Chapter 14

Chapter Summary

The British constitution remains distinctive for not being codified in a single document. It is drawn from several sources and retains the main components that it has developed over three centuries. Although little debated in the years between 1945 and 1970, it has been the subject of dispute – and of change – in the years since. Proponents of reform have argued that existing constitutional arrangements have not proved adequate to meet the political and economic challenges faced by the United Kingdom. They have pressed for reform, and various approaches to change have developed. Debate has polarised around two approaches: the liberal, favouring a new constitutional settlement for the United Kingdom, and the traditional, favouring retention of the principal components of the existing constitution.

The constitution has undergone significant change as a result of British membership of the EC/EU and of reforms undertaken by successive governments after 1997. The constitution had difficulty acclimatising to membership of the EC/EU. The referendum vote in 2016 to withdraw from the EU, after more than 40 years of membership, then generated major constitutional challenges of its own. The juridical dimension of the constitution has been strengthened as a result of the incorporation of the European Convention on Human Rights into British law. It has also been strengthened by the devolving of powers to elected bodies in different parts of the UK, the courts acting in effect as constitutional courts for the devolved bodies; and by the creation of a supreme court. Devolution has seen some powers pass to elected bodies in Scotland, Wales and Northern Ireland. The consequence of these changes has been to change the contours of the traditional, or Westminster, system of government, although not destroying the system altogether.

The constitution remains a subject of political controversy, posing problems for each of the main political parties. Governments this century have pursued change but have done so on a pragmatic basis, embracing no coherent approach to change. The British constitution has changed significantly in recent years and continues to be the subject of demands for further change, but its future shape remains unclear.

Learning Objectives

•  To identify the sources and key components of the British constitution.
• To analyse the nature of the debate about the British constitution.
• To consider the major changes and modifications made to the constitution in recent years.
• To detail the arguments for and against some of the major changes that have taken place or are proposed to the constitution, including electoral reform.
• To address the problems faced by political parties as a consequence of constitutional change.

Quizzes

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Discussion Questions

1. The UK constitution is often praised for its flexibility but criticized for lacking clarity. Should the UK adopt a codified constitution, or does the current uncodified system offer advantages?
2. How have recent constitutional changes, such as devolution, Brexit, and House of Lords reform, affected the stability of the UK’s political system? Have they strengthened or weakened democracy?

Weblinks

Constitution Unit – A research center at UCL focusing on constitutional reform and governance. (www.ucl.ac.uk/constitution-unit)

Campaign for Freedom of Information – A campaign advocating for greater transparency and public access to government information. (www.cfoi.org.uk)

Unlock Democracy – A grassroots campaign for democratic reforms in the UK. (www.unlockdemocracy.org)

Independent Commission on the Voting System (Jenkins Commission) – Archived government documents on voting system reform. (http://webarchive.nationalarchives.gov.uk/20140131031506/http://www.archive.official-documents.co.uk/document/cm40/4090/contents.htm)

Ministry of Justice: Governance of Britain – Government publications on constitutional issues. (www.gov.uk/government/publications/the-governance-of-britain)

House of Lords Constitution Committee – A parliamentary committee examining constitutional matters. (www.parliament.uk/business/committees/committees-a-z/lords-select/constitution-committee)

Flashcards

Refresh your knowledge of key terms with this chapter’s flashcards.

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