body is recognized by the law of England as having the right to override or set aside the legislation of Parliament.