England UK

T N Nurse wrote:
> In article <1109335715.292305.231610@f14g2000cwb.googlegroups.com>,
> hwake@freeispshares.co.uk wrote:
>
> > Joe Hutcheon wrote:
>
> > > The US constitution can be found in a couple of mouse clicks.
The
> > same
> > > would apply to the written constitutions of most countries,
except
> > Britain,
> > > which does not have a written constitution. Feel free to prove
me
> > wrong.
> >
> > What on earth made you think Britain does not have a written
> > constitution?!!!!!!!!!!!!
> > There are any number of textbooks on the British Constitution. But
from
> > a couple of mouse clicks:
> >
> > "It is not true to say, as people often do, that Great Britain does
not
> > have a constitution. Rather, it is not a codified constitution.
> > The Six Sources of the British Constitution are as follows
(edited):
>
> Yup, edited to remove number 2 - Common Law. And since common law
> does not apply to Scotland it cannot be taken to represent a UK
> constitution. But then, this is just someone's incorrect opinion
> of what it is, not some authoritative reference. Full quote is:
>
> 1. Statute Law Straight forward Acts of Parliament, E.g.
> Criminal Justice Act, 1994
>
> 2. Common Law One power that British Judges do have is that to
> make 'Common Law' in unprecedented situations. Other Judges
> faced with similar circumstances should follow the previous
> decision.
> [This, of course, is incorrect and applicable only to English and
> Welsh judges]
>
> 3. Royal Prerogative These are powers officially held by the Monarch,

> but in practice they are delegated to the Prime Minister. Examples
are
> the power to confiscate land in emergencies and the power to give up
or
> take away territory. This source is probably the most undemocratic
and
> outdated.
>
> 4. Convention Well okay, perhaps I was a bit hasty in awarding the
> coveted 'Antiquated Award' to RP. One convention that is followed is
> that General Elections are always held on Thursdays.
>
> 5. Works of Authority These are old, large books written by
> 'Constitutional Theorists' and are used sometimes to establish
> procedure. An example is A.V. Dicey's An Introduction to the Study of

> the Constitution written in 1885.
>
> 6. Legislation of the European Union The most recent addition to the
> list, and to many - I hesitate to say conservatives - I hesitate to
say
> traditionalists - oh sod it, and to many Miserable Tory Bastards the
> most controversial. This includes EU treaties that Britain has signed

> and Directives. In one sense these laws are superior to Britain's own

> Acts of Parliament, but on the other hand, would not the repeal of
the
> European Communities Act 1972 end their significance?
>
>
> > from
http://www.everything2.com/index.pl?node=British%20constitution
> >
> > And after Lord Justice Laws comments we now add the Bill of Rights
to
> > the list.
>
> Nope. Not relavent to Scotland, therefore cannot be part of a Britsih

> constitution.


Well try arguing with Lord Justice Laws about it because he said that
it was, and of course he has now set a legal precedent. There are now
challenges to on the spot fines and the like and those purporting to
impose them are having to rethink what they are doing, so not only is
Lord Justice Laws statement accepted de jure as persuasive that the
Bill of Rights is part of the BRITISH constitution, it is also now de
facto part of the BRITISH constitution. If you don't think so, work
out your arguments and tell Lord Justice Laws.