A Genealogy of Political Constitutionalism in the U.K., and Why Canadians Might be Interested (and What the British Might Learn from Canada)

Abstract This essay traces the genealogy of political constitutionalism in Britain, and then reflects on what political constitutionalism might mean in Canada and the UK today. It sketches three main versions of the political constitution within the UK, all associated with a particular account and justification of parliamentary sovereignty – the mixed constitution, parliamentary government, and representative democracy, with which it is mainly identified today. However, this third version currently confronts three challenges: i) the emergence of a fourth version, based on popular sovereignty; ii) multiculturalism and plurinationalism within and globalisation without, producing the fragmentation of the national demos into multiple demoi; and iii) the growing hegemony of legal constitutionalism, not least internationally. In a final section, the essay compares and contrasts in the light of these three challenges debates around the patriation of the Canadian constitution, on the one hand, and Britain’s withdrawal from the EU, often portrayed as a vain attempt to save the political constitution, on the other. Whereas many contend political constitutionalism cannot hope to meet the three challenges and a shift to legal constitutionalism is inevitable, a genealogy allows one to see how at different times this idea has been composed by different elements and has always been subject to contestation and debate. The essay concludes by suggesting a return to the version associated with mixed government offers a way of rethinking the political constitution today.