Is Brexit a British Constitutional Crisis?

We the People

National Constitution Center

News, News Commentary, History

4.6 • 1.1K Ratings

🗓️ 31 October 2019

⏱️ 60 minutes

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Summary

Brexit, the UK’s campaign to leave the European Union, has sparked ongoing political and constitutional controversy. However, the UK doesn’t have a written constitution — it is governed by a set of laws, norms, conventions, judicial decisions, and treaties — and Brexit has led some to think that needs to change. This episode dives into that debate over the UK’s unwritten constitution as well as other key Brexit-related issues including Prime Minister Boris Johnson’s attempts to “prorogue” Parliament and the ensuing UK Supreme Court decision, parliamentary sovereignty, and the role of referenda. Two leading experts on those topics –Meg Russell, Director of the Constitution Unit at University College London, and Kim Lane Scheppele, Professor of International Affairs at Princeton University phone in from London for a conversation with host Jeffrey Rosen. A term that is helpful to know for this week: Prorogation - brings the current session of Parliament to an end. While Parliament is prorogued, neither House can meet, debate or pass legislation, or debate government policy. In general, bills which have not yet been passed are lost and will have to start again from scratch in the next session. The Crown decides when Parliament can be prorogued, but, typically, the Prime Minister advises the Crown to prorogue and that request is accepted. Questions or comments about the podcast? Email us at podcast@constitutioncenter.org.

Transcript

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0:00.0	I'm Jeffrey Rosen, president, CEO of the National Constitution Center, and welcome to
0:07.8	We The People, a weekly show of constitutional debate.
0:11.4	The National Constitution Center is a nonpartisan nonprofit chartered by Congress to increase awareness and understanding of the Constitution among the American people.
0:21.0	And today we'll have to add to that inspiring mission statement,
0:25.0	understanding of the Constitution among the British people and people around the world
0:29.5	because we are going to take up today Brexit and the Constitution. Brexit, the UK's
0:34.9	campaign to leave the European Union, has sparked ongoing political and
0:39.3	constitutional controversy, but the UK does not have a written constitution.
0:43.5	It's governed by a set of laws, conventions, norms, judicial decisions, and treaties.
0:48.8	And Brexit has led to talk of a constitutional crisis and calls for constitutional reform.
0:56.1	Here to discuss Brexit and the Constitution, a topic I've long been eager to learn about with
1:00.8	you, dear We the People listeners,
1:02.6	are two of America and Britain and the world's
1:05.6	leading expert on this topic.
1:08.4	Both of them are joining us from London.
1:10.4	Meg Russell is professor of British and Comparative Politics and Director of the
1:15.2	Constitution Unit at University College London, where she heads the unit's
1:19.1	research on Parliament. Professor Russell is Senior Fellow with the UK in a Changing Europe program and is leading the project Brexit,
1:26.3	Parliament and the Constitution.
1:28.9	Meg, thank you so much for joining.
1:30.4	Well, it's great to be with you.
1:32.2	And Kim Lane Shepley is Lawrence S Rockefeller Professor of Sociology and International Affairs in the
	...

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