> ## Content Index
> Fetch the complete content index at: https://www.opendemocracy.net/llms.txt
> Use this file to discover other available public pages before exploring further.

# Damian Green: A constitutional failure
- URL: https://www.opendemocracy.net/en/damian-green-a-constitutional-failure/
- Published: 2008-12-04T12:12:59.000Z
- Updated: 2019-02-14T22:42:24.000Z
- Author: Tom Griffin
- Tags: #en, #Migrated, #Import 2026-04-09 18:49

**Tom Griffin (London,** [**OK**](https://www.opendemocracy.net/ourkingdom)**)**:Brassneck's [Mick Fealty](http://blogs.telegraph.co.uk/mick%5Ffealty/blog/2008/12/03/speaker%5Fmartin%5Fso%5Fmuch%5Ffor%5Fthat%5Funwritten%5Fconstitution%5F?ref=opendemocracy.net) is not impressed with speaker Martin's performance yesterday. Like [Mary Riddell](http://www.telegraph.co.uk/opinion/main.jhtml?xml=/opinion/2008/12/04/do0401.xml&ref=opendemocracy.net), he suggests that the Damian Green affair has highlighted the inadequacies of an unwritten constitution.

*In truth, the British Constitution was blown wide open by what may have been nothing more serious than a lapse in attention to important detail. The Police it seems failed, and the House also failed.*

In principle it still exists, but it is worthless if the functionaries upon which it relies at critical moments have not the first idea of how to perform that constitutional role.

Some would say such conclusions are overblown. "It is so easy to write and comment incessantly on something happening in parliament and in London," [Marcel Berlins](http://www.guardian.co.uk/commentisfree/2008/dec/03/features-comment?ref=opendemocracy.net) argues in the Guardian. "It is difficult to seek out far worse injustices that are occurring every day, all over the country, to unknown people."

Yet Parliament surely is supposed to be the vehicle for the redress of those very injustices. It is those unknown people who have the most to lose if their representatives can be arbitrarily arrested and their correspondence seized.

That is why the long Parliament met in 1642, and why Speaker Lenthall rightly prevented Charles I from seizing the five members. That is why, partisan considerations aside, everyone should be concerned about the arrest of Damian Green and the raid on his offices.

As [William Rees-Mogg](http://www.timesonline.co.uk/tol/comment/columnists/william%5Frees%5Fmogg/article5263357.ece?ref=opendemocracy.net) wrote on Tuesday: "All the evidence of history is that Parliament has to protect itself against outside pressure of all kinds, and particularly against coercion by the executive power."