story
- US is about to have military on the streets during peacetime with no terror threat within a codified constitution
- UK has had military on the streets in response to terrorism in Northern Ireland (a real threat) and not for decades. The UK constitution is uncodified and spread over many (10+?) documents ranging from Magna Carta in the 1200s to the Bill of Rights in the 1600s to documents written in the 1800s and then more modern Acts of Parliament.
Importantly the UK constitution can slowly change which means the UK has never had a revolution and never will do. Whereas the US constitution is rigid which achieves the opposite: when it does change it'll be dramatic and as a result of another violent revolution.
A written constitution only really protects (or affects at all) the things it very specifically enumerates. And when I look at the judicial tools we have that do bind the government (the ECHR for instance) they seem on the whole to make a good difference. A UK constitution that enshrined certain rights (healthcare, free speech, and so on) would make me feel a lot more secure about what future governments could do. It might also provide a better example than the American constitution in the respects it is lacking.
If you want more healthcare security you're more likely to get that in an uncodified system like the UK. Yes your healthcare rights can be reversed but better that, than never happening at all like in the US.
A codified system also hands vast power to lawyers. The US is a lawyer's paradise of everyone suing everyone, rising political violence due to inflexibility, and more risk of revolution.
Do you really think that the thing standing in the way of universal healthcare in the US is its codified constitution? When I look at the constitutional cases that result in lawsuits in the US, they are almost universally cases that move the dial in favour of people's freedoms. Liberally interpreted, the US has been dragged, kicking and screaming, into the 21st century in many respects. The undermining of civil liberties we see in the US right now are in spite of the constitution, not because of it (and you can tell, because everyone opposing it is appealing to the constitution, and everyone supporting the coup is ignoring it).
The problem is the US never bothered to address it's technical debt, so it's patch on patch on patch. An updated constitution would probably cut through a lot of the bullshit in American politics, e.g. the interstate commerce clause being the entire justification for the federal government lol.
The US political regime was designed for stability by lawyers, which has worked quite well for the country so far. In the case of the UK, the lack of a constitution can also be quite dangerous as it allows abuse and doesn't guarantee any protection of basic rights or even democracy. This can work well if the country is mono-ethnic, with elites and plebeians sharing a common culture. It can also easily derail in pluri-cultural settings where ethnicities compete against each other to impose their standards or acquire resources from the state. This is what happens in Africa, for instance, and one of the reasons for the weakness of the state there.
Im glad not to be confined by historical rules invented by people who could not hope to predict the future, and would not choose to put that kind of burden on my descendents.
