Beyond Magna Carta : a constitution for the United Kingdom

Author(s)

    • Blick, Andrew

Bibliographic Information

Beyond Magna Carta : a constitution for the United Kingdom

Andrew Blick

Hart Publishing, 2015

  • : hbk

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Includes bibliographical references and index

Description and Table of Contents

Description

The 800th anniversary of Magna Carta falls in June 2015. In this work Dr Blick argues that this event should be the occasion for a reassessment of the past, present and future of the UK constitution. He draws on his experience as research fellow to the first ever parliamentary inquiry into the possibility of a written constitution for the UK. Dr Blick considers a series of English and UK historical texts from Anglo-Saxon times onwards, among which Magna Carta is the most prominent, which sought to set out arrangements for the governance of England and later the UK as a whole. He argues that they comprise a powerful tradition of written constitutional documents, and stresses the importance of the European dimension to their introduction and content. The author then considers the present nature of the UK constitution, describing the period of immense flux through which it has passed in recent decades, and the implications of this phase of change. Dr Blick identifies a need for a full written constitution for the UK as the next appropriate step. Finally, he discusses the democratic processes suitable to devising such a text, and what its contents might be. 'With this book Andrew Blick has made a major contribution to our understanding of how our system of government has worked in the past, how it is working - or not working - now, and what it could be in the future. Combing the centuries, he challenges many misconceptions and makes a powerful case for a written constitution. This volume is absolutely essential to anyone who wants to appreciate the real meaning of Magna Carta and why we should celebrate it.' Graham Allen MP, Chair, House of Commons Political and Constitutional Reform Committee 'Beyond Magna Carta brings together the utility of a road map with the fascination of a changing cartography of political thought - all part of the constitutional development of these islands from the Great Charter of 1215 to the confusing aftermath of the Scottish Referendum of 2014. It is a superb work of explanation capped by intriguing suggestions of future possibilities.' Lord Hennessy of Nympsfield, FBA, Attlee Professor of Contemporary British History, Queen Mary, University of London.

Table of Contents

1. Introduction The ' Vow ' Constitutional Perceptions PART I: The Written Constitutional Tradition 2. Before Magna Carta: Early Law Codes and Charters The Ethelbert Law Code Anglo-Saxon Codes After Ethelbert Post-Conquest Texts 3. Magna Carta: The Life, Death and Afterlife of a Text The Magna Carta Moment The 1215 Text Magna Carta After 1215 The Global Status of Magna Carta 4. Revolutionary Century The Petition of Right 1628 Blueprints: The Army and the Levellers Constitutions Under Cromwell The Bill of Rights 1689 The Act of Settlement 1701: Alternative Constitutional Model ? 5. Union and Parliament The Creation of a Union Great Britain and Ireland Albert Venn Dicey and Parliamentary Sovereignty The Parliament Act 1911 PART II: A System in Turmoil 6. The Dynamic Constitution Constitution and Society Parliament The Civil Service The Process of Change 7. European Integration and its Consequences on and the UK Constitution The European Communities Act 1972 The Rise of the Referendum: 1975 to the Present The Fracturing of Collective Responsibility 8. The Multination State Devolution and its Implications England Left Behind Local Government in England The English Question 9. The Rule of Law, Human Rights and Constitutional Conflict The Rule of Law in the United Kingdom The Human Rights Act Protected Rights, their Limitations and their Impact A Clash of Models 10. Direction of Travel Codifying Convention and Limiting the Royal Prerogative A New Model ? A Written Constitution: Proposals and Drafts Practical Steps: Gordon Brown and Beyond PART III: A Constitution for the United Kingdom 11. Advocating and Creating a Written Constitution The Positive Case for a Written Constitution The Negative Case for a Written Constitution Creating a Constitution Preparatory Steps and Composition of a Convention Remit, Working Methods and Ratification of the Text 12. The Constitution Presentation, Writing Style and Preamble A Federal Union The UK Executive Parliament After Sovereignty The Composition of Parliament Electing Parliament Parliament and Accountability Fundamental Rights The Courts, the Legal System and Constitutional Review Changing the Constitution 13. Conclusion

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