British Politics & Constitutional Evolution: 1990s to Present
The Political Landscape of Britain in the 1990s and Beyond
During the third term of Margaret Thatcher’s Conservative government, infighting, resignations, and economic recession were the main constants. Despite progress toward the center by the Labour Party, in 1992 the Conservatives won again, with John Major at the forefront. The economic policy undertaken during a period of crisis, coupled with EU requirements, discredited the Conservative government. The party began to split into two factions with opposing positions.
The return of Labour to power in May 1997 coincided with a wave of Socialist victories in Europe. The victory of a renewed Labour Party, led by Tony Blair, allowed Britain a long-term change after the Conservatives. He re-engaged Britain in the future of the European continent and aroused great expectations. Blair took many of the teachings of the Thatcherite doctrine, mainly economic, but incorporated new projects aimed at modernizing British society. He launched a series of reforms ranging from education to the transparency of the role of government, intending to return Britain to its lost international prominence.
The most significant event of the Blair era was undoubtedly the negotiations to achieve peace in Ulster. Through dialogue with the leader of Sinn Fein (the political wing of the IRA), Gerry Adams, the Stormont Agreement was achieved. This agreement was signed by Catholic and Protestant leaders, both moderate and radical, who had been facing each other for decades in the territory of Northern Ireland. It was ratified by referendum in May 1998. Along with this, Blair also achieved another notable success: international recognition of the values of his prescription for reform on the left, the so-called Third Way, which further outlines the guidelines for running contemporary life in Britain.
Sources and Principles of the British Constitution
The British Constitution is unwritten; it is not identified with an encoded text but with a set of norms, traditions, and customs. It is contained in documents derived from secondary and different sources. Therefore, one has to resort to historical formation and doctrine to define its purpose.
Key Elements of the British Constitution
-
Written or Statutory Law (Statute Law): This is the legislation emanating from Parliament, which provides the set of constitutional rules governing the functioning of state institutions, as well as recognition of the most important rights and freedoms. Among them, one can highlight:
- a) The Magna Carta of 1215, a feudal document that recognizes a number of privileges for the nobility, completed by the Magna Carta of 1225 and the Petition of Right of 1628.
- b) The Habeas Corpus Amendment Act of 1679.
- c) The Bill of Rights of 1689, following the revolutionary period, which signified the triumph of Parliament and the subjugation of the King.
- d) The Act of Settlement of 1701.
- e) The Parliament Acts of 1911 and 1949, which dictated the supremacy of the House of Commons over the House of Lords.
- Judicial Interpretation of Constitutional Law (Common Law): In Britain, the decisions of the courts give recognition to customary law. This source is derived from the local customs and usages of English society that judges used to settle disputes between individuals. This resulted in the continuation of customs and the birth of the previous system. Among these, the role assigned to judicial decisions concerning the rights and freedoms of citizens is of particular importance.
- Constitutional Conventions: These refer to all practical arrangements set out in the performance of certain institutions. They are a sample of British pragmatism and the flexibility of its constitutionality. Their defining feature is their difficulty in codification, as it shows a wide dispersion of these sources due to their ambiguous and flexible nature. While from the 1950s to the 1960s, the Constitution rarely figured in political debate, since the 1970s, it has been a subject of political controversy due to a lack of conceptual clarity.