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  1. A review of constitutional practice (section 2) demonstrates that Parliament has, to a great extent, legislated effectively to discharge the UK constitution's three minimum ‘constituting’, ‘legitimating’, and ‘limiting’ functions. But significant gaps and tensions remain.

  2. It is suggested that the lack of a critical moment at some point in history provided by military defeat, colonial independence or revolution, helps explain why the UK does not have a codified constitution.

  3. The Committee is investigating the possibility of codifying – or not codifying – the UK constitution. This paper examines the existing constitution and the implications for this subject. It follows on from a literature review produced by the Centre for the Committee in 2011. [1]

  4. What needs to be a part of a constitution? 6 / Why does the constitution need regular “fundamental” review? 7 / Reviewing the constitution. 7 / Step 1: Afirming ownership of the constitution. 8 / Step 2: Identifying the drivers for the review. 10 / Step 3: Setting the scope and scale of the work.

  5. 6 REVIEW OF THE UK CONSTITUTION In this first paper we identify three key power relationships at the heart of the constitution that are currently under strain: • between the UK’s political institutions – including the UK government, parliament and the courts • between the devolved nations, regions and Westminster

  6. Article 6 provides: (1) In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law.

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  8. 6 Amendment:4 Constitutional laws and rules may be enacted, amended or repealed by Parliament using its ordinary legislative procedures. Possible alternative: There shall be a Commission for Democracy, which shall keep under review the operation of the Constitution. Amendments to the Constitution may be proposed by the