While there may be legitimate scope for disagreement about such proposed reforms, there is surely one point upon which all could agree. It is that the vast majority of us lack a clear and comprehensive understanding of what the terms of our constitution actually are.

In other countries the existence of a written constitution confers on the courts the right to review legislation and in appropriate cases to declare it unconstitutional. This, many argue, would be incompatible with our tradition of parliamentary sovereignty.

But is it not now time for us to work towards the enactment of a codifying measure which would contain in a single piece of legislation all the key constitutional principles and procedures which underpin the governance of the country? Such a measure would enable every citizen to know and to understand how the British constitution works, and above all would provide a clear framework against which to judge not only the decisions and actions of those who govern us, but also any proposals which they may make for reform. Without such a clear and comprehensive framework, it is inevitable that proposals for reform will be made and judged in isolation, and that judgment will be less sound than it would otherwise be.

At the very least, this is surely a task upon which we should now embark, with a view to it being completed before the 800th anniversary of Magna Carta in 2015.

STEPHEN HOCKMAN, QC
Chairman,
General Council of the Bar of England and Wales

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