The British Constitution’s failure to manage existential risk: back to basics

Brexit comes at a precarious time for the UK – with an ineffective Opposition, continuing calls for Scottish independence and a referendum result that gives no guidance on what kind of exit the British people want. In the second part of a lecture delivered at the Goethe University in Frankfurt on 23 November, David Kershaw warns that the UK’s constitutional arrangements, unlike those of most European countries, provide a relatively open door to populist drivers for radical change. Given the risks associated with Brexit, much weight is accordingly placed on the representative function of the Commons – but there is concern that the reliance on direct democracy has undermined it. If the Commons fails to perform this role then the Lords must do so.