The Rejection of Rational Deference (1973–1997)

It is in the 1970s that constitutional discussion comes to the forefront, first because of the constitutional consequences of the United Kingdom joining the EEC in 1973, and second because of the belief that a codified document would be better able to control a domineering executive. The role of the judiciary grew at the same time, mainly in response to the void left by the rejection of deference and because the idea of a codified document slowly took hold. If each of these changes was normal in democratic countries, in Britain this meant that the mechanisms of the constitutional monarchy were exposed to daylight, removing Bagehot’s shrouds of mystery one after the other.