Re: So what?
I've often wondered about how a UK constitution could work. It would have to be put in a position where it overrides existing laws and sentences. It would be bloody messy, but if it's something that we truly believed was the fundamentals of life in our country, and core to our humanity, I don't see any other way of doing it.
I also find it difficult to argue for a "fixed" constitution. There are things that we do all agree on, but I don't think we all agree on them in the same manner. For instance, I think that everyone has the right to life, but those in favour of capital punishment wouldn't agree, and anti-abortionists would raise it, and who knows where morality will be in 200 years time? I mean, it's the same sort of problem that America faces with the right to bear arms. Regardless of whether gun law is good in the States or not, I don't see owning a weapon as a fundamental human right, and there are plenty of other things that some people might think were fundamental which I wouldn't agree with.
As a result, I've come to the conclusion that if I were to ever live to see a UK constitution, it would only work (i.e. not be rejected by the populace, or misused, or misapplied) if a couple of criteria were met:
1. It could change. It can (and would have to) be a very difficult process, but if something really is seen to not be relevant any more by the population, why should it continue to be fundamental to our laws?
2. It would have to be decided democratically. The people would have to have a feeling that they had direct input into it. How this would be managed I'm not sure, but it would require a referendum on the selected rights at the very least. I might not like the outcome, but I have faith in democracy, and am happy to accept the consequences of being in the majority/minority on issues, whichever it turns out to be.
3. It would have to have absolute authority. Once decided, it would have to be the very foundation of UK law.
Now, this is where I'm unsure whether or not it's actually workable, but I don't see it being feasible, and accepted under any other scenario.