Peter Leyland - The Constitution of the United Kingdom

THE CONSTITUTION OF THE UNITED KINGDOM

Pictorial Narrative

Constitution UK: Flying Past Europe

The imagery portraying the UK is comprised of a complex interweave of irregular, and inherently unstable, three-dimensional geometric blocks. In flame red there is a pointed triangle in the form of the notionally sovereign Parliament with Big Ben striking 12.15. This not only commemorates Magna Carta but also displays the contemporary significance of the Human Rights Act 1998, incorporating citizens rights contained in the ECHR. 10 Downing Street, representing the PM and Cabinet, is placed at the heart of the composition, flanked on one side by a civil servant representing the executive branch, and, on the other, by the United Kingdom Supreme Court with the Miller judgments serving as a reminder of the emerging constitutional significance of the courts. The lower foreground features emblems of devolved government: Scotland (St Andrews Cross), Wales (Red Dragon) and Northern Ireland (field of flax). The monarch in her dignified coronation regalia peers from a vantage point to survey the scene. The Irish tricolour flag in the lower foreground refers to the special relationship with the Irish Republic under the Belfast peace agreement and the backstop agreement for EU withdrawal. Finally, the entire constitutional discourse is unfolding beneath an allegory of Brexit. In the sky, at supra national level, the RAF Red Arrows trailing their (Union Jack) red, white and blue vapour head horizontally in one direction, while a French Dassault Rafale jet fighter towing the EU flag (gold stars on blue background) launches itself vertically in a radically different skyward climb.

Putachad

Artist

Constitutional Systems of the World

General Editors: Benjamin L Berger, Rosalind Dixon,
Andrew Harding, Heinz Klug,and Peter Leyland

In the era of globalisation, issues of constitutional law and good governance are being seen increasingly as vital issues in all types of society. Since the end of the Cold War, there have been dramatic developments in democratic and legal reform, and post-conflict societies are also in the throes of reconstructing their governance systems. Even societies already firmly based on constitutional governance and the rule of law have undergone constitutional change and experimentation with new forms of governance; and their constitutional systems are increasingly subjected to comparative analysis and transplantation. Constitutional texts for practically every country in the world are now easily available on the internet. However, texts which enable one to understand the true context, purposes, interpretation and incidents of a constitutional system are much harder to locate, and are often extremely detailed and descriptive. This series seeks to provide scholars and students with accessible introductions to the constitutional systems of the world, supplying both a road map for the novice and, at the same time, a deeper understanding of the key historical, political and legal events which have shaped the constitutional landscape of each country. Each book in this series deals with a single country, or a group of countries with a common constitutional history, and each author is an expert in their field.

Published volumes

The Constitution of the United Kingdom; The Constitution of the United States; The Constitution of Vietnam; The Constitution of South Africa; The Constitution of Japan; The Constitution of Germany; The Constitution of Finland; The Constitution of Australia; The Constitution of the Republic of Austria; The Constitution of the Russian Federation; The Constitutional System of Thailand; The Constitution of Malaysia; The Constitution of China; The Constitution of Indonesia; The Constitution of France; The Constitution of Spain; The Constitution of Mexico; The Constitution of Israel; The Constitutional Systems of the Commonwealth Caribbean; The Constitution of Canada; The Constitution of Singapore; The Constitution of Belgium; The Constitution of Taiwan; The Constitution of Romania; The Constitutional Systems of the Independent Central Asian States; The Constitution of India; The Constitution of Pakistan; The Constitution of Ireland; The Constitution of Brazil; The Constitution of Myanmar

Link to series website

www.bloomsburyprofessional.com/uk/series/
constitutional-systems-of-the-world

The Constitution
of the United Kingdom

A Contextual Analysis

Fourth Edition

Peter Leyland

This book seeks to provide a topical and contextual outline of the principles doctrines and institutions that comprise the constitution of the United Kingdom but the text has been extensively rewritten since the previous edition appeared to reflect a momentous episode in the nations history following the EU referendum held in June 2016. The storm of controversy unleashed in the lead up to Brexit followed closely by the impact of the government response to the Covid 19 crisis prompts a re-assessment of core principles (parliamentary sovereignty and the rule of law), citizen rights and the nature and extent of key constitutional conventions. At the same time, it will be apparent that the frenetic politics provided a rigorous test for the institutions at the heart of UK democracy. The government suffered repeated defeats in the House of Commons, two Prime Ministers resigned and general elections were held in 2017 and 2019 in order to resolve the political impasse over Brexit. In this post-Brexit discussion it is observed that withdrawal from the European Union has not only transformed the multi-layered character of the UK constitution but it also has a host further implications. To cite two examples: first, it impacts upon the integrity of the United Kingdom itself, the functioning of devolved government and its future development, including the relationship with the Republic of Ireland and with Europe; second, it modifies the contribution of Parliament, devolved government, the executive and the courts in repatriating EU law. The discussion contained within each chapter has been comprehensively revised in the light of recent events and to engage with the emerging constitutional debates.

This edition is dedicated to the memory of Professor Luciano Vandelli (19462019), a very special friend and an inspirational colleague.

I would like to acknowledge friends and colleagues for their support and help over a challenging period: Nicholas Bamforth, Sebastian Payne, Nicola Lupo, Lara Trucco, Francesco Bilancia, Manfred Stelzer, Daniele Donati, Angelo Rinella, Giuseppe Verde, Roberto Scarciglia, Peter Kindler, Alessandra Pedriali-Kindler, Paola Chirulli and Alessandro Torre.

A special thank you goes to Andrew Harding, Gordon Anthony and Justin Frosini for invaluable detailed critical feedback on earlier drafts.

At Hart/Bloomsbury sincere thanks for their kind help and hard work goes to Sinead Maloney, Ceri Warner, Linda Staniford and Emma Platt.

And, last but not least, my deepest gratitude to Putachad for creating another marvellous image to adorn the cover.

Court of Justice of the European Union