Abstract
In this chapter we shall look at the general character of the UK constitution. In most countries the constitution is contained in a special written document which is presented to the community as having a higher status than the ordinary law. Sometimes a constitutional provision is not alterable at all, as is the case with the French Constitution’s requirement of a republican form of government (although perhaps even this could be amended if the provision that says it cannot be amended is itself first changed). However, it is more common to lay down a special procedure, for example a referendum of the people, in order to change the constitution. In the United Kingdom (UK) we have no written or perhaps more accurately no codified constitution. Our constitution comprises a mixture of ordinary written laws comprising statutes and case law together with political rules and practices, the more important of which are known as conventions.
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Further Reading
Allott, P., The Theory of the British Constitution’, in Gross and Harrison (eds), Jurisprudence: Cambridge Essays.
Bagehot, The English Constitution, chapter 1.
Barendt, An Introduction to Constitutional Law, chapter 2.
Bogdanor, The Monarchy, chapter 1.
Dyson, The State Tradition in Western Europe, chapters 1, 7, 9.
Habermas, J. (1997), ‘The European Nation State. Its Achievements and Limitations. On the Past and Future of Sovereignty and Citizenship’, 9 Ratio Juris, 105.
Harlow and Rawlings, Law and Administration, chapter 1.
Held, D, Models of Democracy, chapter 10.
Himsworth C. (1996) ‘In a State no Longer: The End of Constitutionalism’, Public Law 639.
Mount, The British Constitution Now, chapter 1.
Laws, J. (1989) ‘The Ghost in the Machine: Principles of Public Law’, Public Law, 27.
Munro, Studies in Constitutional Law, chapter 1.
Van Caenegem, An Historical Introduction to Western Constitutional Law, chapters 1,5,7,8.
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© 1999 John Alder
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Alder, J. (1999). The Character of the UK Constitution. In: Constitutional and Administrative Law. Macmillan Law Masters. Palgrave, London. https://doi.org/10.1007/978-1-349-15077-9_2
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DOI: https://doi.org/10.1007/978-1-349-15077-9_2
Publisher Name: Palgrave, London
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