Saturday, May 12, 2007
A Constitution for Vanity
Today's headlines about Gordon Brown's various plans for his Premiership are interesting, if rather dull, since he is only reannouncing plans he announced last September, despite all the fuss.

The worst one has to be, of course, his plans to introduce a written constitution. I can't think of anything more damaging than a new Prime Minister with only a few years (for certain) to make his mark embarking on an ill-advised ego-inspired demolition the UK's constitutional settlement.

As we grow ever nearer the end of the process to separate the Law Lords from the House of Lords, creating a 12-man "Supreme Court", you have to ask, if we're going to have a written Constitution and an elected second chamber as well, why don't we just pledge allegiance to the bloody flag and have done with it?

Having a written constitution, even a bare bones one, is an indisputable mistake. We simply don't need it. Written constitutions are for new countries in need of an operational framework. The U.S. Constitution has shown us many lessons of why we shouldn't have something like that:
  • How often does their constitution get amended? It's taken 200 years for the smallest incremental steps to take place. For example, compare the Dunblane Massacre of 1996 over here with the recent mass murder at Virginia Tech University over there. The right to bear arms is enshrined in the U.S. Constitution. Here, it took barely a year to have guns banned and, despite not solving all of the problems of gun crime, we haven't had another incident on that scale. It's a simple fact that written constitutions can make passing legislation slower and harder.
  • Disproportionate power would be given to the judiciary if our newly made Supreme Court is to be the deciding body on what the constitution does and does not say, as it is in the U.S.
  • Who gets to write this Constitution? It will inevitably be a document of some controversy and not everyone will agree to its terms. Does any one politician, judge, or indeed Prime Minister, really have the right to be the decider of the entire length and breadth of our values, at a time when the mandate to govern is so flimsy considering how few bother to go out and vote nowadays? This problem is doubly true of an arguably unelected Prime Minister, as Gordon Brown will be. A more unsuitable premier to bring about such a monumental change I can't imagine.
  • A written constitution safeguards the values of today, not tomorrow. For example, 200 years ago, slavery was perfectly permissible, and hence it was enshrined in the U.S. Constitution. It took an incredible amount of time and hard work to get that overturned. The scars of this struggle still exist today. My point is, the values of our nation will grow and change as time goes by, and we have no right to straight-jacket future generations.
The only way a written constitution would work here would be to have the process of amendment be made very straightforwards. In which case, what's the point of it? Our current unenshrined constitution is the fluid movement of values, capable of incorporating both precedent and other documents like the Magna Carta's edicts and the Human Rights Act with relative ease.

To force upon us a written constitution would be nothing more than an act of vanity on the part of Gordon Brown; his own little guaranteed footnote in the history books. Quite a selfish start to his premiership, I have to say.
4 Comments:
Manfarang said...
The Commonwealth of England, Scotland and Ireland had the world's first codified and written constitution-the Instrument of Government.
It was this that inspired the Americans when it came to drafting their own constitution in which the word slavery does not appear.
The Second Amendment really refers to a well regulated militia.In the early years of the republic a standing army was not maintained.
Resisting change is what true conservatism is all about!

Martine Martin said...
You rather prove my point in a way. The US Constitution didn't need to use the word "slavery" to sanction it wholeheartedly. Just as the sanctioning of the right to bear arms is not as explicit as it might be made out to be.

What matters is always interpretation. And we would have exactly the same issues and arguments were we to have a similar document.

I disagree with your last sentence entirely. A desire to conserve the past doesn't not automatically equate to a resistance of change at all. Only that change always make reference to precedent rather than coming out of the blue, for change's sake. Where's the problem in that?

If anything conservatism is about resisting state interventionism over the rights of the individual. Since a written constitution can tend to be the ultimate expression of government doctrine, it's natural that conservatives should be very wary of it for this reason. Resisting change is neither here nor there.

Manfarang said...
The founding fathers in America set up a republic not a democracy.
Remember slavery didn't exist in the northern states so I would hardly say the US constitution sanctioned it wholeheartedly.
Of course this led up to the War between the States.The American civil war was about State rights not slavery as such.
We seem to be at a point of breakup of the United Kingdom.The Tories are awash with little Englanders with their demand for an English Parliament.
Maybe a written constitution would help conserve the union,which would be no bad thing.

Martine Martin said...
You're still missing the point. Just because the Northern States didn't act on it, didn't mean the Constitution didn't sanction slavery. But it was based in large part on the writings of John Locke, who was a believer in slavery. But enough of the boring history lesson.

I wouldn't say we're "awash" with campaigners for an English Parliament. You do love to make things up to suit your own arguments! We're concerned about the inequalities north and south of the border and the West Lothian question etc..., sure, as any supporter of the union must be. Those seeking an English Parliament are a vocal minority but they're still a minority. After all, one thing we are definitely opposed to is a bigger state.

Why on earth would we want yet another layer of gravy on the train? It can be solved in so much simpler ways.

But now we're completely leaving the topic.