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Great Charter Convention

As both a constitutional lawyer, albeit one specializing in the United States, and a political scientist, I followed with great interest the recent vote in Scotland regarding potential secession from the United Kingdom.  From an entirely detached academic perspective of someone with no affiliation with the United Kingdom or any of its regions, the final outcome almost did not really matter.  It is simply the case that the actual affirmative vote to remain within the United Kingdom generates different, but still fascinating, questions from those that would have occurred had those supporting secession prevailed.  In the latter case, there would have been much discussion, no doubt, about the mechanics by which Scotland would become truly independent and, crucially, whether it would have easily …

Much has been made of backroom deals between the Chancellor George Osborne and Manchester City Council’s chief executive Sir Howard Bernstein to deliver the most significant devolutionary settlement of Whitehall budgets in England. The price of the deal is an elected mayor, who from 2017, will oversee significant sums of devolved spending, answerable to a cabinet made up of the ten council leaders of the Greater Manchester authorities. For some attending a cities@manchester debate earlier this week, the imposition of an elected mayor is seen as an unwelcome and undemocratic step. But this view underplays the way in which this deal represents the culmination of over ten years of hard work and commitment by all the region’s elected leaders (and their officers) to collaborate …

From June, Greater Manchester will get an interim mayor as part of a deal with the Government on regional devolution. But its imposition without a referendum is a fundamental error by the political elite that may well backfire, argues Professor Colin Talbot. ‘Mayors’ seem to have become the default answer of many in the political elite to the problems of local government and governance in the UK, or more specifically England. Linked to the idea of English devolution as an answer to Scottish ‘home rule’ this has become a heady brew. But maybe it’s time to ask some sober questions about this project of ‘Devo Manc’, at least in terms of the proposed system of government for Manchester. My argument is, …

Inbuilt within the United Kingdom is the potential for instability. It is a multi-nation state, like Belgium, Canada, Spain and – some would say – the European Union. At present, it consists of three nations – Wales, Scotland and England; and a fourth territory, Northern Ireland, the status of which is complicated and controversial. This internal differentiation is not necessarily a weakness. But it has at times been a source of problematic tension. Pressure for more autonomy, or even secession, has come from within some of the national groups incorporated into the UK. Early in the history of the state, during the eighteenth century, Scottish Jacobite rebellions took place. The place of Ireland within the UK has often been a …

The idea of a ‘citizen’s income’ has made a real splash on the UK political agenda. The new year started with the Green party announcing a universal, non-means tested weekly payment of £72 to every British adult as its flagship economic policy, only to drop it this week from the party election manifesto after the programme’s costing failed to withstand rigorous scrutiny. Despite this step back, the citizen’s income idea may still feature in the election debate, given calls late last year by key Liberal Democrats for a universal basic income to become official party policy. And while the Greens have distanced themselves from the policy for the duration of the election, Green MP Caroline Lucas has identified the scheme as a long-term …

Recently the Political and Constitutional Reform Committee ran an open public competition to find who can write the best Preamble – or introductory statement – for a modern Written Constitution for the UK. We are delighted to announce that Richard Elliot, a DPhil student at Jesus College, Oxford, was selected as winner in the public category. His Preamble reads, 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 …

The first issue concerning a written constitution for Britain is: Where is the demand coming from? Contemporary organised demand for constitutional reform traces back to the late 1970s, yet even before then, isolated intellectuals – ‘a voice crying in the wilderness’ – had tried to make an issue out of a written constitution for Britain that would include a Bill of Rights. The term ‘norm entrepreneur’ is sometimes used in politics and international relations to refer to pioneers who, dissatisfied with the status quo, take action to change it at their own initiative. They may make an impression on the world even if their personal cause ultimately fails. A norm entrepreneur is typically an individual, but may be a collective actor …

In 2010, the UK’s underspecified caretaker conventions caused the “Squatter in Downing Street” controversy, when Gordon Brown remained in office after Labour’s election defeat, pending the completion of the coalition negotiations. Pollsters predict another hung parliament in May this year and potentially protracted coalition negotiations. Yet, the country still lacks adequate rules to govern caretaker situations, which gives rise to considerable risks. Caretaker periods and their attendant challenges are universal to parliamentary democracies. The government’s mandate to exercise its executive powers stems from its ability to command the confidence of parliament. However, there are points in every parliament’s lifecycle when no government can lay claim to such support—between parliamentary dissolution and a general election; after a general election and before …