Is the UK's codified constitution working?
2023 Review
Context:
Each crisis (loss of confidence in Boris Johnson, Brexit, general elections that failed to deliver
a secure government, PM resignations, judicial spats) has been accompanied by calls for the
UK to reorganise its political and governing arrangements by codifying them into one clear
and plainly understood document.
BUT 2022 resignations of Johnson and Truss and the process of electing their successors,
under rules involving Conservative MPs and party member draw up by the 1922 Committee,
proved to be relatively well mannered and widely accepted transition from one political
head of state to the next.
1922 Committee = a Conservative Party committee made up of all the party's backbenchers -
channel of communication between party and leadership.
Arguments for retaining UK's current constitutional arrangements:
Respects democratic outcomes however undesirable they may have been to the
government of the day:
o Run up to 2024, SNP predominant in Scotland indicating that for years, voters had
supported a party committed to achieving an independent Scotland, 2022 the
proposal to hold a second independence referendum was submitted through the
proper legal channels.
o Compare to Spain where pro-independence Catalan leaders were compelled to
circumvent legal routes to independence and were imprisoned for defying the
refusal of Spanish government to engage in dialogue about a Catalonian
independence referendum 2017.
Peaceful transitions of power from one administration to the next without violence or
serious conflict:
o Momentum behind holding a referendum about the UK's membership of the EU led
to its inclusion in 2015 C manifesto, Cameron called for the referendum and stepped
down after losing, May took over and was committed to delivering it but stepped
down when her approach struggled with support, Johnson took over in 2019 who
delivered Brexit, he was replaced in 2022 by Truss when he no longer commanded
confidence of his party, less than 2 months later, Sunak became PM.
o Compare to Trump who took time to formally concede the result of 2020 US election
and was accused from inciting an insurrection in 2021.
Sufficient flexibility to consider, enact and review constitutional alternatives:
o Uncodified arrangements allow for governing arrangements to be adapted over time
to better suit and respond to wishes of citizens - anything can be changed with an
Act of Parliament.
o Referendums (locally - Birmingham, Manchester, Edinburgh on issues like
congestion charges, regionally - on issues like devolution, nationally - electoral
system 2011 and Brexit 2016).
o FTPA 2011 scrapped 2021 because it failed to foresee the continuation of a
government that could not control the Commons.
o HRA 1998 -> debate 2022 centred on whether this should be replaced with a British
Bill of Rights.
2023 Review
Context:
Each crisis (loss of confidence in Boris Johnson, Brexit, general elections that failed to deliver
a secure government, PM resignations, judicial spats) has been accompanied by calls for the
UK to reorganise its political and governing arrangements by codifying them into one clear
and plainly understood document.
BUT 2022 resignations of Johnson and Truss and the process of electing their successors,
under rules involving Conservative MPs and party member draw up by the 1922 Committee,
proved to be relatively well mannered and widely accepted transition from one political
head of state to the next.
1922 Committee = a Conservative Party committee made up of all the party's backbenchers -
channel of communication between party and leadership.
Arguments for retaining UK's current constitutional arrangements:
Respects democratic outcomes however undesirable they may have been to the
government of the day:
o Run up to 2024, SNP predominant in Scotland indicating that for years, voters had
supported a party committed to achieving an independent Scotland, 2022 the
proposal to hold a second independence referendum was submitted through the
proper legal channels.
o Compare to Spain where pro-independence Catalan leaders were compelled to
circumvent legal routes to independence and were imprisoned for defying the
refusal of Spanish government to engage in dialogue about a Catalonian
independence referendum 2017.
Peaceful transitions of power from one administration to the next without violence or
serious conflict:
o Momentum behind holding a referendum about the UK's membership of the EU led
to its inclusion in 2015 C manifesto, Cameron called for the referendum and stepped
down after losing, May took over and was committed to delivering it but stepped
down when her approach struggled with support, Johnson took over in 2019 who
delivered Brexit, he was replaced in 2022 by Truss when he no longer commanded
confidence of his party, less than 2 months later, Sunak became PM.
o Compare to Trump who took time to formally concede the result of 2020 US election
and was accused from inciting an insurrection in 2021.
Sufficient flexibility to consider, enact and review constitutional alternatives:
o Uncodified arrangements allow for governing arrangements to be adapted over time
to better suit and respond to wishes of citizens - anything can be changed with an
Act of Parliament.
o Referendums (locally - Birmingham, Manchester, Edinburgh on issues like
congestion charges, regionally - on issues like devolution, nationally - electoral
system 2011 and Brexit 2016).
o FTPA 2011 scrapped 2021 because it failed to foresee the continuation of a
government that could not control the Commons.
o HRA 1998 -> debate 2022 centred on whether this should be replaced with a British
Bill of Rights.
