Abstract This paper inherently implies that the United Kingdom once had a constitution and that it is questionable whether it continues to do so. It begins with an explanation of what a constitution is and debates its current part in U.K politics today. Evidence is considered from a breadth of sources including the law courts, the European Union, the Blair reforms of devolution and increased use of referenda and theoretical argument from inter alia Dicey, Montesquieu and Madison.
From the Paper "When people talk of a constitution they often misleading refer to the single, codified document that entrenches the "laws, customs and conventions which define the composition and powers of the State and regulate the relationship of various state organs to one and other and the private citizen" . This is misleading, because a constitution need not be codified, nor for that matter written down. The greatest example of the single document mantra is the USA, but arguments that the UK lacks a constitution simply because it lacks a vellum document authoritatively stamped with a seal are rarely taken seriously. ?Many of the laws and rules that describe and regulate Britain's political system are in fact written down."
Abstract This paper assesses whether the traditionalist views held by Dicey, Blackstone and Jennings et al, still hold weight in contemporary Britain following enactment of the European Communities Act and the Factortame Merchant Shipping Case. It describes the traditionalist conventions, such as the enrolled bill rule, Heuston's manner and form thesis and implied repeal. It then looks at the UK court's attitude to the development of the common law in relation to these principles according to the primacy of European legislation and asks whether the British constition has been indirectly amended as a result.
From the Paper "However, a further challenge to the traditional view has come from the UK's membership of the European Union. The European Communities Act incorporates EC law into the UK legal system providing the mechanism by which EC law is incorporated, gives powers to government to implement EC law, provides that UK courts should interpret all legislation to avoid conflict and that they should determine disputes in accordance with the principles laid down by the European Court of Justice. It is the final point that has the strongest implications, in that the ECJ has decided in Internationale Handelsgesellschaft that EC law takes priority over incompatible national law. The principle was to be upheld in the Factortame case , where the House of Lords disapplied the Merchant Shipping Act when granting interim relief to Spanish fishermen in breach of UK law."
Tags: constititution, dicey, ecj, handelsgesellschaft, jennings, repeal, rights
