Levellers' Day 2008: "Time for a Written Constitution?"

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Levellers' Day 2008: "Time for a Written Constitution?"

The Necessity for a Modern Constitution

On Saturday, May 17, the annual Levellers' Day event was held in Burford, Oxfordshire, under the theme of "Time for a Written Constitution?”.

            The Levellers was the name given to the 17th century political movement that came to prominence during the English Civil Wars and the republican Commonwealth (declared on May 19, 1649). At that time, a debate raged about the nature of the new republic and its constitution. In particular, the Levellers put forward their Agreement of the People, which, amongst other things, raised the rudimentary and still-unresolved demand that sovereignty should lie with the people as opposed to parliament, along with various extensions of the newly-emergent democracy such as the right to recall MPs and almost universal male suffrage to break from its limitation to those who held land. The contradictions at that time had become very sharp as to how to fill the power vacuum created by the execution of the King: the Levellers were eventually crushed by the military might of the ascendant class forces, and various leading figures imprisoned or executed for their role in a number of revolts.

            Levellers' Day is an annual commemoration of one such revolt: the Banbury mutiny by soldiers in the revolutionary New Model Army, which stood on the side of the Levellers' demands and was defeated in confrontation with troops loyal to the government. After being imprisoned in Burford Church with the surviving mutineers, three of the revolt's leaders were hanged: William Thompson's brother, Corporal Perkins and John Church on May 17, 1649. This defeat seriously weakened the Levellers' influence in the New Model Army.

            The event was attended by approaching 300 people. Tony Benn, Anthony Barnett and Mary Southcott gave speeches in the morning under the heading of "Time for a Written Constitution?" along with debate. This was in the context of the recent moves by the government to introduce what they refer to as "constitutional renewal". The culmination of the day was a procession through Burford followed by a ceremony at Burford Church with a dedication given by Rev. Giles Fraser and a minute's silence. The day ended with music from traditional choirs and modern bands. 

            What is the significance of the issue of a written constitution which is being raised at this time? As a contribution to the discussion, the following well-received leaflet was discussed and distributed at the event.

Oxford Branch of RCPB(ML)

It could not be more evident that a fundamental problem in society demanding resolution is the archaic character of the political institutions and processes in Britain. The fact that this country has no written constitution underlines just how archaic the political system is.

            The problem is not just that the political institutions and processes are out of date, but that their character is fundamentally at odds with the modern definition of democracy. People cannot affirm their sovereignty without a modern constitution and a political mechanism which places the electorate above their representatives, which actually empowers the people.

            A class struggle is under way in society as to the nature of the constitutional reforms which are required. The issue is whether constitutional reform will be used to bolster the status quo, or will serve the aim of the electorate to empower themselves and gain control of their lives.

            A fundamental battle for political power took place in the 17th century in Britain. Britain's "unwritten constitution", because it is unwritten, does not spell out from where this political power derives. As it has evolved from the time of the beheading of Charles I and the English civil war, through the development of the constitutional monarchy as the bourgeoisie asserted its rights, it is now the monarch in parliament that is sovereign. Together with the royal prerogative, this means that the cabinet has absolute power. It is a political system appropriate for defending the rights of men of property, not for a time of universal suffrage where every single member of the polity is supposed to have the right to elect and be elected.

            This state of affairs means that the Labour Party, or whatever government is in power, can put forward whatever laws they like. Take the so-called anti-terrorism legislation. Because there is no fundamental law that enshrines the rights of the people, coming out of the struggle of the people and formulated with their participation, there is no popular authority to say that this legislation must be struck out because it is in contempt of a modern definition of rights. The courts may rule that the government acted unlawfully, but the government has the absolute authority to then legislate to the contrary.

            A modern constitution must enshrine the rights the people are fighting for. It is the working class which must take the lead. The demand of the working class is for the democratic renewal of the whole society from top to bottom. It must win the battle for democracy by constituting itself as the nation and vesting sovereignty in the people.

            The demand for a modern constitution deriving its authority from the people is part of the class struggle against the continual attempts through "constitutional renewal" and other means to deprive the people themselves of political power. It is a demand which develops as part of the struggle for a pro-social programme of the working class and to give the people control over their lives.