A written constitution: We the people of Britain

By Ralph Baldwin

Just over a year ago, I wrote a letter to Jack Straw that was kindly forwarded to him by Stephen Timms. That same evening I also wrote an email and sent it to Conservative Head Office for the attention of David Cameron.

After leaving the armed forces I was amazed at the gap between politicians and people in general. Having spoken to many people and re-aquainted myself with civilians and breaken unnecessary military habits, it seemed to me completely palpable, even before the expenses saga broke.

I spent a great deal of time attempting to sum a solution to this issue and it came down to one in my mind. We need something solid, potent and powerful to address many of the issues facing the UK: a written constitituion for the United Kingdom, with respect to the unique and special natues of England, Scotland, Wales and Northern Ireland.

This country seems to have had a loss of self-belief, born out of a lack of constitutional protections for the people, and of course a simple ideals or value system that would be more “gentle” and less comprehensive so as to be engaged and enjoyed by all without being a wholistic belief system that we Brits tend to be naturally wary of (and for good reason).

It must not repeat the mistakes of the HR Act. In fact it must not be a statute at all and MPs should only be a part of the process of writing it – if they had control over it, they might twist it or change it so as to have thier name attached to it in an attempt to be recorded in history as more than a pretentious opportunist. Besides, for a constitution to be widely used, accepted and admired it would have to be greater than the argument of the political parties. Indeed, it would have to be stainless or lose all credibility.

To protect the genesis of this document, a constitutional court would have to be set up immediately to prevent the interferance by political parties in seeking to abuse the it. The structure would be in two parts. Firstly the “Peoples” component, and the latter part the codified summarisation of the structures and rules, presumptions therein and “guarantors” of the separations of state.

In devising the first part – the People’s aspect – the constitutional court must, with the assistence of specialist experts in this field and with a people’s jury, devise a form to be completed by the people, individually. The document itself can use the “selected” statements taken from other constitutions with some additions (I fail to see the point of us having a Civil War to make a Constitution when we can use the experience of others).

The most popular statements (arranged in categories) will cover the values, rights and responsibilites that we the people hold dearest and that we feel are tied to our identity as UK citizens that we want preserved and encouraged. This is non-actionable stuff and is to be used by courts in decision making and determining “responsible” and “irresponsible” behaviour. It would be for schools and parents to (at thier discretion) to refer to in understanding their rights and what society expects from them without impairing our natural freedom to ultimately choose, becaue to dictate would be counter to the whole point of a constitution that preserves our freedom and democracy.

Also we would decide upon the conduct that is acceptable by those who “represent us” in public and how such individuals are dealt with.

Returning to the process of enacting the document, we should hold an official holiday (or day designated for individual convenience) upon completion of the form which is distributed to local council level, or Parish if necessary. People arrive, tick the boxes, add any additional comments on the final (blank) page. The data is collated, double checked and then triple checked by the police.

Once collected and collated the end document forms the first foundation document belonging to the people of the UK and any relevant (by implication) alterations are made to our constitutional structures and embedded in the document, which will be the Codified Summary Constitutional Settlement.

The final written constitution will exist to ensure our politicians my not enact laws that deprive the freedoms we choose and it will make them fully answerable to us. The final document is copied and the original to be held at Buckingham Palace under the protection of the Monarchy (unless everyone chooses a Republican format, which I seriously doubt).