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

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll