Writing the United Kingdom Constitution

Author: Brice Dickson

This book is about what steps should be taken to ensure that the United Kingdom does not fragment. It examines the state of play concerning the devolution of powers in the UK and considers the impact which the Brexit process could have on devolution in the future. It contributes to the debate about what a post-Brexit UK should look like and whether now, at long last, the nation needs a comprehensive written Constitution. After looking at the present situation concerning the protection of human rights in the UK, and by drawing lessons from the experiences of four other common law countries in operating written Constitutions – the USA, Canada, Australia and Ireland, it concludes that the UK should not seek to acquire a single written Constitution and that a much more useful advance would be to turn the nation into a federation. Far from endangering the Union, which is already fragile, a formalised federal structure could strengthen the bonds between the four constituent parts of the UK and encourage all of its people to strive towards upholding a value-based set of national goals articulated in legislation. The book argues that a Constitutional Reform Act should be enacted to create the federation, while retaining the country’s name as ‘the United Kingdom’. The same Act should make related reforms such as reconstructing the House of Lords, adopting a UK Bill of Rights and creating a fairer method for deciding how funds should be allocated by central government to the three devolved regions.

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