THE EVOLUTION OF A CONSTITUTION

Vol. 17 No. 1 (January, 2007) pp.48-50

THE EVOLUTION OF A CONSTITUTION: EIGHT KEY MOMENTS IN BRITISH CONSTITUTIONAL HISTORY, by Elizabeth Wicks. Oxford & Portland, Oregon: Hart Publishing, 2006. 232pp. Paper £22.50/$45.00. ISBN: 184113418X.

Reviewed by David Erdos, ESRC Postdoctoral Fellow, Department of Politics, University of York. Email: de508 [at] york.ac.uk.

Over the past fifteen or so years there has been an explosion of interest in British constitutional law and politics. Other than those which are directly legal or philosophical in nature, the most prominent emergent scholarship has focused specifically on the policy concerns and developments of the Blair era. Complementary to this literature, the monograph under review takes a broader approach. In particular, Elizabeth Wicks uses “historical investigation to cast new light upon the constitution of today” (p.1). The result is a useful and important text which admirably demonstrates that study of historical events remains highly relevant to today’s constitutional controversies.

THE EVOLUTION OF A CONSTITUTION is structured chronologically around eight “landmark” moments within British constitutional history, from the Glorious Revolution of 1688 to the Devolution Settlement of 1998. In addition to these two events, Wicks also focuses on the union between England and Scotland in 1707, the ascendancy of Robert Walpole as the Crown’s first minister in 1721, the Great Reform Act of 1832, the Parliament Act of 1911, ratification of the European Convention in 1953 and the UK joining the European Community in 1972. Each of the main chapters pivots around an analysis of one of these events. In addition, other related developments are given consideration. For example, the chapter on the Great Reform Act also examines the later expansion of the franchise during the nineteenth and twentieth centuries. Similarly, the chapter on the ratification of the European Convention deals briefly with the later passage of the Human Rights Act in 1998 “incorporating” Convention rights in the UK law. This structure focuses the reader’s interest on particular periods when constitutional issues were at the fore of British politics whilst also achieving a broadly comprehensive overview of the country’s constitutional development. Nevertheless, it might be noted in passing that certain topics such as the UK’s changing constitutional relationship with what are now fellow members of the Commonwealth remain largely unexplored despite the fact that the passage of, say, the Statute of Westminster Act in 1931 would appear to provide a perfect “landmark” event around which to explore such issues.

All the main chapters are written clearly, drawing upon and referencing more detailed primary and secondary material where relevant. These chapters can also function largely as self-standing pieces in their own right thus making it possible to consider assigning particular chapters of the book for courses focusing on discrete topics such as the growth of human rights regimes or the rise of minority nationalism within advanced [*49] industrialized democracies. In addition, an introduction focusing on developments pre-1688, a general conclusion, and a bibliography are provided. Throughout, the focus is on historical events not for their own sake but as a prism for analyzing general themes within the British constitutional tradition. Particular attention is given to themes such as Executive dominance or the alleged threat of Scottish independence, which have become particularly prominent in today’s discourse.

This work clearly deserves a broad readership. It may provide a useful starting point for both socio-legal scholars and political scientists interested in including the British constitution and its historical development within their research agenda. Also, given the topicality and interest of the material presented, the book should also attract a more general readership particularly within the UK itself.

It would be difficult to overstate the ambition of this monograph. An almost comprehensive consideration of three hundred or so years of British constitutional history within little more than two hundred pages is a stupendous task which, on the whole, is performed remarkably well. Nevertheless, the twin parameters of breadth and conciseness which Wicks sets for herself lead to some perhaps inevitable drawbacks. In particular, the overall theoretical framework remains somewhat inadequately developed. Near the beginning, Wicks states she “seeks to illuminate the core principles and strengths of the modern constitution but also its weaknesses, contradictions and impotence in the face of modern government” (p.3). Within the limitations of space such an aim is admirably carried out in the core chapters that follow. Despite this, however, Wicks’ conclusions in the final chapter are telescoped into little more than four pages. This text elucidates a number of the book’s key understandings, including, the claim that the UK constitution is an “evolving” one which has “ben[t] but not br[oken]” when confronted with various challenges. Other important themes implicit in the text, however, are given much less attention.

Throughout much of the book, Wicks suggests that the UK Constitution should be conceptualized as being based far more on core quasi-entrenched principles and far less on notions of absolute parliamentary sovereignty than commonly assumed. (For completeness it should be noted that Wicks’ own analysis of Britain’s membership of the European Community constitutes an important exception to this theme since she argues that, as a result of having been insuffiently popularly mandated, the significant limitations on parliamentary sovereignty implied by membership of the EU may be illegitimate.) For example during, during discussion of the 1688 Glorious Revolution she states that “The fundamental idea of a limited constitutional monarchy, a supreme and limited Parliament, and individual rights and liberties were introduced to the English constitution over 300 years ago years ago and although the legacy is an imperfect one, these ideas still endure in the constitution of today” (p.30). The [*50] important implications of this analysis for Britain’s constitution and its future development, however, are never fully addressed. A second edition would do well to expand the theoretical parts of the text so as to allow for a more extended analysis.

Overall, this is an innovative and important contribution to British constitutional studies. As a result of an acute understanding of both history and present day realities, Wicks not only demonstrates the need, but also provides the opportunity to examine Britain’s constitutional evolution in order to understand her current challenges and predicament. It is a first-class piece of scholarship which deserves a wide and engaged readership.

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