A written Constitution for the UK?

Question

Gordon Brown is thinking of introducing a written consitution into the UK.

The BBC this morning are asking listeners to write in with their own version of a written constitution for UK.

Answer 1

We don't need one, because we effectively have one already, although it isn't contained within one document. It is often thought that the US Constitution is contained neatly within one document, without realising that there is, of necessity, a whole library of explanatory case law as well as clarification as to how the Constitution should be interpreted in particular circumstances. There is also much supporting legislation.

We have a Constitutional Monarchy in this country, where the Armed Forces, Police, and the very embodiment of the law itself, rests ultimately within the power of the Monarchy. It is structured in this way in order to prevent an over powerful rogue Government, together with the agencies I have stated above, taking over power absolutely.

The BBC can't be trusted on this one, because they are supporters, on behalf of the Government, of an EU Federation and also supporters of an EU Constitution.

In the recent past, you could do anything in this country save that which the law specifically stated that you cannot do. The EU's Human Rights Act has turned all this on its head by attempting to enshrine and codify within HRA all those things that you can do. That is why we have so much confusion, because it is an illogical approach to law making, and literally allows people to invent "right's" for themselves. Obviously you will end up with ten ton of explanatory legislation. However, this will allow the EU control freaks all the power that they seek.

Calling for a new Constitution for the UK will allow the Government to re-define Britishness to fit their agenda (Multiculturalist). All patriotic Brits. know what it is to be British, they don't need a definition. In fact, many aspects are, quite rightly, beyond definition, because they are emotionally and not intellectually based.

I think that they have their feelers out on this one, preparing us, so that they can slot the result into the wider EU Constitution.

Answer 2

Bostonianinmo, the UK is also a 'Parliamentary Democracy'. The word constitution (or constitutional) just refers to the system or structure of law - not necessarily to an actual document. The UK has a system of written laws, and so is therefore a Constitutional Monarchy. As mentioned, King John's Magna Carta, can be seen to be effectively the UK's written constitution. It was this document which was the basis of modern democracy, and upon which both the English (and by extension, British) and US systems are based. The next important step in modern democracy was the Bill of Rights, during the Glorious Revolution in 1689. The bill was signed by King William III and his wife and joint sovereign, Mary II. With it they limited and defined the power of the monarchy. More importantly though, it included the following rights, some of which were duplicated for the US Constitution: The right to bear arms; Freedom of speech; Elections; Elimination of "cruel and unusual punishment"; No punishment without trial It could be said that the system in the UK is far more flexible precisely because it doesn't have a single, over-riding base document. In the practical sense, it's a lot more complex of course. In short, the UK doesn't *need* a 'written constitution' (or it already effectively has one) as it functions quite well without one. The question *should* it have one is a different matter, and is highly subjective. [Update: Hello. Presumably you were addressing me. No you didn't say we needed one, but you did *ask* if we needed one - "Does the UK need a written constitution?" I was just answering the question.. gosh!]

Answer 3

Lets not forget Mr Blair is attending the EU summit on the EU Constitution on June 21st...........with a view to signing a "watered down"(so he say's) version so he can do away with a referendum,bringing the EU Constitution through the back door.!! WE will not get a say in the matter!!!
Mr Blair and Mr Brown are trying to find a middle way between what is acceptable to Angela Merkel, the German Chancellor, and the French President, Nicolas Sarkozy, and what is *politically saleable* in Britain without a referendum, which would probably be lost. Mr Blairs position is weakened due to him stepping down on 27th of June,so he cannot "bounce" Brown about anymore,especially as he (Brown) is almost definitely the new PM.Angela Merkel is determined to get the EU Constitution through,so it will happen. Whatever Gordon Brown is up to, its got NOTHING to do with a Constitution for the UK!!!!!!

Answer 4

Do we really need one? I think not. Afterall, we've managed just fine without one for hundreds of years. Not having a written constitution gives us the flexibilities to make and rescind laws which are appropriate to the modern world. If we had a constitution it would be a lot more difficult to do this - just look at other countries- USA, for example, can not ban guns as it is a constitutional right to have one, and although most Americans agree with this you have to wonder about how sensible that law is given the incidents we've seen over there in recent times.

Answer 5

1 - The constitution should enshrine a parliamentary system whereby a
ceremonial Head of State would be directly elected by the people. This
non-executive Head of State would have only limited reserve powers
(such
as the power to call elections on the advice of the Prime Minister).

2 - The office of Head of State, to be known as President, will be open
to
any eligible British citizen.

3 - The Head of State will be directly elected by the British people.
Besides a ceremonial role, the Head of State would have reserve
constitutional powers (such as the power to appoint a Prime Minister,
to
call elections and to sign Acts of Parliament into law). There will be
provision for an impeachment procedure. The position of Prime Minister,
as
Head of Government, will remain.

4 - The Head of State will be equal before the law (as any other
citizen),
and will take an oath to serve the people, uphold the law and protect
the
constitution.

Answer 6

Don't think it's that necessary - we've survived quite nicely for the last thousand years on rules, conventions and constitutional Acts. Besides, it would effectively do away with Parliamentary supremacy, and I'm sure neither the Commons or the Lords want that to occur in a hurry.

Answer 7

I think it would be a good thing as long as it enshrines our civil liberties such as freedom of speech and the individuals right to privacy, right to vote, right to protest, e.t.c. If it was properly done, it would act as a line which future governments could not cross, no matter the complexion of their politics.

Of course the civil liberty aspect I mentioned above would make compulsory id cards unconstitutional, so unfortunately I doubt whether civil liberties would be a major concern in a constitution written by the current government. Who knows though, Brown's government might be better (not to holding my breath though).

Answer 8

Wouldn't the Magna Carta be the UK's constitution?

Answer 9

Common law is the prevailing system in UK and there are many who are advocating for a written constitution so that there will be no room for misinterpretations.

Answer 10

well, Mr brown has just died of death before he actually gets the vote to be the labour party leader.

The people just want to be treated fairly and to be listen to when they say something is wrong.

Listen and learn we were always told in school maybe the politicians should learn to do the same!