The PM returned this week to an issue
which he has raised previously, namely the need for the UK to have a written constitution.
In principle, he’s right: the current approach is an antiquated patchwork of
law, precedent, custom and practice, leaving the UK as an outlier in the world.
The motivation for his latest statement appears to be based around the need to
entrench and codify the relationship between the Westminster government and the
regional mayors to whom he wishes to devolve more power. I’ve long supported
the idea of a formal written constitution for the UK, and even more so for the
independent Wales that I still hope to see one day. But the reasons for that
support are precisely why I don’t think it can or will happen, at least until
it’s time to write separate constitutions for England, Wales, and Scotland. There
is a whole shop’s worth of cans of worms waiting to be opened once the
suggestion gets serious debate.
Firstly, as the SNP have already pointed
out, a constitution which defines and codifies the relationship between
Westminster and English regional mayors will also need to define and codify the
relationship between the constituent nations of the union. There are basically
only two options as to how the UK can define itself – it is either a single
unitary state, or else it is a voluntary union of nations. The former is likely
to inflame Scotland in particular, whilst the latter must, by definition, specify
the terms of that voluntary union, including how it can be ended. The
opposition of devout unionists to formally documenting the nature of the
relationship is based on more than tradition and inertia.
Then there is the question of sovereignty and who
owns it. There are monarchies in the world which have written constitutions, of
course, so it’s not impossible. But would it really be politically acceptable,
in the twenty-first century, to write a formal document declaring that all
power stems from god via the monarch, and parliament and the courts merely act
as the monarch’s agent? The alternative view – that power belongs to the
citizens and is delegated by them to parliament – would be a complete
undermining of centuries of precedent and custom, to say nothing of a serious
constraint on the royal prerogative on which much of the government’s activity
depends.
Bigger than either of those, however, is the question
of purpose. Defining what the state is for is no easy matter. The US Declaration
of Independence talks about the right to life, liberty and the pursuit of
happiness. It’s a reasonable starting point, especially the bit about the
pursuit of happiness, but it’s a bit wishy-washy: fine words which can be
interpreted in different ways. A more comprehensive statement of purpose for a
modern constitution might be something along the lines of ‘enabling all citizens
to achieve their potential and lead fulfilling lives’. It is, though, the sort
of aim which would have neoliberals (such as Andy Burnham) choking on their cornflakes.
I don’t seriously believe that a written constitution
will happen under Andy Burnham or any currently conceivable successor. But we
can perhaps hope that he will at least spark a discussion during which alternatives
to the status quo can be seriously debated.