

Writing a British Constitution - Clive Stafford Smith
6 snips Jan 17, 2025
Clive Stafford Smith, a renowned human rights lawyer and Gresham Professor of Law, dives into the complexities of Britain's constitutional framework. He discusses the historical roots and resilience of the American system, particularly its checks and balances against populism. Comparisons between the UK and US highlight the challenges of governance and the role of the judiciary. Smith advocates for constitutional reform, emphasizing the necessity of protecting individual rights amid rising populist pressures, and suggests that a new constitutional convention could help remedy current deficiencies.
AI Snips
Chapters
Transcript
Episode notes
Roman Checks and Balances
- The Romans, until 32 BC, used checks and balances within their Republic.
- This structure, with a Senate, assemblies, and two Consuls, influenced later governments.
US Government Structure
- The US Constitution established a tripartite government with checks and balances.
- The executive, legislative, and judicial branches were designed to limit each other's power.
Early British Government
- Britain, around 1787, had a similar tripartite structure to the US, with a monarchy, legislature, and judiciary.
- However, the king still held significant power, unlike the US president.