John Jackson (London, Mishcon de Reya): Tony Benn’s piece on liberty is beautifully written by a true libertarian. However it is, in essence, a call for vigilance and little more. That is not enough.

I am writing this in the United States where people are confronting with some discomfort aspects of their country’s recent past. Their new President when announcing the end of waterboarding and the closure of Guantanamo has reminded  them that the US will have and deserve little moral influence if it does not hold to its founding ideals. At the heart of those ideals is ‘liberty’. My friends are asking themselves what ‘liberty’ truly is and who should enjoy it.

What strikes me again and again is that when discussing some of the less fragrant events of the recent past they do not ask ‘Was it legal?’: instead they ask ‘Was it constitutional?’.

Holding to the Constitution is an important part of being American. It is part of the glue which holds American society together.

We have nothing similar in the UK. We are almost discouraged from thinking about our Constitution. We are the poorer for that.