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Much of the debate in the Head of State section revolves around the extent of passive support for keeping or abolishing the monarchy. While I'm not personally convinced there's any nett benefit in having regular elections for Head of State, I do think the present position undermines the legitimacy of the current constitution and I fully support demands for a referendum on the issue. It doesn't seem likely that demanding a referendum through normal political processes will get anywhere at...

Malcolm Ramsay
by Malcolm Ramsay
-3 Votes
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Comments 3
Malcolm Ramsay

The constitution should authorise the courts to rule that a dispute is political, and allow them to decline to authorise enforcement proceedings, where they consider that the law in question is unconscionable reasonable attempts have been made to get it reformed through normal political processes the failure of those attempts is the result of shortcomings in the political system.

Malcolm Ramsay
by Malcolm Ramsay
-4 Votes
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Comments 12
Malcolm Ramsay

The jury is sometimes described as the last bastion of our civil liberties, and talk of limiting the right to trial by jury provokes strong feelings. However, the fact that juries deliver the verdict is not uncontentious: people point out, from time to time, that the jury system has serious disadvantages, and it is often suggested that, in some types of case, the decision of 'guilty' or 'not guilty' be transferred to the judge. The disadvantages of the jury system, as it operates...

Malcolm Ramsay
by Malcolm Ramsay
-5 Votes
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Comments 3
Malcolm Ramsay

Most of my proposals probably have too much analysis for most people's taste so I thought I'd try a short one: The constitution should mandate an offence of 'Governing/Legislating without due care and attention'. I'd hate to have to draft the details but careless actions by legislators and ministers can undoubtedly be profoundly damaging. Should we not demand reasonable standards of care from them?

Malcolm Ramsay
by Malcolm Ramsay
-7 Votes
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Comments 10
Malcolm Ramsay

I feel there's a danger of discussion getting tied up in apparent disagreements on matters where there is in fact broad agreement and I think it's worth trying for some clarity on terminology. In an exchange with JimF – in https://constitutionuk.com/post/84153 – I mentioned the constitutional principle that no Parliament can bind its successors. Jim replied that this 'is one of the most important things that must be overturned' and went on to say 'This constitution, and the way it is...

Malcolm Ramsay
by Malcolm Ramsay
0 Votes
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Comments 3
Malcolm Ramsay

NOTE FROM THE MODERATORS: This idea has been merged with the idea 'Power to the people'. Please move all discussion there: https://constitutionuk.com/post/83629 A lot of energy goes into debates over exactly what belongs in a formal constitution and I think there's a danger that areas of consensus will get lost in the disagreements. Rather than make the same points over and over again in comments to disparate ideas, I thought I'd set down, in one place, the principles I've been guided...

Malcolm Ramsay
by Malcolm Ramsay
6 Votes
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Comments 24
Malcolm Ramsay

I believe that a mature society must recognise the possibility of its own failure and should acknowledge the concept of lawful rebellion. I define this as rebellion which is rooted in a commitment to law: There's no need for it to be permitted by existing laws but it must arise from an undeniable failure of the established system, it must offer a viable solution to that failure, and it must allow a reasonable opportunity for the established system to implement that solution. Only if...

Malcolm Ramsay
by Malcolm Ramsay
-1 Votes
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Comments 5
Malcolm Ramsay

The fiscal problems that local authorities have under the existing system are well-known. Most of their funds come through central government and their power to raise taxes directly are heavily constrained. But I don't think the roots of the problem are generally recognised and there is a dimension to it (that I've never seen anyone else raise) which makes it doubly pernicious. (The first part of this post is largely reproduced from the Devolution section; the second part, which extends the...

Malcolm Ramsay
by Malcolm Ramsay
-5 Votes
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Comments 6
Malcolm Ramsay

Phase 2 version (draft 2 amendments in bold): Government fiscal accounting shall be based on an 'official unit of account' whose value may not be either a) arbitrary or b) controlled, wholly or in part, directly or indirectly, by private interests or by agencies outside Britain. Minutes or hours of passive labour shall be regarded as an acceptable official unit of account . This provision shall not constrain the continued use of an established non-qualifying unit of account during a...

Malcolm Ramsay
by Malcolm Ramsay
1 Votes
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Comments 17
Malcolm Ramsay

The kind of rational decision-making that lies behind a conscious decision to vote for one person rather than another is very different both from the visceral self-interest which drives much of our activity and from the dictates of conscience and convention which regularly constrain us. Unfortunately, because the Executive and the Legislature are so entangled in our existing constitution, the electorate is forced to elevate one set of impulses over the others and the functions of both...

Malcolm Ramsay
by Malcolm Ramsay
-2 Votes
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Comments 5
Malcolm Ramsay
 

Malcolm Ramsay

Lincoln, United Kingdom

Joined this community on Feb 21, 2015

Age
50-59

Gender
Male

Highest level of Education
A-Level

Should the UK have a written codified constitution?
No

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