Invitation to Debate UK Democracy and State Constitution

[INIREF I&R]

Invitation to Debate UK Democracy and State Constitution

www.iniref.org

Below we quote text from a presentation by Unlock Democracy (UK). The original, colourful version may be found here https://unlockdemocracy.org.uk/what-is-it

We invite our readers to consider if we, residents of Britain and Northern Ireland, have a satisfactory constitution of state. If you consider that reforms are needed, what should these be?

QUOTE
What’s a Constitution?
A constitution is a set of rules governing a state. It is a tool that can define the relationship between citizen and state, organise and constrain government power, and set out rights and freedoms

What kind of constitutions are there?

There are two main types: codified and uncodified

A codified constitution - or a written constitution, is usually a single document with all the dos and don’ts of the social contract between the state and the citizens

An uncodified constitution - or an unwritten constitution, is made up by a set of rules, some can be written down and others can be agreed as conventions (which aren't {Ed.: may not be} legally enforceable)

What’s the role of the constitution in a democracy?

Constitutions can define the shape of a state:

Federal or Unitary
In a federal system each state, province or region has significant authority; in a unitary system, the national government is supreme

Parliamentary or Presidential
In a parliamentary system, voters elect a legislative branch who elect a prime minister; in a presidential system, voters elect both a legislative branch and a president

Unicameral or Bicameral
A bicameral legislature has two separate assemblies, chambers, or houses; in a unicameral legislature, members vote as a single group

Power rotation
Establishes how long a candidate or party can hold power

Judges’ role
Defines what a judge can do and for how long - this could be tenure for life or for a limited period of time

Constitutional amendments
Sets out how to make constitutional changes - like referenda with the public’s participation

Every constitution is different, but they can include:
A bill of rights to define what the rights of citizens are
Socio-economic rights to guarantee rights like access to adequate housing and education
Judicial review to determine whether a supreme court can or cannot review the lawfulness of a decision made by a public body

What can a constitution do?
Define the role of power - how are laws made, who by and who for
Protect our rights and freedoms
Make it clear what to do when power is abused

Constitutions can... {Ed: Arguably, should...}
Reflect the values of the people
Come from a consensus among those who are subject to its limits and afforded its protections.

UNQUOTE

Circulated by www.iniref.org , where you can find further texts about democracy and constitution

You can debate or comment at
UK.POLITICS.MISC (not for the faint hearted ...) and
DEMOCR@CY FORUM https://groups.yahoo.com/neo/groups/democracy-forum/info

Contributions may be sent to us by e-mail to <info AT iniref.org> and will be considered for publication at the INIREF web site www.iniref.org

[INIREF I&R]

21/22 June 2020
Neal Ascherson replied:

"There's a fundamental error in this summary. In a unified state, the national parliament is NOT the supreme authority. The Constitution is. That's the whole point.
Neal Ascherson" *

* Neal Ascherson is a journalist and writer. For many years he was foreign correspondent and then columnist for the (London) Observer. Among his books are The King Incorporated: Leopold the Second and the Congo (1963; Granta, 1999); The Struggles for Poland (Random House, 1988); Black Sea (Farrar, Strauss & Giroux, 1996); and Stone Voices: The Search for Scotland (Granta, 2003) https://www.opendemocracy.net/en/author/neal-ascherson/

[INIREF I&R]

Iniref replies to Neal Ascherson:

We agree that the elected (or other) parliament should NOT be regarded as supreme or "sovereign" in the state. In a democracy that must be the people, the "demos", acting through the electorate.

To be fair to the Unlock Democracy** authors of "What's a constitution" (below) – they do not mention who or which body or organ is supposed to be "supreme".

Good that Neal Ascherson has made this point because the question, "In a democracy, who holds and who should hold ultimate authority to make law or constitution and to decide state policy?" is of central importance.

Compare the article "Citizen-led democracy is essential for sustainable constitutional reform" linked on the web page http://www.iniref.org/latest.html

Regards to all