The Uk's Constitution: An Unwritten Constitution
The UK’s constitution, once revered as the matchless constitution , has come under scrutiny in regards to whether the recent constitutional system that it holds is the best way to govern a country. The definition of a constitution can be stated as a “whole system of government of a country, the collection of rules which establish and regulate or govern the government” .
The UK’s constitution is identified as an unwritten constitution, though not to be taken literally as the constitutional laws of UK can be found actually written but not necessarily all in the same place therefore a better description is stated as being “partly written and wholly uncodified” . It is said that the UK lacks codification compared to fellow countries like USA …show more content…
differentiates the UK constitution is that countries with written constitutions created them after conflicts and catastrophic events such as the American War of Independence (1775-1783), before the creation of the US constitution or the French revolution in 1789 which their first …show more content…
Though it has been argued that the supposed supremacy of parliament is eroding due to the development of law such as entering the European Union in 1972 which now oversee and have the ability to override domestic law . The apparent problem with this is that UK legislatures no longer have power to enact legislation without abiding to EU law requirements . According to Sir William Wade, this resulted in what was said to be “constitutionally impossible” to do as the parliament of 1972 were now bounded by future parliaments which ultimately undermines the legal doctrine of parliamentary supremacy. A clear example is in the case of Factortame when it went against the UK’s constitutional practice that the most recent legislation was to prevail as priority, but instead invoked the European Communities Act 1972 over the Merchant Shipping Act which was passed in 1988 on the basis that when entering the European Communities (now known as European Union) the parliament made the agreement of “permanent limitation of their sovereign rights” and that should domestic
The UK’s constitution is identified as an unwritten constitution, though not to be taken literally as the constitutional laws of UK can be found actually written but not necessarily all in the same place therefore a better description is stated as being “partly written and wholly uncodified” . It is said that the UK lacks codification compared to fellow countries like USA …show more content…
differentiates the UK constitution is that countries with written constitutions created them after conflicts and catastrophic events such as the American War of Independence (1775-1783), before the creation of the US constitution or the French revolution in 1789 which their first …show more content…
Though it has been argued that the supposed supremacy of parliament is eroding due to the development of law such as entering the European Union in 1972 which now oversee and have the ability to override domestic law . The apparent problem with this is that UK legislatures no longer have power to enact legislation without abiding to EU law requirements . According to Sir William Wade, this resulted in what was said to be “constitutionally impossible” to do as the parliament of 1972 were now bounded by future parliaments which ultimately undermines the legal doctrine of parliamentary supremacy. A clear example is in the case of Factortame when it went against the UK’s constitutional practice that the most recent legislation was to prevail as priority, but instead invoked the European Communities Act 1972 over the Merchant Shipping Act which was passed in 1988 on the basis that when entering the European Communities (now known as European Union) the parliament made the agreement of “permanent limitation of their sovereign rights” and that should domestic