Distinguishing constitutional legislation: A modest proposal

Andrew Blick, David Howarth, Nat le Roux

Research output: Book/ReportCommissioned report

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Abstract

In most democratic states, the mechanisms for constitutional change are clearly separated from mechanisms for enacting ‘ordinary’ legislation. They are also designed to make any significant alteration in existing constitutional arrangements a relatively difficult undertaking. In Britain, however, there is no legislative process for constitutional change other than ordinary legislation, nor is there any clear or generally agreed distinction between constitutional and other laws.
The potential shortcomings of this approach have become increasingly evident in the period since 1997, which has been marked by frequent, sometimes hectic, constitutional change. Constitutional modification is now an established part of every government’s legislative programme. If elected governments too often seem to amend these rules in a self-interested way then trust in the legitimacy of the political system may be progressively undermined.
This paper considers the options and proposes a mechanism whereby Parliament could identify and impose the special procedures it deems appropriate for legislation of first-class constitutional importance. It concludes that if Parliament wants to, it has the power to bring about a better approach in this area.
Original languageEnglish
Place of PublicationLondon
PublisherThe Constitution Society
Number of pages47
ISBN (Print)9780992890421
Publication statusPublished - 2014

Keywords

  • UK constitution
  • legislative process
  • parliamentary reform
  • constitutional reform

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