The British Constitution

  • Posted on: 7 October 2011
  • By: admin

Until recently, the Ministry of Justice had this to say about the Constitution -

The British Constitution is not, as it is in many countries, a ‘written constitution’. It is not codified in a single document but is made up of a complex web of statutes, conventions, and a corpus of common and other law. It is also informed by an interweaving of history and more modern democratic principles. The legal premise of the United Kingdom constitution – that the UK parliament is sovereign – is a fundamental part of our constitutional arrangements. This means that an Act of Parliament must be obeyed by the courts, that later acts prevail over earlier ones, and that the rules made by external bodies cannot override Acts of Parliament.

The Bill of Rights 1689 and Magna Carta are important elements of our constitution. Magna Carta is Primary legislation and has the same status as any other legislation and is not immune from repeal or amendment. The same applies to the Bill of Rights which was an ordinary Act of Parliament passed in the ordinary way.

This statement is untrue - it is a political interpretation, with a political agenda. It is designed to nullify our Constitution and the protections it provides.

The first line, for example, states that the British Constitution is "unwritten." This is untrue, often repeated and unqualified in the press. It is strange that the Ministry of Justice would make such a statement, since the British Constitution is the basis for many of the world&;s constitutions, including those of the United States, Canada, Australia, New Zealand and India.

It is worth quoting U.S. President John Adams here, because he makes a few points to which we should pay close attention. Discussing the British Parliament and Constitution, he wrote:

If the people are not equitably represented in the house of commons, this is a departure in practice from the theory. — If the lords return members of the house of commons, this is an additional disturbance of the balance: whether the crown and the people in such a case will not see the necessity of uniting in a remedy, are questions beyond my pretensions: I only contend that the English constitution is, in theory, the most stupendous fabrick of human invention, both for the adjustment of the balance, and the prevention of its vibrations; and that the Americans ought to be applauded instead of censured, for imitating it, as far as they have. Not the formation of languages, not the whole art of navigation and ship building, does more honour to the human understanding than this system of government.

So what is this Constitution that the Ministry of Justice denies, and yet was held in high regard by one of the authors of the American constitution? Why would they wish to brush it under the carpet? Could it be that it has been treasonously and unlawfully undermined?