Press release: Do we need a British Constitution? What can be learnt from the United States?

17 December 2024

Gresham College Professor of Law, Clive Stafford Smith, to give lecture on Thursday, 9 January 2025, online and in central London 

Donald Trump has threatened to be a dictator for a day and suspend the constitution.  

Now, days before he is inaugurated as the 47th president of the United States on January 20, and we find out if he will carry out his threat, Gresham College will explore whether Britain needs its own constitution.   

Its Professor of Law, Professor Clive Stafford Smith, believes we can learn from the US, saying its constitution is all that stands between democracy and any dictatorship.  

And over here, Brexit and issues related to Scottish independence saw the UK have issues with its unwritten “constitution” – something Professor Stafford Smith says means it is not real, and as a result our country does not have one that can be enforced in law.  

The US, on the other hand, has its institutions governed by the Constitution, drawn up in 1787 following the wake of American War of Independence. It details how its legislative authorities work, where they are elected to and for how long.  

It is the oldest and longest-standing written and codified national constitution in force in the world, and because of this it means there are no conceivable circumstances in which any US president could suspend it, even for a day.  

Together with the Bill of Rights, it sets out what citizens can expect, including the First Amendment, detailing freedom of speech, and the Second Amendment ... the right to bear arms – one right Prof Stafford Smith thinks is foolish and an outlier. 

We are often called two nations divided by a common language, but are we also divided by the way in which our countries are governed?  

Professor Stafford Smith said: “We are going, as the famous Chinese proverb has it, to live in interesting times.  

“I am actually quite optimistic that Donald Trump will not do the worst things he proposes, as we will simply prevent it, even in the current Supreme Court.  

“But if he was in power in the UK, I would worry far more as we do not have a written constitution.”  

The lecture, Writing a British Constitution, is an examination of what the nations could look like with a structured document.  

But, as Prof Stafford Smith argues, the current status quo causes problems for the UK.  

“We currently have the King as the Executive – not really – with a Legislature comprising the House of Commons – not really – balanced by the House of Lords, and then we have the judiciary,” he says.  

“But do we also have Parliamentary Supremacy and whose idea was it that this overrides the role of the judiciary?” 

The lecture will be given at Gresham College’s base in Barnard’s Inn Hall, Holborn, London on Thursday, 9 January 2025. 

Starting at 6pm, entry is free, and it is also broadcast live online. It will last an hour.  

In-person places can be booked online via Gresham College’s website: https://www.gresham.ac.uk/whats-on/british-constitution 

ENDS 

Notes to Editors  

Images available on request

For more information about this story or to arrange an interview with a Gresham Professor please contact: Phil Creighton press@gresham.ac.uk   

About Gresham College  
Gresham College has been providing free, educational lectures - at the university level - since 1597 when Sir Thomas Gresham founded the college to bring Renaissance Learning to Londoners. Our history includes some of the luminaries of the scientific revolution including Robert Hooke and Sir Christopher Wren and connects us to the founding of the Royal Society.  

Today we carry on Sir Thomas's vision. The College aims to stimulate intellectual curiosity and to champion academic rigour, professional expertise and freedom of expression. www.gresham.ac.uk  

Gresham College is a registered charity number 1039962 and relies on donations to help us encourage people's love of learning for many years to come. For more details or to make a gift, visit our website.

About the series ‘The UK’s Unwritten Constitution: Is It Worth the Paper It’s (Not) Written On’?
This lecture series explores the influence that a constitution gives to those intent on bringing power to the powerless; the seemingly unnoticed impact on the UK of its lack of structure; the benefits of a proper constitution; and the need to educate the next generation to make it so.