Unwritten Rule: How to Fix the British Constitution

By Stephen Green, Thomas Legg and Martin Donnelly

A consideration of how to repair the British state.

Not since Ireland broke away from the United Kingdom has the British state been so fragile. Northern Ireland now operates under trading rules that are legally separate from the rest of the nation. In Wales, support for independence is running at a historical high, and Scotland is more conscious than ever of its individual identity and has aspirations for a European future. With public trust and confidence in government at record lows, the United Kingdom faces a crisis that can only be repaired by a new constitutional settlement. Unwritten Rule calls for a radical realignment, embracing a federal approach that would accommodate devolution as the best way of bringing about a successful and diverse national life, increasing democratic control over local and national decision-making, and modernizing national political structures.

• Language: English
• Publisher: Haus Publishing
• Release date: Oct 15, 2021
• ISBN: 9781913368319

Book preview

Preface

The United Kingdom faces a constitutional crisis that could lead to its break-up within the next few years. It is becoming clear that there are now fundamental challenges to its political cohesion and underlying constitutional structure. These challenges have become more urgent and complex over the last decade, with the consequences of the Scottish independence referendum in 2014 and the Brexit referendum in 2016 continuing to be felt. Maintaining the consent of all parts of the nation for a United Kingdom that is relevant to a new generation of voters will depend on whether we can offer a more appealing vision of that Union. The Union needs to be more inclusive, varied, and open if it is to remain a meaningful part of our identity and if the state is to serve its people effectively. We offer the proposals in this book as one contribution to the wider, urgent debate about the scale and focus of this necessary change.

We have based this short book on ideas we first set out in a paper on constitutional reform for the Policy Reform Group in January 2021. Our thanks go to John Llewellyn, Chair of the Policy Reform Group, for his support and encouragement, as well as to Andrew Gowers for his editorial support and critical comments as we were bringing our thoughts together for that paper.

Introduction: The Emerging

Crisis of Governance

On 1 January 2021, the British state began a new chapter in its history. More than a decade of struggle over the future of its relationship with the European Union finally came to a point of closure. Legally, the United Kingdom had already left the EU, but negotiations over a new set of agreements with Brussels had been fractious. They were finalised almost at the last minute, and the new deal was approved by parliament just in time for it to come into force at the start of the new year. The government claimed it had ‘got Brexit done’ and that a new era of sovereign liberty had begun.

But this new chapter does not look to be a story of calm after the storm. In the midst of the pandemic, the government had moved very close to the cliff edge of a rancorous no-deal exit. The storm may be abating, and we may have stepped back from the edge, but now the government finds itself uncomfortably close to another abyss: the possible break-up of the United