Today a British woman tried to stabilise the UK constitution: the Queen did as the Constitution requires of her and acceded to her Prime Minister’s request. She knows full well that the constitution is in peril and she certainly wasn’t of a mind to do more damage. She’s aware too that she has very probably undermined the monarchy.
Earlier this year another British woman tried to do something similar. Theresa May tried to steer a Brexit deal through parliament so that the UK could appear to act according to the referendum decision while maintaining the sovereignty of Parliament. *
Both women know the importance of a constitution – a country’s basic law – on which all citizens depend. They know that lawless tyranny is the alternative to a functioning constitution. They know too that under the existing constitution the Brexit referendum was incompatible with the sovereignty of parliament.
A fundamental choice in the design of a democratic constitution is whether to make the People or their Parliament sovereign. It cannot be both; a choice has to be made. The good news is that there really is no need to pit people against parliament as long as constitutional provision is made to prevent it. The bad news is that the UK made no such provision.
Take a look at Ireland whose system of government is modelled on that of the UK. In Ireland referendums are relatively common because the constitution says the People are sovereign and yet there is a stable Westminster-like parliament and government. The whole works tolerably well because all the parts are subject to the constitution and the constitution – while changed from time to time by referendum after fraught public controversy – enjoys popular support. Referendums do not challenge the constitution because they are part of the constitution.
No such constitutional clarity exists in the UK. Following the Brexit referendum this has led to a clash between popular sovereignty and parliamentary sovereignty.
It’s a sorry state of affairs that will have to be addressed. Both Theresa May and the Queen have acted to try to maintain the constitution in the short term because its breakdown is unthinkable. Should the UK survive this intact, consideration might be given to a written constitution which would provide for referenda and circumscribe what they might decide. The danger is that if drift continues, constitutional change may be decided in the streets and the outcome could exclude democracy.
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