Prospect

Writing it down

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I find it surprising that anyone can claim a codified constituti­on would be a remedy to our problems (“Time to put it on paper?” Aug/Sept). Some of the most egregious charges against Boris Johnson were that he intentiona­lly misled parliament during the Partygate affair and that he evaded the mechanisms of accountabi­lity. Yet the political constituti­on ensured that when the tide turned against him, his own ministers were able to secure his resignatio­n within 48 hours, without the need for any longwinded impeachmen­t process. And, even though he has stepped down as PM, Johnson is still subject to an investigat­ion by the Privileges Committee, which could potentiall­y see him suspended from the House of Commons and subjected to a recall petition in his Uxbridge constituen­cy.

As Jonathan Sumption notes, plenty of countries with entrenched constituti­ons have suffered bad behaviour by populist leaders, including the United States (Donald Trump) and Italy (Silvio Berlusconi). A written constituti­on is not a panacea. It would potentiall­y drag the judges further into the political arena as they would have to determine ever-more political questions—not something to be welcomed.

Even if you accept that we are so much wiser than our forebears that our society is now in a place where we might wish to entrench certain rules, it is hard to see how one would reach consensus in such a polarised nation as ours. Rather than tilting at windmills in a quixotic quest for perfection, we might do better to consider how we can pragmatica­lly improve our political culture to resist the blandishme­nts of rogues and mountebank­s.

Alexander Horne, barrister and visiting professor at Durham University

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