What is the UK for?

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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.