A Parliamentarian's Guide to the Unwritten Constitution

It is by now clear that every constitutional system includes written and unwritten dimensions. But how to identify unwritten norms and principles that underpin the constitution; how they come into existence, evolve, and, in some cases, disappear; what is the relationship between written and unwritten rules; and which institutions are responsible for enforcing which rules – these are all questions that are currently at the forefront of domestic and comparative constitutional law studies. 

In this workshop, we are particularly interested in exploring the role that politicians and key parliamentary personnel play in sustaining the unwritten dimension of constitutionalism. By adhering to principles such as the rule of law, democracy, and the separation of powers, political actors generate legitimate power in the eyes of the public and provide essential guardrails for the exercise of governmental power. Specifically, politicians uphold fundamental constitutional principles by following constitutional conventions or norms that, for instance, require government to account to the elected representatives for its decisions and actions. Unwritten principles are thus channelled through the daily work of legislating, parliamentary debates and committee investigations. The point is not just that politicians must adhere to these conventions; but, rather, that their behaviour is constitutive of them. As such, politicians – and not just courts – are critical guardians of these constitutional principles; it is through their actions that these principles are brought to life and sustained over time. 

In the absence of a codified constitution, as in the United Kingdom, this function of the unwritten constitution is particularly crucial. But we are currently witnessing how, even in a strongly codified constitutional system like the United States of America, sudden disregard of unwritten norms and principles (comity above all) is contributing to the rapid deterioration of the political and social climate in the country. 

A distinguished group of experts will join us to explore the content, functions and interactions of different types of unwritten rules. Our view is that these unwritten norms and principles serve as the invisible threads that hold the fabric of constitutional democracy together – and that our current climate requires making them more visible, so that their crucial role can be properly appreciated. The purpose of this workshop is thus to highlight why, and explain how, political actors should uphold these norms in day-to-day practice of government.

Goals & Questions

The goals of this workshop are:

1. To bring researchers and parliamentarians together to speak in a concrete manner about how unwritten and informal principles are developed and applied in the everyday operation of Parliament’s work. 
2. To highlight the role that political actors and structures play in the unwritten dimension of constitutionalism, underscoring why it is important that parliamentarians understand their crucial role in sustaining constitutional principles and conventions and what is at stake when this does not happen. 

In pursuit of these goals, we hope that during the event we will unpack at least some of the following questions: What are constitutional norms and principles? What would it look like for politicians to be active guardians of these principles? What is at stake in this political moment if they do not act to protect these principles and norms? What is the balance between politicians pursuing political ends but also being aware that they serve the public interest and are bound by the constitution? How can politicians practically apply constitutional principles in the day-to-day work of government? What is at stake if they don’t?

Panel Formation

Keynote

Lord David Anderson of Ipswich, KBE, KC (House of Lords)

The View from Parliament

1. Eve Samsons (Clerk of the Journals)
2. Andrew Makower (Clerk of Procedural Practice in the House of Lords)
3. Justin Leslie (Office of Speaker's Counsel, Counsel for Domestic Legislation)

UK Academic Perspective

1. Jeff King (UCL)
2. Roger Masterman (Durham University)
3. Hannah White (Institute for Government)

A Comparative Appraisal

1. Colm O’Cinneide (UCL)
2. Erin Delaney (UCL)
3. Vanessa MacDonnell (uOttawa)