Quote:
Originally posted by wellard:
quote:
Originally posted by Aragorn1:
Thank good we've got an unwritten constituion, i wouldn't like to learn it.
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Maybe it is better that way. The written constitution can be a guiding light or an albatross around the neck.
Statute laws (Government made) from Magna Carta onwards defining the boundary of, but never over ruling, the unwritten Common laws (ancient accepted practices) are technically the UK constitution. Which makes it worrying is that the UK is not a democratic country with its house of lords and hereditary peers (still not all gone I believe) and that old slapper the MAJ on her throne. [/QUOTE]Well, we are democratic, we vote for our House of Commons. There are still some heriditary peers left, but the Parliament Acts mean that they can, given due process be over-ruled. The Crown, although technically allowed to veto legislation, no longer does so, and would provoke a constituional crisis if she did, other than that the crown has little direct power over the government of the country. The UK constitution is one of residual rights, i.e. what is not forbiden we have a right to do, and segments are also found in judicil decisions and statutes. Statutes do over-rule common law, in that the are the ultimate source of legislation, although not superior in terms of validity. Common law can be the only law relating to an offence, i.e. murder, or it can fill in legislation, which sets a frame work, such as theft, orit can adapt the law to fit situations where the statutory provisions alone would not be enough to secure conviction. I feel i is a good system, that allow for Parliamentary supremacy, but for the flexibility of case law to remain.
You seem to confuse custom, old parctices which are protected by law, with case made common law, although case law was based on custom, it evolved significantly and are now quite different.
[ 02-05-2005, 10:47 AM: Message edited by: Aragorn1 ]