1. CHAIR’S FOREWORD
Parliament, through the Political and Constitutional Reform Select Committee of the House of Commons, has spent the full fixed fiveyear term of the 2010 Parliament looking at the path to possible codification of the United Kingdom’s constitution. In a unique collaboration with a team from the Centre for Constitutional and Political Studies at King’s College London, led by Professor RobertBlackburn, we published ‘A new Magna Carta?’1, a seminal and comprehensive work offering three options for codification.
We then embarked upon anunprecedented public consultation.While the responses to the consultation broadly favoured a written constitution,they also raised many views and optionson what should be its content. We makeno pretence that there is a consensus
view either among thepublicor thecommittee. Instead, we feel the debate
and discussion should go on.
Therefore what follows is a further draft of a much simplified, popular version. Itcontains – in black text – a brief description of our current constitutional arrangementsand reference to the relevant sections ofthe third blueprint published in ‘A new Magna Carta?’ and – set out separatelyto facilitate comparisons – a number of options which emerged from the consultation. These options are illustrative and not exclusive. They are designed to initiate further discussion, and perhaps fierce argument, to inform the 2015
general election campaign and to continueto the end of the year of the 800th anniversary of Magna Carta, into a possible constitutional convention and beyond.
A refreshed Parliament will collate your further ideas on a codified constitution and, when our political leaders are ready,they will have a ready-crafted document and set of responses to help them to deliver to the British people – should they wish it a codified constitution of their choice.
Graham Allen MP
Chair of the Political and Constitutional
Reform Select Committee
2. PREAMBLE
United, we stand in celebration of the diverse voices that make up the great chorus of our nation. Confident in our individuality, and steadfast in our shared values and common purpose, we—the citizens of the United Kingdom of Great Britain and Northern Ireland—have come together in the spirit of self-determination in order to establish the principles of our law and governance.
By this act, we create for ourselves a sovereign state, animated by many spirits, accountable to all. Conscious of the responsibility that we bear to future generations—and of their role in defending and regenerating this Constitution—we lay down maxims crafted to promote civic harmony, mutual tolerance, universal wellbeing, and social and political freedom.
We embody these ideas in democratic government, and enshrine them in a system of law. And we empower each citizen to reform this design, by democratic process and political debate. By popular mandate, we establish this Constitution:
- To recognise every citizen as an equalpartner in government—at a local,
regional, and national level. - To affirm that each citizen is entitled to fair and equitable treatment under the law.
- To establish the principle of equality of opportunity for all citizens.
- To eradicate poverty and want throughout the nation.
- To protect and cultivate community identities within the four great countries of the union: England, Scotland, Wales, and Northern Ireland.
- To preserve our common environment, and to hold it in trust for future generations.
- To safeguard freedom of thought, conscience, and assembly; and to facilitate peaceable dissent.
- And to protect these fundamental rights against the encroachment of tyranny and the abdication of reason.
3.The United Kingdom is a constitutional monarchy.
The United Kingdom shall be a democracy where the people are sovereign. There shall be a separation of powers guaranteeing an independent and elected executive and legislature, and an independent and impartial judiciary. The United Kingdom shall operate as a Union of nations withpower devolved to the lowest appropriate level.
These laws and rules are not codified in a single, written document.
Constitutional laws and rules have no special legal status.
The Constitution of the United Kingdom shall be the basic law according to which the United Kingdom shall be governed. The Constitution shall have the highest legal status and all other laws and rules must be consistent with it.
4. Amendment
Constitutional laws and rules may be enacted, amended or repealed by Parliament using its ordinary legislative procedures.
There shall be a Commission for Democracy, which shall keep under review the operation of the Constitution. Amendments to the Constitution may be proposed by the Commission for Democracy, by the Government, or by either House of Parliament.
The Constitution may only be amended following approval by:
- Two-thirds of the members of both the First and Second Chambers of Parliament, and
- The majority of people voting in a referendum.
5. THE HEAD OF STATE
The Head of State of the United Kingdom is the hereditary Monarch.
The Head of State of the United Kingdom shall be directly elected by the people.
OR
The Head of State shall be nominated and approved by both Houses of Parliament.
The Head of State must be a British Citizen, and must be over 18 years of age.
The Head of State’s term of office shall be [10] years, which may be renewed once.
Powers
The powers of the Head of State are formal, ceremonial and non political, and include:
- Granting assent to legislation approved by both Houses of Parliament;
- Appointing the Prime Minister;
- Appointing Ministers of the Crown;
- Granting honours and titles;
- And any other powers as may be accorded to the Head of State.
The Head of State must act with strict political neutrality. The Head of State exercises these powers on the advice of the Prime Minister.
6. THE EXECUTIVE
THE PRIME MINISTER
The Prime Minister is the Head of the United Kingdom Government.
The Head of State appoints as Prime Minister the member of the House of Commons who can command the confidence of the House of Commons.
The Prime Minister remains in office until either:
- Following a General Election, the Prime Minister is no longer able to command the confidence of the House of Commons, or
- The Government loses a vote of no confidence in the House
of Commons and a replacement government cannot be found
within 14 days, or - The Prime Minister resigns.
The Prime Minister shall be directly elected by the people
[in a two-round ballot].
OR
The Prime Minister shall take office following nomination and confirmation by the House of Commons.
The Prime Minister’s term of office shall be 5 years, renewable.
CABINET
The Cabinet consists of the Prime Minister and senior Ministers and is the collective leadership of the United Kingdom Government.
Ministers must be members of either House of Parliament and are appointed and dismissed by the Head of State, acting on the advice of the Prime Minister.
The maximum number of holders of ministerial office entitled to sit and vote in the House of Commons at any one time is ninety-five.
Ministers shall be appointed by the Prime Minister and hold office at his or her discretion.
Cabinet level appointments shall be ratified by Parliament.
Powers of the Executive
The Executive exercises powers on the basis of an Act of Parliament, the common law or convention.
The common law powers of the Executive include, but are not limited to:
- Declaring war and committing troops to armed conflict;
- Signing treaties and international agreements;
- Granting passports;
- Issuing pardons.
The powers of the Executive shall be listed in a Prime Ministerial Powers Act, which may only be amended by a majority of two thirds of the members of each House of Parliament.
The Act shall specify the Prime Minister’s duties in respect of all matters including war-making, treaty-making, and initiating legislative action for the public good.
The Prime Minister and Minsters shall be accountable to Parliament for the exercise of these powers.
