Gresham College Lectures Writing a British Constitution - Clive Stafford Smith
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Jan 17, 2025 
Clive Stafford Smith, a renowned human rights lawyer and Gresham Professor of Law, dives into the complexities of Britain's constitutional framework. He discusses the historical roots and resilience of the American system, particularly its checks and balances against populism. Comparisons between the UK and US highlight the challenges of governance and the role of the judiciary. Smith advocates for constitutional reform, emphasizing the necessity of protecting individual rights amid rising populist pressures, and suggests that a new constitutional convention could help remedy current deficiencies.
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Early British Government
- Britain, around 1787, had a similar tripartite structure to the US, with a monarchy, legislature, and judiciary.
- However, the king still held significant power, unlike the US president.
Amending the US Constitution
- Amending the US Constitution requires supermajorities in Congress and ratification by three-quarters of the states.
- This high threshold ensures broad consensus for constitutional changes.
Changing the House of Lords
- Keir Starmer's recent changes to the House of Lords illustrate the ease of altering the British constitution.
- He abolished hereditary peerages and added new Labour life peers through a simple law.