Andy Burnham has said his radical plans to devolve power away from Westminster will “increase the case” for a written constitution. The current system “disempowers” areas that have suffered from decades of neglect by central government, the PM argued. A desire for equal standards across the country must be the “cornerstone” of any constitutional settlement.
‘Crisis of trust between citizens and state’ The UK’s current unwritten constitution is made up of a “vast and contradictory morass of legal statutes, court precedents, codes of conduct, scholarly opinions, treaties, traditions, gentlemen’s agreements and unwritten rules”, said George Monbiot in The Guardian. This “allows great scope for interpretation, which ruthless operators readily exploit”: there is nothing to stop a government with a safe majority from turning the UK into a “blatantly authoritarian” state.
Constitutional reform is “unlikely to be a hot topic or a big vote winner at the next election”, said Lucy Jolin in the Cambridge University alumni magazine CAM. But the process of agreeing a new constitution could “be a tool to address a very obvious crisis that governments across the world are facing: a crisis of trust between citizens and state”.
‘Virtually nothing is off the table’ Recent crises – from Brexit and the attempted prorogation of Parliament by Boris Johnson to Covid – have put the UK’s constitution into the spotlight. But, “far from being inadequate, irrelevant or even damaging”, it has “performed adequately – if not admirably at times”, said Brian Jones in a 2023 paper for the Institute for Government and Bennett Institute for Public Policy. In this system, “virtually nothing is off the table”, so it is better suited to adapting to “political, legal, economic and cultural change”.
The “flexibility” of the British constitution means Burnham, having never won a general election, can “simply announce a whole series of reforms to devolution in England”, said historian Lee David Evans on UnHerd. If the UK had a written constitution, with “rigid” relationships between authorities, Burnham’s recent policy announcements would be “much more difficult” to enact, “perhaps even practically impossible”.
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