In the statement Lord Steyn makes in the question, he is stating that the UK constitution is controlled, however the Attorney General thinks it is to be implausible, therefore meaning it is not believable and in fact the UK constitution is uncontrolled; these two opinions contradict one another.
A constitution simply means a system of rules, which sets out how power is held by the parliament and how the power relates to the people living in the UK. Along …show more content…
Placed a statutory obligation on the state to act in accordance with the Convention rights.
Another one is the Parliament Act 1949 is an extension of the 1911 Act ; further limiting the power of the Lords. Baroness Hale stated in the R (Jackson) v Attorney General cases that ‘If Parliament can do anything, there is no reason why Parliament should not decide to redesign itself…’. , further developing Parliamentary supremacy within constitutional boundaries. The prevalent change to the constitution in recent years is the
Lastly, the Constitutional Reform Act 2005 , this is where the role of the Lord Chancellor was modified and the Supreme Court was established. This particular act displays the stability and consistency of separation of powers in the UK constitution and supports Lord Steyn’s statement. Without these separation of powers the UK would not be easily managed or controlled, however with these in place the UK constitution is well …show more content…
It has evolved and changed with certain matters, for example the devolution in both Scotland and Wales. Although the weakness of this is that as the UK constitution is not entrench and can be changed so easily, leaves it vulnerable to abuse. Realistically a government wouldn’t make rational constitutional changes without having support from the political nation, knowing that they will have to face a re-election within 5 years.
The rule of law is one of the fundamental principles of UK's unwritten constitution. It is the principle that the law of the land applies equally to all. A.V. Dicey ensures a ‘government of law' and not a ‘government of men’. From this it can be understood that the government is law, without the government making law there would be no law.
A key case illustrating the rule of law is Entick v Carrington (1765). In this case the defendants claimed under a warrant from the Secretary of State; broke into the plaintiff’s house and took some papers. Plaintiff sued in trespass. The rule of law was upheld in the sense that the Court held that The Crown did not have the power to just decide to take an action for which there was not lawful proposition. This shows the limit of power the state has and how the Crown overcome the power of this