Why Britain Needs a Written Constitution—and Can't Wait for Parliament to Write One

Abstract

AbstractThe lecture explores basic constitutional choices confronting post‐Brexit Britain, emphasising dilemmas generated by Irish, Scottish, and Welsh demands for home rule. It argues that only a specially elected Constitutional Convention, independent of Parliament, has the capacity and legitimacy to hammer out a written constitution that tries to resolve these dilemmas in a serious way. Once the Convention acts, its proposal should be submitted for approval at a referendum, but only after special steps are taken to encourage an informed decision by the electorate. Given the misinformation campaigns provoked by the last referendum, it is time for Britain to try something new: create a new national holiday, Deliberation Day, at which voters would be invited to gather at neighbourhood community centres to discuss the Convention's initiative. A host of social science experiments establish that a day's deliberation greatly improves public understanding, enhancing the democratic authority of a Yes vote at the referendum.