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3 Towards a Written Constitution

Abstract

This chapter makes a case for a new written constitution. It introduces a possible definition of a constitution that was suggested by Lord Bolingbroke in 1733, which states that the constitution is whole assemblage of laws, institutions, traditions, customs and practices that embody how Britain is governed. It also provides another definition that looks at the British constitution in terms of the Hanoverian settlement, which was altered by subsequent statutes and conventions. The chapter emphasizes how a written constitution does not need to be contained in one document but must have a bounded set of such laws that are distinguished from other laws and whose status as the supreme and fundamental law is known, declared and explicit. It cites Canada’s constitution, which includes the Constitution Act 1867, the Constitution Act 1982, and a list of other statutes and orders-in-council specified in a schedule to the 1982 Act.

Abstract

This chapter makes a case for a new written constitution. It introduces a possible definition of a constitution that was suggested by Lord Bolingbroke in 1733, which states that the constitution is whole assemblage of laws, institutions, traditions, customs and practices that embody how Britain is governed. It also provides another definition that looks at the British constitution in terms of the Hanoverian settlement, which was altered by subsequent statutes and conventions. The chapter emphasizes how a written constitution does not need to be contained in one document but must have a bounded set of such laws that are distinguished from other laws and whose status as the supreme and fundamental law is known, declared and explicit. It cites Canada’s constitution, which includes the Constitution Act 1867, the Constitution Act 1982, and a list of other statutes and orders-in-council specified in a schedule to the 1982 Act.

Chapters in this book

  1. Front Matter i
  2. Contents v
  3. List of Tables viii
  4. Acknowledgements ix
  5. Note on Cover Image x
  6. Note on Author xi
  7. Rediscovering Britain’s Wider Constitutional Tradition 1
  8. The Decline and Fall of the British Constitution 15
  9. Towards a Written Constitution 39
  10. Some Objections Answered 57
  11. The Westminster Model as a Constitutional Archetype 77
  12. Foundations, Principles, Rights and Religion 93
  13. The Crown, Prime Minister and Government 111
  14. Parliament I: Functions, Powers and Composition 135
  15. Parliament II: Privileges, Organization and Procedures 177
  16. Nations, Regions and Local Democracy 197
  17. Judiciary, Administration, Elections and Miscellaneous Provisions 217
  18. Constitution-Building Processes 231
  19. References 251
  20. Index 271
Westminster and the World
This chapter is in the book Westminster and the World
https://doi.org/10.56687/9781529200638-007

Chapters in this book

  1. Front Matter i
  2. Contents v
  3. List of Tables viii
  4. Acknowledgements ix
  5. Note on Cover Image x
  6. Note on Author xi
  7. Rediscovering Britain’s Wider Constitutional Tradition 1
  8. The Decline and Fall of the British Constitution 15
  9. Towards a Written Constitution 39
  10. Some Objections Answered 57
  11. The Westminster Model as a Constitutional Archetype 77
  12. Foundations, Principles, Rights and Religion 93
  13. The Crown, Prime Minister and Government 111
  14. Parliament I: Functions, Powers and Composition 135
  15. Parliament II: Privileges, Organization and Procedures 177
  16. Nations, Regions and Local Democracy 197
  17. Judiciary, Administration, Elections and Miscellaneous Provisions 217
  18. Constitution-Building Processes 231
  19. References 251
  20. Index 271
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