Constitution of the United Kingdom Bill

A bill to introduce a constitution to the United Kingdom of Great Britain and Northern Ireland.
Changelog
Bill ID B031
Author(s) Their Grace Ser Looty Duŵr oobc pc mp
(On behalf of HM Opposition VI)
Amended by Their Grace Ser Looty Duŵr oobc pc mp
The Rt Hon Sir Dafydd Llwyd oobc mr mp
First reading 2020 June 21
Royal assent TBC
Commencement TBC
Affected legislation Petition of Right 1628 (3 Car 1 c. 1)
Bill of Rights 1689 (1 William & Mary Sess 2 c. 2)
Union with Scotland Act 1706 (1706 c. 11)
Union with England Act 1707 (1707 c. 7)
Union with Ireland Act 1800 (1800 c. 67)
Act of Union (Ireland) Act 1800 (1800 c. 38)
Parliament Act 1911 (1911 c. 13)
Parliament Act 1949 (1949 c. 103)
European Communities Act 1972 (1972 c. 38)
Government of Wales Act 1998 (1998 c. 38)
Human Rights Act 1998 (1998 c. 42)
Scotland Act 1998 (1998 c. 46)
Northern Ireland Act 1998 (1998 c. 47)
Government of Wales Act 2006 (2006 c. 32)
Northern Ireland (St Andrew’s Agreement) Act 2006 (2006 c. 53)
Northern Ireland Act 2009 (2009 c. 3)
Fixed Term Parliaments Act 2011 (2011 c. 14)
Scotland Act 2012 (2012 c. 11)
Northern Ireland (Miscellaneous Provisions) Act 2014 (2014 c. 13)
Scotland Act 2016 (2016 c. 11)
Representation of the People Act 2019 2019 c. 23

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1 The Status of this Act

  1. This Act is to be the foundation of government and democracy in the United Kingdom of Great Britain and Northern Ireland.
  2. To amend this Act, any amendments must be accepted by a ⅔ majority of both the Lords Spiritual and Temporal, and the Commons, a simple majority in each of the Regional Parliaments, and a simple majority in a national referendum.
  3. All Acts must conform to the principles laid out in this Act.
  4. For this Act to be passed into law, it must go through a sitting of both houses together forming a constitutional convention with extensive powers to amend, approve and reject large sections of this Act.

2 The Rights of Citizens

  1. The people of the United Kingdom will have the following rights guaranteed:
    1. Parliament may pass no laws limiting the freedom of speech, freedom of the press or freedom of association of any British citizen, with the exception of:
      1. laws that seek to prevent discrimination based on: protected characteristics as defined by the Equality Act 2010.
      2. Laws that seek to put a reasonable limit on campaign spending during any election, national or regional.
    2. Parliament may pass no laws that seek to discriminate based on: protected characteristics as defined by the Equality Act 2010.
    3. No enforcer of the law may detain any citizen or their belongings without an authorised warrant or reasonable cause to believe an unlawful act has occurred, nor may they interview or interrogate the accused without the presence of a lawyer, whether hired by the citizen or, if the citizen is for any reason unable or unwilling to hire a lawyer, provided by the Legal Aid Agency
    4. No person may be condemned to any punishment for unlawful acts without being found guilty by a court of the composition outlined in subsection 1 (e), except for cases arising in the Armed Forces, nor may a person be tried multiple times for the same act, including if found not guilty, unless, in accordance with the Criminal Justice Act 2003, they have committed a serious offence and it is determined following an application to the Court of Appeal that new fresh and viable evidence has come to light since they were last tried.
    5. In the event of a criminal prosecution, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the county and borough where the crime is alleged to have been committed, to be informed of the nature and cause of the accusation, to be confronted with the witnesses against them, to have compulsory process for obtaining witnesses in their favour, and to have the assistance of counsel for their defence.
    6. No excessive fines shall be imposed, nor cruel and unusual punishments inflicted.
    7. No citizen may force another citizen into slavery or involuntary servitude.
    8. In addition to the rights mentioned in this section, the Supreme Court may also make rulings based on the Human Rights Act 1998.

3 The Supreme Court of the United Kingdom

  1. The Supreme Court of the United Kingdom is to consist of one at least one judge from each of the following constituent nations of the UK:
    1. Scotland
    2. Wales
    3. Northern Ireland
    4. England
  2. The Parliament and Her Majesty’s government must follow any rulings of the Supreme Court.
    1. If any minister, civil servant or member of either of the houses of Parliament is found to have intentionally breached a judgement of the supreme court, they must be impeached.
    2. Impeachment is to be a trial in the Supreme Court.
    3. If the accused is found guilty, they will immediately be stripped of their elected office or civil service appointment, and banned from ever holding elected office or civil service appointment again.
  3. If the Supreme Court finds any Act of Parliament to be in breach of this Act or the Human Rights Act 1988, they may request for a Bill to be submitted for debate in the House of Commons requesting the amending out of the offending section or sections of the Act, or, if it is found that the Act as a whole is in breach and no section or sections can be specifically identified, they may request for a Bill to be submitted in the same manner requesting the repeal of the Act.

4 The Right Honourable Lords Spiritual and Temporal and the Honourable Commons in Parliament Assembled

  1. The Parliament is to be composed of two houses:
    1. The Honourable Commons in Parliament Assembled, referred to henceforth as the House of Commons
    2. The Right Honourable Lords Spiritual and Temporal in Parliament Assembled, referred to henceforth as the House of Lords
  2. The powers of each House are subject to the Parliament Acts 1911 and 1949.
  3. The Prime Minister is decided by a majority in the House of Commons.
  4. Judges may not be authorised to sit in either house.

5 Devolved Parliaments

  1. The current devolved parliaments are as follows:
    1. Scottish Parliament
    2. Senedd Cymru
    3. Northern Ireland Assembly
  2. Devolved parliaments will be allowed to legislate on the following matters within their respective regions:
    1. Agriculture, forestry and fisheries
    2. Education and training
    3. Environment
    4. Health and social services
    5. Housing
    6. Land use planning
    7. Law and order
    8. Local government
    9. Sport and the arts
    10. Language
    11. Regional transport
    All other matters will be reserved by the Parliament in Westminster.
  3. The First Minister of the respective region of each devolved parliament will be elected by that devolved parliament.
  4. There must be no restrictions in traveling between the four nations.
  5. Judges may not be authorised to sit in national assemblies.

6 Acts given Constitutional Protection

  1. The following pieces of legislation are given constitutional protection, requiring a constitutional amendment to change:
    1. Magna Carta 1215
    2. Petition of Right 1628
    3. Bill of Rights 1689
    4. Acts of Union 1707
    5. Acts of Union 1800
    6. Parliament Act 1911
    7. Representation of the People Act 1918
    8. Parliament Act 1949
    9. European Communities Act 1972
    10. Human Rights Act 1998
    11. Scotland Act 1998
    12. Government of Wales Act 1998
    13. Northern Ireland Act 1998
    14. Belfast Agreement 1998
    15. Government of Wales Act 2006
    16. Northern Ireland (St Andrew’s Agreement) Act 2006
    17. Northern Ireland Act 2009
    18. Fixed Term Parliaments Act 2011
    19. Scotland Act 2012
    20. Northern Ireland (Miscellaneous Provisions) Act 2014
    21. Scotland Act 2016
    22. Representation of the People Act 2019

7 Short title, commencement and extent

  1. This Act may be cited as the Constitution of the United Kingdom Act 2020.
  2. This Act comes into effect when the conditions under section 1.4) have been met.
  3. This Act extends to England, Wales, Scotland and Northern Ireland.
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