Category: United Kingdom
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Se-shauna Wheatle and Vanessa MacDonnell: Unwritten Constitutional Norms and Principles – Blog Series Introduction
Unwritten constitutionalism is often associated with Westminster systems, but it is arguably a feature of all constitutional democracies, including jurisdictions with highly codified constitutions. The ‘unwritten’ facets of the constitution encompass a range of constitutional norms and principles that do not derive their validity from texts authorized through a formal institutional process. The unwritten rules…
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Brian Christopher Jones: Nigel Farage and the UK Constitution
The upheaval of the UK constitution from 2016 onwards has been associated with a host of individuals, from David Cameron to Boris Johnson to Dominic Cummings, who have received the significant bulk of academic attention in recent years. And yet, another individual has had a substantial impact upon the UK constitution during this time: Nigel…
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Rhiannon Ogden-Jones: Legal Uncertainty and the Levelling-Up and Regeneration Bill 2023
The Levelling-Up and Regeneration Bill (‘LURB’), currently before the House of Lords, aims to facilitate the government’s levelling-up agenda, which was set out in the ‘Levelling-Up the United Kingdom’ White Paper in 2022. At 222 clauses and 18 schedules, full consideration of the Bill (as amended in Committee, 24th May 2023) would require more than…
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Mike Gordon: Creating an Integrity and Ethics Commission in the UK: The Case for Reform and Challenges for Implementation
In an era of intense and continuing controversy over the rules of political responsibility, the question of how to reform the current framework of constitutional standards applicable to politicians requires serious consideration. In addition to the regularity with which allegations about ministerial irresponsibility are being raised and sometimes (eventually) addressed, there are clearly structural challenges…
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Alex Benn: Criminalising Constitutional Debate? Anti-monarchy Protests, Treason and Public Order
Until 2022, calling for the abolition of the monarchy may still have been a form of treason in the United Kingdom, but it did not seem to be more generally criminalised. According to the statute books, the Treason Acts remained in force, but they were specialised tools and provided for a limited range of crimes.…
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David Torrance: “Nothing in the Nature of a Second Coronation”
On 23 April 2023 the Sunday Telegraph carried a striking headline: “Scotland to host its own Coronation for the King with Stone of Destiny at its heart.” During a thanksgiving service at St Giles’ Cathedral in Edinburgh, the report continued, King Charles III was to be presented with the Honours of Scotland (“the oldest regalia…
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John Stanton: Law, Localism, and the Constitution: A Comparative Perspective
Local government is an aspect of UK constitutional law that is often neglected or overlooked. Councils, though, are a vital part of our governmental order, providing the services and opportunities, and making the decisions and policies, that shape a large part of our day-to-day lives. They are also the institutions of government with which the…
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Tarun Khaitan: An Elected Second Chamber? Some Thoughts on the Brown Report
One of the key recommendations of the Brown Commission is to replace the House of Lords with an elected second chamber called the Assembly of the Nations and Regions. The proposal has stimulated a broad debate. A key intervention in the debate was by the Speaker of the Commons, Lindsay Hoyle, who has argued against…
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Paolo Sandro: Vorrei ma non posso? The Brown Commission’s report and the conundrum of constitutional entrenchment in the UK
The Brown Commission’s report on the future of the Union has already sparked a lively debate. In a series of excellent posts, Aileen McHarg, Adam Tucker, and Michael Gordon have dissected and subjected to critical scrutiny some of the key proposals for constitutional reform contained in the report. The entrenchment of a new category of…
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Aileen McHarg: The Future of the Territorial Constitution under Labour? The Report of the Commission on the UK’s Future
On Monday, the Labour Party published the report of the Commission on the UK’s Future, chaired by Gordon Brown: A New Britain: Renewing Our Democracy and Rebuilding Our Economy. The report focuses on changes that can be delivered within a single parliamentary term, and therefore discusses only those issues which the Commission regards as most…