U.K. Could Get Written Constitution (Welcome to the 18th Century, Gov'ner)

The new British Prime Minister, Gordon Brown, is raising eyebrows on both sides of the pond by starting a national consultation to draw up a bill of rights and establish a written constitution.

In a speech to the University of Westminster last week, Brown stated: "I am convinced that both to rebuild our constitution for the modern age and to unify the country to meet and master every challenge, we need to consciously and with determination found the next stage of constitutional development firmly on the story of British liberty."

Brown also outlined some key provisions that might make up a British bill of rights:

• respecting and extending freedom of assembly, new rights for the public expression of dissent;
• respecting freedom to organise and petition, new freedoms that guarantee the independence of non-governmental organisations;
• respecting freedoms for our press, the removal of barriers to investigative journalism;
• respecting the public right to know, new rights to access public information where previously it has been withheld;
• respecting privacy in the home, new rights against arbitrary intrusion; in a world of new technology, new rights to protect your private information;
• and respecting the need for freedom from arbitrary treatment, new provision for independent judicial scrutiny and open parliamentary oversight.

You anglophiles out there might quibble that Britain already has a constitution. That is partially true, depending on how you define a constitution. The British constitution is a set of norms and traditions that dictate the basic principles and values of their government, but it is not the supreme law of the land in the way that most constitutions serve. These traditions come from statutes, common law, and international treaties and other important historical documents.

But there is no power, other than political will, that keeps these values in place. If Parliament wanted to overturn, for instance, the right of Scotland and Wales to have their own regional assemblies, it could do so with a simple majority vote. By contrast, it would be a little more difficult for the U.S. Congress to eliminate state governments. The unrestrained majoritarianism of the British system of government might make you queasy.

I would argue that the opposite problem is worse - the paralytic countermajoritarianism that the U.S. suffers from. Our political system has so many checks and balances (only some of which are rooted in the Constitution) that nothing gets done. Divided government, the Senate filibuster, bicameralism, huge incumbency advantages, the hyperpluralistic effects of thousands of K-Street lobbyists, not to mention the cost and length of political campaigning all make it nearly impossible to pass important legislation.

Think back on the great pieces of legislation that have changed the very fabric of our democracy. The Social Security Act of 1935, the 1964 Civil Rights Act, the 1965 Voting Rights Act, LBJ's Great Society, FDR's New Deal. Now think about the last 20 years: has Congress done anything on this scale? Have we done anything to fight global warming? How about universal health care like every other civilized nation? Making a college education possible to anyone that wants it?

Legislation that bold has to overcome so many hurdles that it never happens. The British government does not suffer from those institutional constraints to the same degree. Is it any surprise that they have universal health care, affordable colleges, and a strong commitment to fight climate change?

Not even the overwhelming will of the American people can force our political system to adopt a policy. See, e.g., the war in Iraq, which will likely drag on for several years after the American people said enough was enough.

I'm not saying we should throw the U.S. Constitution out the window. For one thing, it wouldn't solve problem like bribes campaign contributions. I just wish the U.S. government would be a little more majoritarian. But I am also pleased to see the U.K. adopting a written constitution. Rule Britannia!