The New British Constitution
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Overview
The British constitution, long considered entrenched by tradition and history, has, since 1997, undergone a process unique in the democratic world: piecemeal transformation from uncodified to codified status. This process, spear-headed by the Human Rights Act and devolution to the non-English parts of the UK (at present there exists neither the political will nor the consensus to go further) has created a new constitution, characterized by the limitation of the powers of Parliament. The Human Rights Act and the devolution legislation, having the character of fundamental law, in practice limit the rights of Westminster as a sovereign parliament, and establish a constitution which is quasi-federal in nature. And though these reforms, together with Britain's membership of the EU, do little to secure more popular involvement in politics, they nevertheless serve to replace one constitution by another. The next phase of constitutional reform is likely to involve the creation of new forms of democratic engagement, so that Britain's constitutional forms come to be more congruent with the social and political forces of the age. The end-point of this piecemeal process might well be a fully codified or written constitution which declares that power stems not from the Queen-in-Parliament, but, instead, as so many constitutions do, from 'we the people.' This new book, by one of Britain's most respected and experienced constitutional commentators, charts the emergence and significance of these reforms, and evaluates their success as part of a larger historical shift towards the constitutionalizing of British democracy. While opinion is sharply divided as to the way forward, the author argues that former Prime Minister Tony Blair's most permanent legacy may well prove to be his championing of a new British constitution. Those seeking an authoritative insight into the state of that constitution need look no further. This eagerly awaited text â?” by Vernon Bogdanor, the UK's leading expert in this area â?” will be an invaluable source of information for scholars, students, politicians, journalists, and policy-makers.Synopsis
The last decade has seen radical changes in the way we are governed. Reforms such as the Human Rights Act and devolution have led to the replacement of one constitutional order by another. This book is the first to describe and analyse Britain's new constitution, asking why it was that the old system, seemingly hallowed by time, came under challenge, and why it is being replaced.
The Human Rights Act and the devolution legislation have the character of fundamental law. They in practice limit the rights of Westminster as a sovereign parliament, and establish a constitution which is quasi-federal in nature. The old constitution emphasised the sovereignty of Parliament. The new constitution, by contrast, emphasises the separation of powers, both territorially and at the centre of government.
The aim of constitutional reformers has been to improve the quality of government. But the main weakness of the new constitution is that it does little to secure more popular involvement in politics. We are in the process of becoming a constitutional state, but not a popular constitutional state. The next phase of constitutional reform, therefore, is likely to involve the creation of new forms of democratic engagement, so that our constitutional forms come to be more congruent with the social and political forces of the age. The end-point of this piecemeal process might well be a fully codified or written constitution which declares that power stems not from the Queen-in-Parliament, but, instead, as in so many constitutions, from 'We, the People'.
The old British constitution was analysed by Bagehot and Dicey. In this book Vernon Bogdanor charts the significance of what is coming to replaceit.