‘The absence of a written fundamental law … enables constitutional alteration to be brought about within the United Kingdom with the lower limit of constitutional formality. ’

See the beginnings of the UK fundamental law and the methods by which it may be changed. Make you hold with Barnett’s positions?

The UK’s unwritten fundamental law. formed of Acts of Parliament [ AoP ] . Royal Prerogative [ RP ] . Constitutional Convention [ CC ] and Case Law [ CL ] . prompts much argument about the easiness of which constitutional alteration can be introduced. A written fundamental law is. by definition and pattern. difficult to change nevertheless it remains to be seen whether it is any easier to alter an unwritten fundamental law. While the natural reply seems to be that it is easier to change. practical considerations seem to bespeak an opposite world.

1 ) Acts of Parliament
a ) Easy
I ) Parliamentary Supremacy ( from Dicey )
( 1 ) Parliament can go through whatever statute law it likes. therefore it can present or revoke any jurisprudence as it sees fit ( 2 ) No other individual or organic structure can alter or revoke statute law which Parliament as enacted ( a ) Unlike under the US written fundamental law where the bench can declare statute law as unconstitutional two ) Technically this means that Parliament could. at any clip. add/amend/remove any Act of Parliament. hence changing the fundamental law ( 3 ) Powers given to Scotland through Scotland Act 1998 could be removed three ) Constitutional Reform Act 2005

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( 4 ) Altered several of import facets of the fundamental law. including making the Supreme Court ( 5 ) Did non change underlying rules and values nevertheless b ) Hard
four ) Extra ‘non-legal’ factors
( 6 ) Political docket of authorities
( 7 ) Public sentiment
( 8 ) Economic considerations
V ) Acts are historically entrenched
( 9 ) Magna Carta 1215 ( authorities must be conducted harmonizing to jurisprudence ) ( 10 ) Bill of Rights 1689 ( removed many sovereign rights and gave to Parliament ) six ) Significant periods of clip can be taken to go through an Act ( 11 ) Hunting Act 2004

2 ) Case Law
degree Celsius ) Easy
seven ) Legally altered by:
( 12 ) Higher tribunals
( 13 ) Acts of Parliament
eight ) Judicial Review
( 14 ) Interpretation of legislative act
( B ) R V Secretary of State for Transport. ex p Factortame Ltd ( No. 1 ) [ 1990 ] AC 85 and ( No. 2 ) [ 1991 ] 1 AC 603 ( I ) House of Lords suspended the operation of an Act of Parliament where the Act was in struggle with EU jurisprudence nine ) Judges exercise discretion in instances intending CL can reflect altering moral criterions ( 15 ) Human Rights 1998

ten ) Courts do non ever bind themselves
( 16 ) Young v Bristol Aeroplane Co
( degree Celsius ) Gives exclusions where the Court of Appeal is non bound upon itself ( vitamin D ) Illustrates flexibleness in determination and therefore the fundamental law vitamin D ) Hard
eleven ) Doctrine of Precedent
( 17 ) Often ensures that alteration is hard
( 18 ) Even if old instance non adhering. still persuasive twelve ) Parliamentary Supremacy
( 19 ) Ensures that any determinations made in tribunals must follow any Acts of Parliament xiii ) Influence of EU ensures that changing UK fundamental law is difficult – can non be incompatible ( 20 ) A and others v Secretary of State for the Home Department [ 2004 ] UKHL 56 ( vitamin E ) Indefinite detainment of foreign captives in Belmarsh without test under the s. 23 of the Anti-terrorism. Crime and Security Act 2001 was incompatible with the European Convention on Human Rights and therefore the Human Rights Act 1998 xiv ) Certain elements are historically entrenched

3 ) The Royal Prerogative
vitamin E ) Easy
fifteen ) Powers that remain are residuary
( 21 ) Government now uses powers that used to be the monarch’s ( 22 ) Monarch’s function altered from powerful to ceremonial sixteen ) Powers could be removed by AoP
seventeen ) Fixed-term Parliaments Act 2011
( 23 ) Before the transition of the Act. Parliament could be dissolved by royal announcement by virtuousness of the Royal Prerogative. This originally meant that the British Monarch decided when to fade out Parliament ( 24 ) No longer the instance! Shows flexibleness

degree Fahrenheit ) Hard
eighteen ) Absolute powers still exist. merely in different organic structure ( 25 ) No constitutional alteration. merely altered who has power ( 26 ) No existent power for sovereign any longer
( degree Fahrenheit ) Hunting Act 2004
( two ) Despite personal positions and household bequest. the Queen was bound by convention to give Royal Assent xix ) Monarchy is entrenched in history
4 ) Constitutional Conventions
g ) Easy
twenty ) “not enforced” – Marshall and Moodie. ‘Some Problems of the Constitution’ ( 27 ) If non enforced. so can change as people will see in different ways xxi ) Not written or defined

( 28 ) Again. people can see in different ways – important Grey
country ( g ) Expenses Scandal
( H ) Jeremy Hunt and News of the World Scandal ( I ) 1982. Foreign Secretary Lord Carrington resigned over administrative weaknesss of his section after invasion of the Falklands BUT 2012. no surrender over Virgin Rail command although similar state of affairs = development? twenty-two ) Can be disposed of without any formal stairss

H ) Hard
twenty-three ) Accountable to electorate
twenty-four ) Political sensitiveness
twenty-five ) Overlap and contradictions
twenty-sixs ) Long standing and efficaciously entrenched
twenty-seven ) ‘Rules of the game’ and hence non easy altered

Through sing the beginnings of the fundamental law. it is easy to see that there are two valid sides of the statement. While technically there are few constitutional formalities that need to be satisfied to change most of these beginnings. frequently practical jobs such as public sentiment or economic considerations are involved. This leads me to reason that although there are few legal or constitutional barriers to alter. practical and existent jobs guarantee that constitutional alteration is slow and requires important attempt.


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