—DRAFTING A PREMABLE TO THE UK CONSTITUTION— BIRMINGHAM LAW SCHOOL UNIVERISTY OF BIRMINGHAM Whether its independence for Scotland, ‘English Votes on English Laws’, a possible UK exit from the EU or reform of the House of Lords, constitutional reform has been a staple of political debate in recent months. One of the questions underlying much of these debates is whether the UK’s traditional constitution should be codified. Students at Birmingham Law School have been tackling this question head-on! Students on our 1st Year LLB, LLB with French Law, LLB with German Law, LLB with Business and LLB for Graduate programmes have been busy drafting a preamble for a modern codified constitution for the UK (as part of a public competition run by the House of Commons Political and Constitutional Reform Committee). At first, students drafted their own individual preambles, before meeting in groups of around 8 to 10 to debate their various drafts and to agree a preamble for the group as a whole. Each group’s agreed preamble was submitted to House of Commons Political and Constitutional Reform Committee. The ‘wordcloud’ below captures the most frequently appearing terms in the students’ preambles: Entry 1 “The following is an Act of the union that is the United Kingdom, therefore, England, Scotland, Wales and Northern Ireland are hereon legally bound by this Act. The Act is a codification of the well solidified, appreciated and understood unwritten constitutional principles and conventions that have governed the United Kingdom up until this glorious date. The provisions of this Act are set to take full effect upon the Act receiving Royal Assent, and therefore will be legally binding upon anyone and everyone. Further, no person, branch of government, corporation or political institution is deemed to be above the Act. The Act will remain in compliance with international treaties to which the United Kingdom currently abides by. Let it be understood that this codified Act will state the fundamental human rights of all citizens in the United Kingdom, the limitations upon said rights, the separation of powers and finally the division of authority that government branches may exercise, as well as the limits to the aforementioned branches. Moreover, it will expressly state the amendment formula in the instance that a constitutional provisional needs to be changed. The Act signifies a united desire to have a clear and concise written constitution that is accessible to everyone in the United Kingdom. It reflects upon the harmony and cooperation that exists between the four great lands who are now willing to be bound by this Act. It is the goal of this Act that each citizen of the United Kingdom, and all other person(s), will have their rights protected and that the Act will give said person(s) the opportunity to make every autonomous decision they choose, so long as the decision does not conflict with the Act. It is with great hope that this written constitution is whole heartedly accepted by the British populous and that it will lead into an era of constitutional and legal clarity.” Entry 2 “The people of the United Kingdom, ensuring our fundamental values and freedoms, hereby enact this constitution: This document is established so that all expressions of our ancient and venerable system of government may be codified to the benefit of all, and to provide both clarity and accessibility. This constitution is further expressed in understanding of the need for such powers and provisions as exist in statute, common law and constitutional conventions to be set down, along with the fundamental principles and values that this country holds dear. These values are the base upon which the nation rests and the people rely and, as such, are not to be undermined nor suppressed but promoted and strengthened. These values are applicable to all equally and without exception. Further, the rule of law, as accessible to all, independent of other influence, is certain in its application and not arbitrary nor discriminatory. This constitution shall promote certainty and clarity in matters that concern the power of the state. Herein it may also be found that an authoritative expression of the separation and allocation of the powers of the state. This includes the functions, privileges and limits of such bodies that organise the state and wield power legitimately for the benefit of the people. Any future amendments and changes to the constitution can only be carried out in the manner specified. They should be done only with the aim of further empowering the principles of justice, freedom and equality for which the people stand.” Entry 3 “We the people of the United Kingdom have solemnly declared to codify our constitutional responsibilities to preserve our status as a democratic nation where as: To provide the protection of Our rights as citizens, give the people the power to preserve their self determination To provide our citizens with equal opportunity To give our citizens equal status To identify and assign a social responsibility to our governing institutions and allocate to them specific duties that they must follow To maintain our parliamentary sovereignty To maintain traditional values and preserve our national heritage but also; To permit change, and allow adaptation to a progressing society To preserve the monarchy and give them respect, servitude and gratitude And to promote among them all Fraternity to assure the dignity of the people and support of the nation: In the our delegating assembly on the 19th day of October , 2014 we hereby declare the codification of the British Constitution. Long Live the Queen!” Entry 4 “We the people of the United Kingdom of England, Scotland, Wales and Northern Ireland humbly relying on the blessings of God, through the powers vested in the Crown, our representatives in parliament, and the judiciary system have agreed and created this codified Constitution as an expression of our nation, structure of government, democracy, and norms and values in society. We shall continue to pursue a right to be governed by popular sovereignty, and powers shall reside with the people. Our sovereignty and commitment to a constitution shall respect universal values of complete equality of social, liberty and political rights to all citizens irrespective of religion, race or gender based upon principles of freedom, justice, integrity, and peace. We assert the equality of relations with our European partners, commonwealth community and overseas territories without distinction or favour. We solemnly declare a referendum by the people and for the people as the only manner and form in which any repeal or amendments to this constitution shall be made. The Constitution of the United Kingdom of England shall be as follows: - -“ Entry 5 “Since time immemorial, the United Kingdom has enjoyed a constitution respected by citizens to whom equality, justice and liberty is given. Previously our Constitution has been implicit, thus we take it upon ourselves today to codify the values we hold dear, to allow for clarity, consistency and lucidity. Through the drafting of this Constitution, we are not seeking to dramatically alter the present system of government but to ensure the prevention of excessive centralisation of power which could damage individual rights. There are three main principles of this Constitution: (1)Parliament retains the right to enact any binding legislation on the other bodies of Parliament. (2)The Rule of Law is what governs this Constitution. (3)The government is to be split amongst three different functions: The legislative, the executive and the judiciary. As citizens of the United Kingdom, we vow to thee our country, that we shall thus put forth all reasonable efforts to retain and put forth into eternity these values, once unwritten, today codified. We seek to follow the spirit of these laws enshrined, rather than the letter of the law. Should any discrepancy arise between Constitutional Law and normal law, it is paramount that the Spirit of the Constitutional Law triumphs over the latter.” Entry 6 “We, the people of the United Kingdom, in consideration to the dissolved governments of Northern Ireland and Scotland, as maintaining a reigning monarch but represented in Parliament, elected through democratic means, establish a limit to power, a protection of individual and group rights and a code of organisation for those who govern us. We hereby pay homage to our ancestors who have withstood the trials of centuries in order to make our nation great; gratefully acknowledging all of our obligations to the Church of England whilst ensuring the respect, protection and recognition of the history, culture, customs, traditions of all the citizens and residents within these lands. We recognise the principles of Parliamentary sovereignty in so far as to the extent of non-constitutional domestic legislation and furthermore, respect the ruling of the European Union directives and Council of Europe and European Convention on Human Rights to establish the promotion of intra-European solidarity, international accord and bond. We do promise to uphold the values and virtues such as freedom, equality, the rule of law, justice, solidarity, fraternal coexistence, progress and peace, of all the citizens and residents within our lands, to be afforded all the principles of fair and equal treatment regardless of race, creed or religion. Therefore, we do hereby adopt, enact, and present to ourselves this Constitution for the United Kingdom.” Entry 7 " We, the citizens of the United Kingdom through our agents in parliament and by the consent of the people, have agreed upon and constructed this constitution that outlines all of the principles and rules that govern our great nation. Through this document, the people of the United Kingdom hereby endeavour to promote equality, liberty, opportunity and justice through these fundamental laws.