3 WRITTEN CONSTITUTION
An illustrative blueprint (third of three)
A document of basic law by which the United Kingdom
is governed, including the relationship between the state and
its citizens, an amendment procedure, and elements of reform.
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Summary
The distinctive elements of this illustrative Written
Constitution - being a document of basic law by which the United
Kingdom is governed, including the relationship between the state
and its citizens, an amendment procedure, and elements of reform
- include, among others, the following.
Written form
The Constitution is codified into a single written
document, serving as the source of authority and fundamental law
in the state.
The existing political structure maintained
The Monarchy, Prime Minister and Cabinet, principles
of ministerial responsibility, bicameral Parliament, devolution
settlements, and structure of local government are established
in the Constitution.
Conventions clarified
Conventions and customs on major constitutional issues,
such as the appointment of a Prime Minister, consent of Parliament
on decisions to go to war, and powers of the Head of State over
law-making, are replaced by written procedures.
Process of constitutional change
Future amendments to the constitution may be made
by Parliament under special majority procedures in each House
of Parliament.
Continuous existence of Parliament
Parliament is established as a permanent body, superseding
procedures for its summoning and dissolution.
The timing of general elections
There is a five-yearly cycle for parliamentary elections,
with a more flexible procedure for the House of Commons to call
an early election when the situation requires it.
A democratic Parliament
The First Past the Post system is retained for the
House of Commons, and a smaller Second Chamber with enhanced functions
is to be elected by proportional representation, with transitional
arrangements for existing peers to remain as members for life
or until retirement.
A United Kingdom Bill of Rights
A code of principles on the rights and freedoms of
citizens in the United Kingdom replaces the Human Rights Act.
A broader devolution settlement
The existing devolution settlement in the Scotland
Act, Government of Wales Act and Northern Ireland Act is unchanged,
but operates within constitutional framework giving greater uniformity
across the Union.
Localism
A greater autonomy for elected local authorities
is provided for, and a new statutory code on central-local government
relations, while maintaining the Local Government Acts to provide
the operational details of local government.
International and European affairs
Draft treaties concluded by the Government require
the scrutiny and approval of both Houses of Parliament within
three months in order to become binding in international law.
Treaty obligations, including those arising from membership of
the European Union, require an Act of Parliament to take direct
effect in domestic law.
The public services
A concept of the public service across all tiers
of government is introduced, operating under a Code of Conduct
and the supervision of a Public Services Commission.
Law officers
The Director of Public Prosecutions continues, and
new office of Director of Civil Proceedings is established with
responsibilities in public interest, human rights and European
law issues. The person occupying the office of Attorney General
may no longer be a member of Parliament.
The constitutional role of the judiciary
The Supreme Court may review Acts of Parliament for
conformity with the Constitution and, where found to be in violation,
make a declaration of unconstitutionality that does not invalidate
the statutory provision in question.
Constitutional watchdogs
A number of new or revised commissions are established
to promote the accountability of public agencies, conduct inquiries,
and/or keep existing arrangements under review, including a Commission
for Democracy.
It should be repeated that this blueprint does not
advocate any particular reforms by their inclusion in this illustrative
Constitution; it simply give examples of how such changes might
be incorporated in a document of this nature. The fundamental
question remains the desirability or otherwise of codifying the
constitution of the United Kingdom.
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