Westminster and the World Commonwealth and Comparative Insights for Constitutional Reform :Commonwealth and Comparative Insights for Constitutional Reform

This book considers what Britain might learn from Westminster-derived constitutions around the world. The book begins by identifying the deep constitutional crisis of the British body-politic and attempts to introduce a remedy in the form of new constitutional settlement founded upon a written constitution. It explains that the 'unwritten constitution', which grew up over the centuries from a hotchpotch of statutes, judicial decisions, disputed conventions, and traditions has reached the end of its useful life. The book emphasizes the revival of the British democracy through a written constitution, a supreme and fundamental law that is founded upon a broad political and societal consensus. It reviews constitutional proposals that reflect the 'Charter 88 agenda', which has motivated constitutional reformers in Britain for the last three decades. The book traces the decline and fall of the British constitution over the space of 80 years. It describes Britain's current constitutional crisis as the final unravelling of what might be termed the 'Hanoverian constitutional settlement'. It then makes a case for a new written constitution. It emphasizes how a written constitution does not need to be contained in one document but must have a bounded set of such laws that are distinguished from other laws and whose status as the supreme and fundamental law is known, declared and explicit. Exploring the principles of Westminster Model constitutions and their impact on democracy, human rights and good government, the book builds to a bold re-imagining of the United Kingdom's future written framework. Front Cover Westminster: and the World: Commonwealth and Comparative Insights for Constitutional Reform Copyright information Epigraph Table of contents List of tables Note on Cover Images Note on Author 1 Rediscovering Britain’s Wider Constitutional Tradition Aims and approach Background and foundations Imperialism, anti-imperialism and post-imperialism Structure of the book 2 The Decline and Fall of the British Constitution The heyday of majoritarian democracy (1945–67) Pressures for change (1967–97) The mixed legacy of piecemeal reform (1997–2016) The British constitution in crisis (2016–20) The end of the Hanoverian constitutional settlement 3 Towards a Written Constitution The constitution and the constitutional order Anatomy and content of a written constitution The case for a written constitution The constitution of Burke and Paine 4 Some Objections Answered Failure of constitutional regimes Authoritarian constitutions Excessive rigidity and inability to adapt Judicial powers and the exclusion of democratic politics Incompleteness of a written constitution Post-liberal and moral communitarian arguments Impossibility of adopting a written constitution 5 The Westminster Model as a Constitutional Archetype Defining the Westminster Model The development of Westminster Model constitutions A Westminster Model constitution for today Why limit ourselves to the Westminster Model? 6 Foundations, Principles, Rights and Religion Principles and values Citizenship Fundamental rights and freedoms Socio-economic rights and directive principles Religion–state relations 7 The Crown, Prime Minister and Government Republic or monarchy Powers and functions of the monarch Cabinet government I: government formation and removal Cabinet government II: ministers and civil servants 8 Parliament I: Functions, Powers and Composition Roles and functions of Parliament Legislative powers of Parliament The House of Commons The second chamber Royal assent and consent War-making and treaty-making powers Constitutional amendment rules 9 Parliament II: Privileges, Organization and Procedures Parliamentary privileges Committees The Speaker Leader of the Opposition Dissolution Prorogation 10 Nations, Regions and Local Democracy The Union and the ‘English question’ Flexible federalism Local democracy 11 Judiciary, Administration, Elections and Miscellaneous Provisions The judiciary ‘Neutral guardians’ and institutional integrity Public ethics Public service broadcasting Elections, referendums and campaign finance 12 Constitution-Building Processes Constitution-building in Westminster Model democracies Towards a constitution-building process for the United Kingdom Beyond the constitution: democracy, culture and civic virtue References Index Back Cover Constitutional scholar Elliot Bulmer considers what Britain might learn from Westminster-derived constitutions around the world. Exploring the principles of Westminster Model constitutions and their impact on democracy, human rights and good government, this book builds to a bold re-imagining of the United Kingdom’s future written framework.