Does Britain need a written constitution after Brexit?

Summary

This video delves into the UK's unwritten Constitution, exploring its origins from Magna Carta to Brexit. It discusses the balance of power between the monarchy, Parliament, and the judiciary, and how this dynamic framework has caused recent constitutional crises. The video also debates the merits of a written constitution versus the flexibility of the current system, questioning if it's time for a change.

Takeaways

• 🇬🇧 Brexit has highlighted issues with the UK's unwritten constitution, causing debates about constitutional crises.
• 📜 The UK Constitution is a mix of common law, statute law, conventions, and works of authority, lacking a single written document.
• 🏰 The Magna Carta, signed in 1215, is a foundational document that limited the monarch's power and established certain rights under the law.
• ⚖️ The Supreme Court's ruling on the prorogation of Parliament emphasized the principle of parliamentary sovereignty.
• 🏛️ The English Civil War and the execution of Charles I were key historical events that shaped the balance of power between the monarchy and Parliament.
• 👑 The Queen still retains some prerogative powers, but most have been transferred to the Prime Minister and government.
• 📚 The Cabinet Manual is a recent work of authority that outlines the roles and powers of ministers within the UK's complex democracy.
• 🤔 The EU's supranational legal system has been seen by some as a threat to UK sovereignty, but Parliament's approval of Article 50 shows its continued power.
• 🗳️ Referendums, such as Brexit, have become more common and raise questions about their place and rules within the UK's constitutional framework.
• 📊 Public opinion varies on whether the UK needs a strong leader willing to break rules or if it's risky to give the government more power.
• 📝 There is an ongoing debate about the benefits of the flexibility of an unwritten constitution versus the need for a clear, written document.

Q & A

What is the UK's Constitution?

The UK's Constitution is an unwritten set of principles and laws, including common law, statute law, conventions, and works of authority that define the powers and functions of the government and its institutions.

What is the significance of Runnymede in the context of the UK's Constitution?

Runnymede is significant as it is the location where the Magna Carta was sealed in 1215, laying the foundations for limiting the powers of the monarch and establishing certain freedoms and rights under the law.

How does the UK's Constitution evolve?

The UK's Constitution evolves through incremental changes in parliamentary sovereignty, common law judgments, and constitutional conventions that develop naturally over time.

What is the role of the Supreme Court in upholding the UK's Constitution?

The Supreme Court upholds the UK's Constitution by interpreting and applying common law and statute law, ensuring that the actions of the government comply with constitutional principles.

What is meant by 'Parliamentary Sovereignty'?

Parliamentary Sovereignty refers to the principle that Parliament is the supreme legal authority in the UK and can make or unmake any law, and no other body can override its decisions.

How does the UK's Constitution address the powers of the monarch?

The UK's Constitution has transferred most of the monarch's powers to the Prime Minister and the government through constitutional conventions, with the monarch's role now largely ceremonial.

What is the Cabinet Manual and what does it do?

The Cabinet Manual is a document that outlines the rules and procedures of the UK government, providing guidance on the roles and responsibilities of ministers and the limits of their powers.

How has Brexit impacted the UK's Constitution?

Brexit has highlighted the complexities and potential weaknesses of the UK's unwritten Constitution, particularly in areas such as the use of referendums and the balance of power between Parliament and the EU.

What is the debate around having a written constitution for the UK?

The debate centers on whether the flexibility of the unwritten constitution is beneficial or if a written constitution would provide more clarity, certainty, and protection against misuse of power.

What is the role of referendums in the UK's Constitution?

Referendums are a relatively recent addition to the UK's constitutional process, allowing the public to vote on specific issues. However, their use and impact on parliamentary sovereignty are subjects of debate.

Why is there a discussion about whether the UK needs a written constitution?

The discussion arises from the challenges posed by Brexit and the need for clarity on constitutional processes, as well as concerns about the potential for abuse of power without a clearly defined written framework.