The Political Constitution An Idea Worth Protecting? - Daniel Skeffington

6 The Political Constitution: An Idea Worth Protecting? Introduction British1 constitutional discourse has featured many prominent debates in the last few decades; the nature of human rights in a parliamentary democracy, the expanding influence of the judiciary and the role of the courts in the constitution, the sovereignty of parliament and the merits of a codified constitution have all been cent. [...] Ekins’ reading of the Miller 2 case is important as the case serves as a microcosm of the debate he is contributing to, highlighting his own focus on judicial power as the 37 The widely-covered Miller 2 judgement (R (Miller) v The Prime Minister and Cherry v Advocate General for Scotland) concerned the nature of the relationship between the prerogative powers of the Crown as exercised by the gover. [...] He distinguishes this political guardianship from the legal guardianship provided by the courts, noting it is the duty of this ‘guardian’ to protect and preserve the unity of the German people, for as ‘the president of the Reich is elected by the whole German people’ only he can ‘form a counterweight against the pluralism of social and economic power-groups and to preserve the unity of the people. [...] By defining exactly how he and the JPP view the history of the British state, the role the more legal and more political elements of the constitution have in the overall dialogue of the constitution, and how their own political proposals fit into the wider scheme of constitutional health would be beneficial to both their own analysis and the ability of others to engage with their work and assess t. [...] The final model this paper proposes seeks to reconcile the valuable contributions made by these two overarching frameworks, proposing a ‘homeodynamic’ model of the constitution in which the various images of the constitution are recognised for the roles they fulfil within the overall discussion of the constitution (for example, the role of the political constitution’s historical image in supportin.