Ricardolindo
Well-known member
- Location
- Portugal
Is there any plausible point of divergence for the United Kingdom to have a written constitution?
It sort of has one, but it merely requires a majority to amend.
Aspects of the 'unwritten constitution' aren't that dissimilar from how how American *expectations* or *norms* surrounding the Constitution (federalism, separation of powers, rules and procedures of the United States House and Senate).
Sure, but the idea here is to give an impulse to formalize it into one document that's seen as constitutional, even if it remains amendable by majority.
The Netherlands Constitution explicitly prohibits judicial review.Even the US Constitution sort of isn't this, given it's been amended 27 times. Parliament could in theory pass an act calling for a formal organization of British Constitutional legislation into a single Treatise, but that'd be tricky.
The US has several quasi-constitutional super-statutes which operate in a not dissimilar way as British Constitutional enactments. The Judiciary Act of 1789, the Rules Enabling Act of 1934, The Social Security Act of 1935, The Administrative Procedure Act of 1946, The Federal Tort Claims Act of 1946, The Civil Rights Acts (1866, 1957, 1964, 1965, 1968, and 1992), etc. They're super-statutes that operate in the background and serve as legal defaults unless some other statute explicitly says otherwise.
Compare to the Magna Carta of 1215, the English Bill of Rights of 1689, the Claim of Right Act of 1689, the Acts of Union of 1707, the Acts of Union of 1800, the Reform Act of 1867, Franchise Act of 1885, the Anglo-Irish Treaty of 1922, Representation of the People (Equal Franchise) Act 1928, Scotland Act of 1998, the Constitutional Reform Act of 2005, Wales Act of 2017, etc. The Good Friday Agreement and European Treaties and Brexit Treaties also constitute such a thing; as does every grant of home rule and independence to dominions and colonies. All go to the nature of the British constitutional structure.
One cannot have a functioning written Constitution which checks a majoritarian legislative body absent a truly independent judiciary with Constitutional Review authority [which the UK hasn't had until 2009]. If the written thing can be amended by a simple majority, what's the point of having a constitutional convention to begin with?
Even the US Constitution sort of isn't this, given it's been amended 27 times. Parliament could in theory pass an act calling for a formal organization of British Constitutional legislation into a single Treatise, but that'd be tricky.
Even the US Constitution sort of isn't this, given it's been amended 27 times. Parliament could in theory pass an act calling for a formal organization of British Constitutional legislation into a single Treatise, but that'd be tricky.
The US has several quasi-constitutional super-statutes which operate in a not dissimilar way as British Constitutional enactments. The Judiciary Act of 1789, the Rules Enabling Act of 1934, The Social Security Act of 1935, The Administrative Procedure Act of 1946, The Federal Tort Claims Act of 1946, The Civil Rights Acts (1866, 1957, 1964, 1965, 1968, and 1992), etc. They're super-statutes that operate in the background and serve as legal defaults unless some other statute explicitly says otherwise.
Compare to the Magna Carta of 1215, the English Bill of Rights of 1689, the Claim of Right Act of 1689, the Acts of Union of 1707, the Acts of Union of 1800, the Reform Act of 1867, Franchise Act of 1885, the Anglo-Irish Treaty of 1922, Representation of the People (Equal Franchise) Act 1928, Scotland Act of 1998, the Constitutional Reform Act of 2005, Wales Act of 2017, etc. The Good Friday Agreement and European Treaties and Brexit Treaties also constitute such a thing; as does every grant of home rule and independence to dominions and colonies. All go to the nature of the British constitutional structure.
One cannot have a functioning written Constitution which checks a majoritarian legislative body absent a truly independent judiciary with Constitutional Review authority [which the UK hasn't had until 2009]. If the written thing can be amended by a simple majority, what's the point of having a constitutional convention to begin with?
US Judicial Review is so powerful because the legislature and executive have divided authority and have incentive to treat the third branch as co-equal and deserving of respect, because it's useful to have the Court as a tiebreaker. The US, meanwhile, has very little division of its national judiciary.
France has a separation of power, but since the Fifth Republic has been President-heavy in ways that even US presidents might blush, and its judiciary is divided. Almost all US Federal Courts have the authority to review statutes for their constitutionality, but my understanding is that aside from the Constitutional Council French Courts do not.
If you want the British to have a radical event, then have the Chartists overthrow the monarchy. Otherwise, the British will do what they've (almost) always done - adjust the system piecemeal and gradually over time.
Even in this context, the current 'justiceocracy' is pretty novel no?
Most of the suggestions above are about a written constitution resulting from a revolution, but the opposite seems possible as well - quite a few establishment people backed the 1832 Great Reform Act because "Finality Jack" Russell and others assured them that this was absolutely definitely the last change ever. So some might have called for it to be set in stone that this was the case - of course, storing up a lot more problems for later attempts at reform?
Another option might be if the People's Budget affair had escalated even further and the Lords had been overthrown/replaced/etc., that seems like a possible time that a constitution might be written as well.