Implementing the Constitution and Its Bill of Rights

If a bill of rights is to have any value it must not be possible for it to be changed by either government or legislature, but only by a substantial majority of the population voting for the constitutional change in a referendum. That gives us a problem on implementation which I believe is unique to the UK. This arises because it is an established constitutional convention (very appropriate with no written constitution) that no Parliament may bind its successors, yet the constitution can only come into force as a result of legislation passed by the parliament of the time. So how do we make it proof against change by a future parliament?

A solution I suggest is that it should be enacted by a three clause bill.
1. To enact that the constitution will come into force at a specified date.
2. To dissolve Parliament on that same date.
3. To enact that this Parliament will never be reconvened, with the institutions laid down in the new constitution (which will include a new Parliament with slightly different powers) taking over its duties.

This will mean that from that time on the constitution can be amended only in the way laid down in the constitution itself.

Tagged users
No comments yet, be the first to post one!