Full Description
The 1st edition of this seminal text was written as a response to the constitutional crisis of 2009, sparked by the 'expenses scandal', which led a general distrust of the UK's entire political order.
A decade on, it is no exaggeration to say that the situation has dramatically deteriorated. The UK's constitutional order faces an existential crisis, with Brexit placing unbearable pressure on the political and legal architecture. All this makes the need for a written Constitution more pronounced. Retaining the easily accessible style of the first edition, this book addresses how this might be put in place.
Part 1 sets out a number of arguments in favour of a written Constitution, as well as the most common objections. Part 2 presents a working draft in the form of one possible model for a Constitution. Observations and explanatory notes are attached to each section of this draft Constitution. This model Constitution is intended as the first stage in a public debate, designed to provoke further discussion about the content and method of legislating into law a written Constitution. Part 3 contains the draft of the Act of Parliament that would be needed to introduce any form of constitutional change.
Rarely has a book been more timely or essential.
Contents
Glossary of Essential Terms
Part 1: Setting the Scene
1. Outline of the Book
2. Why We Need a Written Constitution
3. Power to the People
4. Power-sustaining Devices
5. Parliamentary Sovereignty
6. No-one Ever Voted for Parliamentary Sovereignty
7. Why Parliamentary Sovereignty Doesn't Work
8. The Need for a Public Debate
9. The Virtues of Representative Democracy
10. Drafting a Written Constitution: The Practicalities
11. Contents of a Written Constitution
12. Repairing British Politics: The Proposals
13. Towards the Future
Key Points
Part 2: A Draft Constitution for the United Kingdom
Preamble
1. The State and the Constitution (Arts 1-9)
2. Lawmaking (Arts 10-31)
3. The House of Representatives (Arts 32-56)
4. The Senate (Arts 57-97)
5. Executive Government (Arts 88-118)
6. Emergency Powers (Arts 119-127)
7. Political Parties (Arts 128-135)
8. The Judiciary (Arts 136-173)
9. Fundamental Rights, Freedoms and Responsibilities (Arts 174-224)
10. The Citizens' Branch (Arts 225-229)
11. Other Aspects of Government (Arts 230-242)
12. Constitutional Conventions (Arts 243-245)
13. Constitutional Changes and Referendums (Arts 246-252)
14. Interpretation and Final Matters (Arts 253-255)
Part 3: The Constitution of Britain (Referendums) Act
1. Referendum on a Written Constitution
2. Second Referendum on the Content of a Written Constitution
3. Implementation of the Second Referendum
4. Supplementary
5. Schedules
