16 - Constitutional Conversations in Britain (in Europe)

Summary

In the Westminster tradition, Parliament stands at the centre of a public conversation about what is to be done. The courts have not been parties to this conversation, but have upheld settled law, which forms part of the framework within which deliberation takes place and is itself the object of public deliberation and decision. This arrangement has been unbalanced by a changing understanding of the judicial role and by the reach of international obligations that subject the UK to the jurisdiction of international courts. In this way, new conversations have been introduced to the British constitution, including exchanges between domestic and European courts, the main significance of which has been to compromise parliamentary democracy. The UK’s decision to leave the EU follows in part from the alienation of citizens from European lawmaking and action and from a corresponding concern to restore self-government. In reaching and implementing that decision to leave, one sees the capacity of parliamentary democracy to enable the political community to reason and act together, but also the risks posed by wayward domestic judicial action.