UK Constitutional Law Association
The publication of the Report of the Commission on the UK’s Future is attracting widespread attention. The centrepiece of its constitutional content is the replacement of the House of Lords with a new second chamber with new composition and a reformed role, which would have particular responsibility for territorial aspects of the constitution (discussed here) and act as guardian of (newly) entrenched elements of the constitution –not just in the devolution context but also more widely.
This post develops in preliminary form some doubts about the radicalism of the entrenchment aspect of these proposals.Whilst they appear to have many of the trappings of radicalism (the language of entrenchment, a new hierarchically superior category of legislation, a novel role for the supreme court in the legislative process, suggestions of super-majorities and so on) I want to suggest that this aspect of the Report is in fact rather cautious.I’ll make four interrelated…
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