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Home > Law > Law glossary > Law glossary
Written constitution
Last modified: Thu Feb 23 16:37:38 2006
A document setting out a state's legal framework and, perhaps, defining and limiting
the powers of the government.
The United Kingdom does not have
such a document, for better or worse. It does, however, have a number of `ordinary' legal instruments
which are treated by the courts as having some constitutional status. For example, the
European Communities Act (1972) imports into English law vast swathes of EU legislation.
In principle, an ActOfParliament passed later than 1972 should take precedence over it,
in accordance with the usual conventions of StatutoryInterpretation. However, the courts
have frequently upheld the 1972 Act, despite later contradictory enactments. If they did
not do this, the UK would be in breach of its obligations under the ECTreaty. All the same,
this practice is unusual, to say the least, in UK courts. In short, the 1972 Act has
achieved a constitutional status beyond that of other enactments made in the same way.
There are a number of other enactments which are, or probably would be, treated by the
courts in the same way.
Rules which can generously be classed as constitutional may be found in other written
sources as well. A good example is Erskine May's Parliamentary Practice (pedants please
note: `practice' is spelled with a `c' and not an `s' here. There are many spelling mistakes
on this site, but this is not one of them!)
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