Why We (Still) Need a Revolution

Abstract

This paper posits a (very British!) call to arms, and does so in five steps. In part A, we address the need for constitutional fictions by which the many surrender political power to the few, in the name of stability, order and security. In part B, however, we will show that conflict is both a necessary and a core principle of political constitutionalism—that it is the latent possibility of conflict, the (re)awkening of the many where the few abuse that power, that acts as the final check on government. In part C, we trace the steps by which recent re-interpretations of the work of J.A.G. Griffith, with a focus on the work of Tomkins and Bellamy, have reduced politics to its parliamentary form, thereby closing—rather than “enlarging”—the “areas for argument and discussion”—a narrow view of the constitution to which, admittedly, Griffith himself might have subscribed. In part D, we will assess the limits of such a narrow reading of the political and argue that a more dynamic and reflexive approach is needed if we are to remain in—or recover to—rude constitutional health. Finally, in part E, we will use the political and constitutional background to the devolution of legislative and executive power to Scotland in order to demonstrate the power of political conflict, in extraordinary moments, to expose, break down and create new constitutional fictions.

The European Council and the legitimacy paradox of new intergovernmentalism: constitutional agency meets politicisation

“…As part of these developments, it is necessary to focus on how the EU's particular brand of dual constitutionalism has evolved politically, beyond formal black-letter legal intricacies (Bellamy 2007). A political reading of constitutionalism regards constitutional rules and practices as the product of political actors participating in an on-going development; the actors involved (courts, elected officials, parties, and citizens), are constitutional agents taking part in constitutional agency (Goldoni and McCorkindale 2013).…”