Abstract
The British constitution has developed pragmatically over time and contrary to das Grundgesetz, that is to say the Basic Law, or the French constitution for example, its sources cannot be found in one single document. The British constitution is non codified, flexible, monarchical, not entrenched, written, bicameralist, and there are the principles known as the parliamentary sovereignty and the principle of the rule of law which is considered to be the heart of the British Constitution(BC). The British Constitution derives for a variety of sources only some of which are written.
Examples of written sources of the BC:
-Statutes (Acts of Parliaments, Enactments)
-Common Law (Case law as prohibition del Roy)
-the royal prerogatives
-the European Community law (EC law)
-the lex et consuetedo (that is to say the standing orders of the House of Commons and the House of Lords)
-scholarly writings that is to say academic writings (in universities as in Oxbridge for example Vernon Bogdanor who was David's Cameron tutor and an Oxbridge don that's to say professor. He was very good in devolution which implies transfer of power from the centre to the periphery. It is more than French regionalization. It is less than German or American federalism. It is between regionalization and federalism).
Extract
[...] Examples of written sources of the BC: - Statutes (Acts of Parliaments, Enactments) - Common Law (Case law as prohibition del Roy) - the royal prerogatives - the European Community law (EC law) - the lex et consuetedo (that is to say the standing orders of the House of Commons and the House of Lords) - scholarly writings that is to say academic writings (in universities as in Oxbridge for example Vernon Bogdanor who was David's Cameron tutor and an Oxbridge don that's to say professor. He was very good in devolution which implies transfer of power from the centre to the periphery. It is more than French regionalisation. It is less than German or American federalism. It is between regionalisation and federalism). Examples of unwritten sources: all the constitutional conventions. For instance, the existence of the Prime Minister is not written. A constitutional convention is a gentleman's agreement, an understanding between politicians. [...]
[...] We can only be arrested for a definite crime. It is the beginning of the rule of law. No more arbitrary arrest. It started with a very famous case: the case of Entick/Carrington in the 17th. Entick's house was search arbitrarily. 4. The Bills of Rights 1688 It affirms the sovereignty of the Parliament and it enforces the separation of powers between the executive and the legislative. It reaffirms the fundamental rights mentioned in Magna Carta. It affirms the superiority of Parliament over the Crown. [...]
[...] Case that was brought by the council of civil service union. The minister for the civil service is the Prime Minister that is to say Attila the hen (The Iron Lady: Margaret Thatcher). The workers at the GCHQ wanted to join the Union and Thatcher said no because they worked for the security service so they have not the right to belong to the union because the security will be at stake (confidential matters). They won and Thatcher argued that she had prerogative powers so she can forbid people for HCHQ from belonging to the Union. [...]
[...] He was acting in the pressure of public opinion. That's why the home secretary, Michael Iron, was considered to have committed contempt of Court. They appealed that decision: they went through Judicial Review and it was held that he had committed Contempt of Court by disobeying a judge's order. If there is conflict between Statute law and Common Law, Statutes law takes precedents that is to say has the upper-hand due to the doctrine of Parliamentary Supremacy: it is the principle of parliamentary sovereignty. [...]
[...] But it wouldn't be a good deal, they will not do it. He can have the last word but it is not realistic so we can consider that EU law is superior to British law both de jure and de facto. The other sources It includes the standing orders of the House of Lords and of the House of Commons that is to say Lex and consuetudo parlementum for example parliamentary privilege which is the right to say whatever you kike without fearing to be ejected, arrested and dragged in front of Court for defamation. [...]
