Andy Burnham wants a constitution. This is what it should include.

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The Guardian notes this morning that:

Andy Burnham has said his programme of devolution strengthens the case for a written constitution for the UK, a move that would fundamentally alter the workings of the state that have developed over centuries.

The prime minister has long believed the UK's “antiquated” political system needs a dramatic overhaul if opportunity is to be shared equally across the country.

I have long argued for the need for such a constitution. So, this is a quick summary of what I would include. I stress, this is an opening suggestion. I would refine it with more time.

1. A written constitution

  • Define the powers of Parliament, government, the courts and devolved administrations.
  • Protect fundamental civil, political, social and environmental rights, and the right to free speech and protest without government constraint.
  • Require government to uphold democratic accountability and equality before the law.
  • Remove the remaining constitutional roles of the royalty and transfer them to elected politicians.

2. Replace first-past-the-post with proportional representation

  • Every vote should count.
  • Parliament should reflect how people actually vote.
  • End manufactured majorities.

3. Abolish the House of Lords

  • End hereditary and appointed legislators.
  • Replace it with a democratically legitimate second chamber representing the nations and regions of the UK, with clearly defined constitutional functions rather than a rival to the Commons.

4. Constitutionally protect devolution

  • Devolved powers should not be removable by a simple Westminster majority.
  • England should also have meaningful regional devolution.

5. Guarantee the right of every nation to choose its future

  • Scotland, Wales and Northern Ireland should have a constitutional right to hold regular referendums on independence under agreed rules.
  • England's constitutional position should also be explicitly defined.

6. A constitutional right to local government

  • Local government should exist by constitutional right, not by permission of Parliament.
  • Councils should have secure powers, responsibilities, revenue, and sources of borrowing.

7. Restore democratic control over economic policy

  • Parliament should determine fiscal and monetary policy.
  • The Treasury should become accountable to Parliament for delivering agreed social, economic and environmental objectives.
  • Economic policy should not be constrained by self-imposed fiscal rules presented as immutable truths.
  • The Bank of England should have its notional independence removed.

8. A constitutional commitment to economic justice

  • Government should be required to pursue full employment.
  • It should seek to reduce inequality.
  • It should provide universal access to healthcare, education, housing and social security.
  • Economic success should be judged by outcomes for people, not arbitrary financial targets.

9. Recognise government's monetary powers

  • The constitution should acknowledge that a currency-issuing government cannot be treated as if it were a household.
  • Public spending decisions should be based on the availability of real resources and inflationary limits, not myths about “running out of money.”

10. Guaranteed transparency

  • A constitutional right to government information.
  • Strong protections for whistleblowers.
  • Open public accounts and beneficial ownership registers for all companies and trusts.

11. Reform political finance and lobbying

  • Tight limits on political donations.
  • Full transparency over lobbying.
  • Restrictions on the revolving door between government and large corporations.

12. Protect the independence of public institutions

  • An independent civil service.
  • Independent courts.
  • Independent electoral administration.
  • Independent anti-corruption bodies.
  • Public service broadcasters protected from political interference.

13. Constitutional protection for the environment

  • A duty on governments to safeguard biodiversity and address climate change.
  • The legal requirement to meet net-zero targets by 2050 should be constitutional.
  • Recognition that future generations have interests that deserve protection.

14. A constitutional right to participation

  • Constitutionally granted rights to public services, including health, education to undergraduate or equivalent level, housing, clean air and water, justice, and environmental protection.
  • Stronger rights to petition Parliament.
  • Easier mechanisms for public consultation on major legislation.
  • The right to call for Citizens' Assemblies and to have their findings considered.

15. The right to redress

  • The right to constitutional redress for a government's failure to uphold its duties must be available, with legal funding provided to petitioners.

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