header-logo header-logo

03 October 2019 / David Greene
Issue: 7858 / Categories: Opinion , Brexit , Constitutional law
printer mail-detail

Our unwritten constitution: under pressure & under scrutiny

Codifying the UK’s constitution to fill in the gaps is up for debate but seems politically unlikely, says David Greene

The opening of the legal year attracts lawyers from all over the world to London. There is much talk among them on the rule of law. At the service in Westminster Abbey this week, even the sermon talked about the rule of law in the context of Brexit.

Britain is hardly alone in experiencing rule of law issues. Even in the most secure constitutions, there are dynamics between the pillars of the constitution, government and Parliament, and government and the courts: such is the stuff of a living constitution.

Our constitution is marked with the common law in that it is largely unwritten; it is uncodified but is reflected in historic constitutional documents such as Magna Carta and the Bill of Rights and more modern constitutional legislation like the European Communities Act 1972 or the Human Rights Act 1998. In addition, the common law and the constitution

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
back-to-top-scroll