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The 1st edition of this seminal text was written as a response to the constitutional crisis of 2009, sparked by the ''expenses scandal'', which led a general distrust of our entire political order. A decade on, it is no exaggeration to say that the situation has dramatically deteriorated. The UK''s constitutional order faces an existential crisis, with Brexit placing unbearable pressure on the political and legal architecture. All this makes the need for a written Constitution more pronounced. Retaining the easily accessible style of the first edition, this book addresses how this might be put in place. Part 1 sets out a number of arguments in favour of a written Constitution, as well as the most common objections. Part 2 presents a working draft in the form of one possible model for a Constitution. Observations and explanatory notes are attached to each section of this draft Constitution. This model Constitution is intended as the first stage in a public debate, designed to provoke further discussion about the content and method of legislating into law a written Constitution. Part 3 contains the draft of the Act of Parliament that would be needed to introduce any form of constitutional change.Rarely has a book been more timely or essential.>
Préface
With Brexit placing unbearable pressure on the political and legal architecture of the United Kingdom, this accessible new edition addresses how a written Constitution might be put in place.
Auteur
Richard Gordon KC is a Barrister at Brick Court Chambers and is widely recognised as one of the leading silks in Administrative and Public Law and Human Rights/Civil Liberties.
Contenu
Glossary of Essential Terms Part 1: Setting the Scene 1. Outline of the Book 2. Why We Need a Written Constitution 3. Power to the People 4. Power Sustaining Devices 5. Parliamentary Sovereignty 6. No-one Ever Voted for Parliamentary Sovereignty 7. Why Parliamentary Sovereignty Doesn't Work 8. The Need for a Public Debate 9. The Virtues of Representative Democracy 10. Drafting a Written Constitution: The Practicalities 11. Contents of a Written Constitution 12. Repairing British Politics: The Proposals 13. Towards the Future Part 2: A Draft Constitution for the United Kingdom 1. The State and the Constitution 2. Lawmaking 3. The House of Representatives 4. The Senate 5. Executive Government 6. Emergency Powers 7. Political Parties 8. The Judiciary 9. Fundamental Rights, Freedoms and Responsibilities 10. The Citizens' Branch 11. Other Aspects of Government 12. Constitutional Conventions 13. Constitutional Changes and Referendums 14. Interpretation and Final Matters Part 3: The Constitution of Britain (Referendums) Act 1. Referendum on a Written Constitution 2. Second Referendum on the Content of a Written Constitution 3. Implementation of the Second Referendum 4. Supplementary 5. Schedules