Does the UK Need a Written Constitution? Gresham College Explores the Debate
As Donald Trump prepares for his inauguration as the 47th President of the United States on 20th January 2025, the world watches with bated breath to see if he will follow through on his provocative promise to suspend the US Constitution for a day. At the same time, Gresham College, London’s oldest higher education institution, is hosting a lecture that explores whether the UK should adopt a written constitution, sparking a crucial debate on governance and democracy.
Professor of Law, Clive Stafford Smith, will consider whether Britain should adopt its own written constitution. His thought-provoking lecture, “Writing a British Constitution,” takes place on Thursday, 9th January 2025, at 6pm, both in person at Barnard’s Inn Hall, Holborn, and online. Entry is free.
Professor Stafford Smith argues that the US Constitution, which is the oldest written and codified constitution still in force, has been instrumental in protecting the country’s democratic structures. In contrast, the UK’s “unwritten constitution,” based on centuries of tradition and precedent, lacks the enforceability and clarity that a formal document might provide. The recent political turmoil surrounding Brexit and Scottish independence has highlighted these vulnerabilities, sparking renewed debate about the UK’s governance framework.
“We currently have the King as the Executive—not really—with a Legislature comprising the House of Commons—not really—balanced by the House of Lords, and then we have the judiciary,” Stafford Smith explains. “But do we also have Parliamentary Supremacy, and whose idea was it that this overrides the role of the judiciary?”
A Constitution’s Role in Democracy
The US Constitution, drafted in 1787, lays out a robust framework for governance. It defines the roles of its legislative, executive, and judicial branches while ensuring checks and balances to prevent the concentration of power. Together with the Bill of Rights, it guarantees fundamental freedoms, such as freedom of speech and the right to a fair trial.
Although Professor Stafford Smith admires the strength of the US system, he notes that some elements, like the Second Amendment, the right to bear arms, are outdated and problematic. Nonetheless, he emphasises that the existence of a written constitution ensures that no US president can suspend it, even temporarily. By comparison, the UK’s reliance on tradition leaves it more vulnerable to political upheaval.
The Case for a British Constitution
Professor Stafford Smith’s lecture will examine what a written constitution might look like for the UK. Could such a document address issues of Parliamentary Supremacy, provide clearer guidance on devolution, and resolve questions about the balance of power between the judiciary, legislature, and executive? The lecture promises to explore these questions while shedding light on the benefits and challenges of codifying Britain’s governance.
“If Donald Trump were in power in the UK, I would worry far more, as we do not have a written constitution,”
Stafford Smith cautions. This sentiment underscores the urgency of his argument, particularly in an era of global political unpredictability.
Event Details
The lecture will take place at Gresham College’s historic base in Barnard’s Inn Hall, Holborn, and will also be broadcast live online. It starts at 6pm and will last one hour. Entry is free, but in-person attendees are encouraged to book their places via the Gresham College website.
About Gresham College
Founded in 1597, Gresham College is London’s oldest higher education institution, offering free public lectures for over 427 years. Its roster of esteemed professors has included figures like Christopher Wren, Robert Hooke, and Sir Roger Penrose. Today, the college continues its mission of fostering intellectual curiosity and academic rigour.
For more information and to book a place, visit Gresham College’s website.
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