Invitation to Debate UK Democracy and State Constitution /Early discussion

[in...@iniref.org]

Invitation to Debate UK Democracy and State Constitution /Early discussion

The Campaign for Better Democracy GB

http://www.iniref.org


Invitation to Debate UK Democracy
and State Constitution

Contents
1. Opener: Invitation to Debate UK Democracy and State Constitution
Plus replies
2. Human dignity as a basic principle in constitution making and law?
Plus discussion about this.

1. Invitation to Debate UK Democracy and State Constitution

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
** Unlock Democracy was formed some years ago in a fusion of two organisations, Charter 88 and New Politics.

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 ...) or
DEMOCR@CY FORUM or
LINKEDIN

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


Replies

Neal Ascherson (bio-sketch below*) 21.06.2020 wrote:
> 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 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" (above) – 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



2. Human dignity as a basic principle in constitution making and law?

Invitation to Debate UK Democracy and State Constitution 2

Request for comments, suggestions and debate

United Kingdom of Great Britain and Northern Ireland
towards a
New Bill of Rights OR Magna Carta Nova


Constitution of state should ideally be an agreement among a "super"majority of the population rather than a set of principles and rules imposed by authority such as a government, a dictator or a deity.

Seeking ways to realise this ideal, we ask

how can we citizens of GB and N. Ireland progress towards agreement on basic principles? Such agreement would be aimed, over time, to lead to some development of new constitutional consensus, law and/or practice, whether written, "codified" or unwritten.

We will pose some questions – say one at a time – and we invite people to suggest others.

First, can we agree on the following principle, which may be found, variously formulated, as a basic principle, in constitutions of other states? –


The dignity of the human person shall not be violated



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GB campaign for better democracy
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comments by e-mail to <info AT iniref.org> (replace AT with @)
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DISCUSSION

Jim Fisher replied, July 2020 (part)
> That seems to me to be a statement on which agreement would be easy to obtain, but unfortunately it is so wide open to various interpretations as to be of no practical use. For example, would it ban abortions on the grounds of violating the dignity of the foetus? On the other hnad, would it ban laws restricting abortion as violating the dignity of the reluctant mother? How do you define "dignity" for this purpose? I'm sure many other such questions could be raised. Constitutional provisions need to be carefully worded so as to legally water-tight.

INIREF wrote:

Looking at a few constitutions and similar it seems that the principle of protecting human dignity is seen as fundamental and basic to having other rights such as health, education and democracy.

In the Universal Declaration of Human Rights 1948 the first pre-amble paragraph reads, "Whereas recognition of the inherent
dignity and of the equal and inalienable rights of all members
of the human family is the foundation of freedom, justice and
peace in the world." An explanation of this is offered: "The
dignity of the human person is not only a fundamental right in
itself but constitutes the real basis of fundamental rights." (1)
1. Explanation by FRA European Union Agency for Fundamental
Rights https://fra.europa.eu/en/eu-charter/article/1-human-dignity

An example of a state constitution Sweden: The principal content of the fundamental laws and the Riksdag Act..
The Instrument of Government
Chapter 1. Basic principles of the form of government
Art. 2. Public power shall be exercised with respect for the
equal worth of all and the liberty and dignity of the individual.
The personal, economic and cultural welfare of the individual
shall be fundamental aims of public activity. In particular, the public institutions shall secure the right to employment, housing and education, and shall promote social care and social security, as well as favourable conditions for good health. (Etc.) (2016, Sverige Riksdag)

I think that "dignity" can be one important foundation stone for building a good constitution of the people.

<snipped related topic to be discussed later>

Good wishes
Michael

INIREF
Campaigning for better democracy and state constitution in the UK and its countries www.iniref.org

Jim Fisher wrote 17 07 2020
Hi Michael,

Thanks for the reply. Yes, I am aware that many written constitutions make
reference to preserving human dignity, but I have yet to see one which actually defines what it is, and without that I don't see how any guarantee can be legally enforceable (which is the point of any constitutional provision as I see it. Such a definition could undoubtedly be produced and included, and
I would then be happy with that.

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Thread/ discussion documented at http://www.iniref.org/record57.html

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Human dignity as a basic principle in constitution making, law and communal life (related topics to follow)

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