Andy Burnham has said his radical plans to devolve power away from Westminster will “increase the case” for a written constitution.
The lack of a codified constitution “disempowers” areas that have suffered from deindustrialisation and decades of neglect by central government, said the new PM. A desire for equal standards of living across England’s economically disparate geography must be the “cornerstone” of any constitutional settlement.
‘Crisis of trust between citizens and state’
The UK’s current unwritten constitution is made up of a “a vast and contradictory morass of legal statutes, court precedents, codes of conduct, scholarly opinions, treaties, traditions, gentlemen’s agreements and unwritten rules”, said George Monbiot in The Guardian. It is about “as easy to follow as a fishing line washed ashore after months at sea, bundled and ravelled in weed and tar”.
This “allows great scope for interpretation, which ruthless operators readily exploit”. Without a clearly defined constitution, there is nothing to stop a government with a safe majority from turning the UK in a “blatantly authoritarian” state.
Codification would help “redistribute authority”. But it would need to be debated “alongside the wider settlement on electoral reform, a regional second chamber and executive accountability”, said an editorial for The Burnham Programme, which tracks the PM’s plans for “national renewal”.
Constitutional reform is “unlikely to be a hot topic or a big vote winner at the next election”, said Lucy Jolin in the Cambridge University alumni magazine CAM. But while “it might sound very removed from the reality of our lives”, the process of agreeing a new constitution “could, in fact, be a tool to address a very obvious crisis that governments across the world are facing: a crisis of trust between citizens and state”.
‘Virtually nothing is off the table’
Recent crises – from Brexit to the attempted prorogation of Parliament by Boris Johnson to Covid – have put the UK’s constitution into the spotlight. But, “far from being inadequate, irrelevant or even damaging”, it has “performed adequately – if not admirably at times”, said Brian Jones in a 2023 paper for the Institute for Government and Bennett Institute for Public Policy.
If anything, the UK system does a better job of allowing and incorporating change than most written constitutions. These codified systems “either take items off the table or make it more difficult to update constitutions”, whereas “in the UK virtually nothing is off the table”. As such, it is better suited to adapting to “political, legal, economic and cultural change”.
The “flexibility” of the British constitution means Andy Burnham, “having never won a general election and with no mandate or manifesto to call upon, can simply announce a whole series of reforms to devolution in England”, said Lee David Evans, a historian of the Conservative Party, on UnHerd.
If the UK had a written constitution, where the “relationship between devolved and central authority was much more rigid, his recent policy announcements would be much more difficult – perhaps even practically impossible”.