header-logo header-logo

02 September 2011 / Stephen Hockman
Issue: 7479 / Categories: Opinion , Constitutional law
printer mail-detail

Clash of the Titans (3)

Stephen Hockman QC considers the path to take in order to ease the UK’s constitutional tensions

In my last article, I pointed out some important tensions in our constitutional arrangements. In this, the third and final article in the series, I want to try to identify more broadly what those tensions are and how, if at all, they can be resolved.

Fundamental objectives

An analysis of our constitutional arrangements ought to begin with some propositions about their fundamental objectives. I suggest that the one purpose—perhaps the main purpose—of democratic government is to enable society as a whole to be organised in accordance with the will of the majority. At the same time, as we came to recognise above all in the second-half of the 20th century, the will of the majority cannot be allowed to reign unchecked. A system of government must contain very strong safeguards for individuals and groups of individuals within society, in other words minorities, whose views and behaviour do not coincide with those of the collective.

Parliamentary

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Sharpe Pritchard—Victoria Heald-Barraclough

Sharpe Pritchard—Victoria Heald-Barraclough

Magic Circle hire strengthens Sharpe Pritchard’s infrastructure finance capability

Lewis Silkin—Iskander Fernandez

Lewis Silkin—Iskander Fernandez

Lewis Silkin adds corporate crime specialist to growing dispute resolution team

Morr & Co—Michael Charalambous

Morr & Co—Michael Charalambous

Morr Co strengthens private client team with partner appointment

NEWS
Should every solicitor found to have acted dishonestly face automatic striking off? The answer, argues John Gould, chair of Russell-Cooke LLP in NLJ this week, is no 
Winning an arbitral award against a state is one thing; enforcing it is another
Can government success in court tell us whether the rule of law is healthy? 
Poorly drafted dispute resolution clauses can trigger litigation before the real dispute is even addressed
As cryptocurrency becomes mainstream, family lawyers are increasingly confronting the challenges it creates on divorce
back-to-top-scroll