THE UK

CONSTITUTION:
A summary, with options for reform.

CHAIR’S FOREWORD:
Parliament, through the Political and Constitutional Reform
Select Committee of the House of Commons, has spent the full
fixed five year 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 Robert Blackburn, we published ‘A new Magna
Carta?’ 1, a seminal and comprehensive work offering three
options for codification.

We then embarked upon an unprecedented public consultation. While

the responses to the consultation broadly favored a written
constitution, they also raised many views and options on what should
be its content. We make no presence that there is a consensus view
either among the public or the committee. Instead, we feel the debate
and discussion should go on.
Therefore what follows is a further draft of a much simplified, popular
version. It contains – in black text – a brief description of our current
constitutional arrangements and reference to the relevant sections of
the third blueprint published in ‘A new Magna Carta?’ and – set out
separately to 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
continue to 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.

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 recognize every citizen as an equal partner 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.
Through this undertaking, we remind one another of the benefits and
duties of citizenship enshrined in membership of the United Kingdom,
challenging ourselves to enact these principles throughout society.
Let our example stand as an inspiration to the peoples of the world,
and to their rulers and their governments.
Let our principles animate our dedication to peace and justice in
international affairs.
And let our united resolve grow ever stronger under the enlightened
auspices of this Constitution.

OUR DEMOCRATIC
SETTLEMENT:
The United Kingdom is a constitutional monarchy.
Possible alternative:
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 with power
devolved to the lowest appropriate level
Status:
The United Kingdom constitution is composed of the laws and rules
that create the institutions of the state, regulate the relationships
between those institutions, or regulate the relationship between the
state and the individual.
These laws and rules are not codified in a single, written document.
Constitutional laws and rules have no special legal status.
Possible alternative:
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.
Amendment:
Constitutional laws and rules may be enacted, amended or repealed by
Parliament using its ordinary legislative procedures.
Possible alternative:
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.

THE HEAD OF STATE:

The Head of State of the United Kingdom is the hereditary Monarch.
Possible alternative:
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
nonpolitical, and include:
•Granting assent to legislation approved by both Houses of Parliament;
•Appointing the Prime Minister;
•Appointing Ministers of the Crown;
•Granting honor’s 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.

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

Possible alternative:
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.
Possible alternative:
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 Prime Minister and Minsters are responsible to Parliament for the
exercise of these powers.
Possible alternative:
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.

THE LEGISLATURE:
PARLIAMENT:
The United Kingdom Parliament has two chambers, the House of
Commons and the House of Lords.
The United Kingdom Parliament may pass laws on any matter, without
restriction in law.
Possible alternative:
The United Kingdom Parliament shall have two chambers, the First
Chamber and the Second Chamber.
Laws passed by the United Kingdom Parliament must comply with the
provisions of the Constitution. Any laws that do not comply with the
Constitution shall be invalid.

THE HOUSE OF COMMONS:

The House of Commons is the First Chamber of the United Kingdom
Parliament.

Membership:
The House of Commons has 650 directly elected members, known as
Members of Parliament. Members are elected by simple majority
system, also known as First Past the Post.
Possible alternative:
The First Chamber shall have [500] directly elected members, known as
Members of Parliament. Members shall be elected by an electoral
system agreed by the people in a referendum.

Functions:
The main functions of the House of Commons are:
•To represent the peoples of the United Kingdom in all matters;
•To hold the government to account;
•To scrutinize and approve Bills as part of the legislative process;
•To authorize taxation;
•To scrutinize and approve the Government’s budget and planned
expenditure on an annual basis;
•To debate the public policies of and for the Government of the United
Kingdom.
Possible alternative:
The main functions of the First Chamber shall also include:
•To confirm the appointment of the Prime Minister and other
Ministers.
•To act in accordance with the values of this constitution.
The role of a Member of Parliament includes, but is not limited to:
•Participating in the work of the House of Commons;
•Representing and furthering the interests of their constituency;
•Representing individual constituents and taking up their problems and
grievances.
Possible alternative:
Making judgements balancing the interests of public, party and
conscience free from influence or coercion.
It is for each MP to decide how best to balance these tasks.

THE HOUSE OF LORDS:

The House of Lords is the Second chamber of the United Kingdom
Parliament.
Membership
The House of Lords is composed of Life Peers, 92 Hereditary Peers and
26 Lords Spiritual.
Life Peers are appointed for life by the Head of State on the advice of
the Prime Minister.
The 92 Hereditary Peers hold office for life. When a vacancy arises, it is
filled following a by-election, governed by the standing orders of the
House.
The 26 Lords Spiritual include the Archbishops of Canterbury and York,
the Bishops of London, Durham and Winchester, and 21 other Bishops
of the Church of England according to seniority of appointment.
Members of the House of Lords may resign their membership.
There is no limit on the number of members of the House of Lords.
Possible alternative 1:
The Second Chamber shall be subordinate to the First Chamber. It shall
have [500] voting members, directly elected to represent in proportion
the nations and regions of the United Kingdom.
Members shall be elected for a period of [fifteen] years and [shall/shall
not] be re-elected
The electoral system for elections to the Second Chamber and for
vacancies shall be decided by each of the nations and regions of the
United Kingdom.
Possible alternative 2:
The Second Chamber shall be a Chamber of Experts, with [350]
members.
Its members shall be appointed by the Head of State on the advice of
an independent commission.
Members shall be appointed for a period of [fifteen] years.
Members shall be appointed on the basis of recognized expertise in
their field. Members may be members of a political party, but may not
form party political groupings within the Second Chamber.

Powers/Functions:
The main functions of the House of Lords are:
•To hold the government to account;
•To scrutinize, amend and approve bills as part of the legislative
process.
The House of Lords has no power to veto legislation approved by the
House of Commons, save to veto any Bill which seeks to extend the life
of a Parliament beyond 5 years.
Possible alternative:
The primary function of the Second Chamber shall be to scrutinize and
amend Bills approved by the First Chamber.
The Second Chamber shall pay special regard to Bills that would reform
the Constitution. Such Bills must be approved by a majority of two-
thirds of the members of the Second Chamber.
The Second Chamber may also veto a Bill that has been approved by
the First Chamber if the Bill is considered to be contrary to the
independence of other institutions including Local Government, human
rights or any other provisions of the Constitution.

DEVOLVED GOVERNMENT
OF THE NATIONS, REGIONS
AND LOCALITIES:
Devolved Government of Nations and Regions

There are devolved parliaments and assemblies in Scotland, Wales and

Northern Ireland. There is an assembly in Greater London.
The powers and functions of these devolved parliaments and
assemblies are determined by laws passed by Parliament.
These laws may be amended or repealed by Act of Parliament.
Local government
There are directly elected local authorities in all areas of the United
Kingdom.
Local authorities are bound by Acts of Parliament in respect of powers
to raise taxes, and to promote the economic, social and environmental
well-being of the areas that they represent.
The powers, funding and responsibilities of local authorities are
determined by law
Possible alternative:
The United Kingdom shall operate on the basis of the guiding joint
principles of union and devolution.
Permanent devolved parliaments and assemblies in Scotland, Wales &
Northern Ireland shall be established as parts of the Union, and they
may make national constitutions which respect this federal
Constitution.
Devolution in England shall be in the form of independent local
government, to which shall be assigned a proportion of national income
tax.
The freedoms and duties of local government in England shall be
defined in an Independent Local Government Act. Such an Act may only
be amended with the agreement of two-thirds of the members of each
House of Parliament, and of the majority of people voting in a
referendum.
THE JUDICIARY:
GENERAL PRINCIPLES
The judiciary is independent and impartial.
Ministers must uphold the principle of judicial independence.
There are separate courts systems in England and Wales, Scotland and
Northern Ireland.
The most senior court in the United Kingdom is the United Kingdom
Supreme Court. The Supreme Court is the final court of appeal on all
matters, except criminal appeals in Scotland.
Appointment of judges
Senior judges are appointed by the Head of State on ministerial advice.
The procedures for selecting candidates for judicial office are set out in
Acts of Parliament.
Appointment to judicial office must take place on the basis of merit.
When selecting candidates for judicial appointment, regard must be
had for the need to promote diversity among the judiciary.
Functions
The primary functions of the judiciary are to:
•Uphold the rule of law and the rights of individuals;
•Adjudicate on any disputes that are brought before them, and;
•Maintain the administration of civil and criminal justice.
The judiciary is responsible for the development and application of the
common law.
The judiciary must interpret and apply laws enacted by Parliament.
There is no power to strike down laws enacted by Parliament.
Possible alternative:
The judiciary shall have the power to strike down laws that are found
to be inconsistent with the Constitution.
OR
The judiciary shall have the power to issue a declaration of
unconstitutionality in respect of a law that is found to be inconsistent
with the Constitution.

BILL OF RIGHTS:
The following rights, deriving from the European Convention on Human
Rights and expressed in the Human Rights Act, are available without
qualification to all persons within the United Kingdom:
•Everyone has the right to life;
•Everyone has the right to be free from torture, inhuman or degrading
treatment;
•Everyone has the right to be free from slavery and forced labour;
•No-one may be found guilty of a criminal offence if their actions did
not amount to a criminal offence under national or international law at
the time of their commission.
The following rights, deriving from the European Convention on Human
Rights and expressed in the Human Rights Act, which may be qualified
by law are available to all persons within the United Kingdom:
•The right to liberty and freedom from arbitrary arrest and detention;
•The right to a fair trial;
•The right to respect for private and family life, home and
correspondence;
•The right to freedom of thought, conscience and religion;
•The right to freedom of expression;
•The right to freedom of assembly and association;
•The right to marry and found a family;
•The right to peaceful possession of property;
•The right to education;
•The right to take part in free and fair elections, held at regular
intervals.
The enjoyment of these rights is secured without discrimination on any
grounds.
Possible alternative 1:
There shall be a Bill of Rights which sets out the rights to be protected
and enforced within the United Kingdom.
Possible alternative 2:
All persons shall be equal before the law and shall be entitled to the
equal protection of the law, without discrimination.
Possible alternative 3:
The rights of certain groups within society shall be given special regard,
in particular the rights of:

•Children.
•Older people.
•People with disabilities.
Possible alternative (additionally):
The following social and economic rights shall be available to all
persons within the United Kingdom. These rights may not be enforced
by the courts, but instead shall be principles to guide the work of the
Governments and Parliaments of the United Kingdom and of the
devolved assemblies:
•The right to an adequate standard of living, including adequate food,
clothing and housing;
•The right to social security;
•The right to receive adequate healthcare, free at the point of use;
•The right to work in an occupation freely entered into, in a safe
environment;
•The right of workers to resort to collective action, including the right
to strike.
Status in law
The rights protected in the Human Rights Act apply as follows:
•It is unlawful for public authorities to act in a way that is inconsistent
with the protected rights;
•As far as it is possible to do so, courts must interpret legislation so
that it is consistent with the protected rights;
•Where a compatible interpretation is not possible, a declaration of
that incompatibility may be made. Such a declaration does not affect
the validity or application of that legislation.
Possible alternative:
The rights protected in this [Constitution/Bill of Rights] shall have a
special legal status.
Any law which is not consistent with the protected rights shall be
invalid.