Jonathan Sumption argues against adopting a written constitution as a response to political alienation. He suggests fixing the party system and changing voting methods to restore faith in democracy. The podcast explores the uniqueness of the British Constitution, challenges faced by established states, and the impact of open primaries in political parties.
The shift in power from politicians to judges through written constitutions does not address the root causes of political malaise, such as public engagement and political participation.
The erosion of political legitimacy and public trust in the political process stems from unrealistic expectations, a widening gap between politicians and the electorate, and the rejection of political elites, highlighting the need for fundamental causes to be addressed.
Deep dives
The Current Political Predicament and Calls for Constitutional Reform
The podcast explores the current political challenges and the tendency for people to call for changes to existing institutions. However, it argues that these proposed changes are often irrelevant to the underlying problems facing society. The focus has been on calls for a written constitution, but the speaker questions the efficacy of such a change. Written constitutions typically limit the powers of parliament and government, transferring decision-making authority to judges. However, the speaker argues that this shift in power does not address the root causes of the political malaise. Instead, he highlights the importance of community, traditions, and attitudes as the foundation of law and suggests that a written constitution would not address the fundamental challenges of public engagement and political participation.
The Unique Features of the British Constitution
The podcast highlights the distinctive characteristics of the British constitution compared to others worldwide. Firstly, it is unwritten, lacking a fundamental document against which the constitutionality of government actions can be measured. Secondly, parliament is sovereign, with no legal limitations on its authority, though political conventions provide some limits. Thirdly, the limits on parliament's power are based on shared political sentiment and conventions rather than enforceable laws. Lastly, the government dominates parliament, reflecting a political tradition where it serves as an instrument of governance. The speaker argues that these features have allowed for flexibility and incremental development in response to societal changes, such as devolution. While criticisms exist, the uniqueness of the British constitution is a result of historical experience.
The Real Problem of Political Legitimacy
The podcast delves into the erosion of political legitimacy and public trust in the political process, not only in the UK but also globally. It points out the decline in political party memberships, falling voter turnout, contempt for politicians, and the rise of powerful regional nationalisms contributing to the disengagement of people from the political process. The speaker argues that this disengagement stems from a mismatch between unrealistic expectations, fueled by campaign promises and the limitations of politicians to fulfill them. He also highlights the widening gap between politicians and the electorate, underlined by the demand for representatives who resemble the people they represent. The rejection of political elites and absolutism in controversial issues further exacerbate these challenges. The speaker suggests that fundamental causes, beyond the constitution, need to be addressed to restore political engagement and public confidence.
The Need for Political Reform and the Role of Electoral System
The podcast advocates for political reforms that promote public engagement and reinvigorate the political process. While rejecting the need for a written constitution, the speaker acknowledges the need for change, particularly in the electoral system. He suggests a move towards proportional representation combined with open primaries for selecting parliamentary candidates. This would weaken the dominance of major parties, encourage smaller parties, and force broader coalitions. Although weaker and less stable governments might be a consequence, increased public engagement and accommodation of political differences are considered essential. The speaker acknowledges the challenges but asserts that gradual, piecemeal change within the existing constitutional framework is preferable to radical upheaval.
Jonathan Sumption argues against Britain adopting a written constitution as a response to political alienation. The former UK Supreme Court Justice has argued that politics is in decline partly, at least, because the courts and the law is increasingly doing what politicians used to do. This has indirectly contributed to the electorate’s increasing rejection of the political process. There is growing resentment against the political elite. So what can we do? Lord Sumption makes some suggestions to restore faith in democracy – starting by fixing the party system and changing the way we vote.
The programme is recorded in front of an audience at Cardiff University.
The Reith Lectures are presented and chaired by Anita Anand and produced by Jim Frank
Editor: Hugh Levinson
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