THE BRITISH CONSITUTION
A constitution is the body of rules which lays down the relationship between the individual citizen and the state, and between the different parts of the state: government, parliament and the courts. The powers which the government has to make and enforce laws, and our rights as citizens, are defined by the constitution, which therefore affects us all.
Importantly, the UK has no single written constitutional document. Much is written in a number of different documents, including within statutes, court judgments, and treaties as well as unwritten sources, including parliamentary conventions and royal prerogatives. At present Parliament can change the constitution as it wishes. Recent constitutional reforms have taken place on a piecemeal basis and without formal public debate on their long-term implications or consideration of the impact on other elements of the constitution.
The British constitution remains a ramshackle construction, but generally it is flexible, political and has largely been the product of incremental, peaceful change - no revolutions in Britain and no defeats after a war. It is said to more `legalised' as EU law must be implemented, above UK law if there is a conflict, and the Human Rights Act must be followed.
Britain, along with Israel and New Zealand, is one of only 3 democracies in the world not to have a written constitution so constitutional reform is high on the current political agenda, and reforms were promised in the manifestos of all three main political parties. Previously it was accepted changes to the Constitution would only be made after a period of consultation and with broad cross-party support.
In contemporary Britain, the government of the day does not see the need to draw any distinction between changes to the constitution and changes in, for example, health or education policy. The players in the political game can change the rules of the game itself, and regularly do so, in a way which is not possible in other developed democracies. Under our current system, Parliament - meaning in practice the government of the day - can pass any law it likes.
If a written constitution were entrenched (either by requiring a `supermajority' of MPs to agree to pass legislation or by introducing an external method of confirmation, such as a referendum) then the government's power would be restricted. In this sense, parliamentary sovereignty might remain in principle without being fully operable in practise.
What do you think?
`If it ain't broke, don't fix it” as the saying goes - should this apply to the UK Constitution?
Other countries, e.g. Canada, have made the transition from an unwritten to a written constitution so it is not beyond the realms of possibility. Should the British Government be considering whether to start this process?
Should other checks on Parliamentary sovereignty be imposed, e.g. by requiring a two-thirds parliamentary majority or a referendum to endorse constitutional amendments?