Workshop 1: Preparatory Activities
Activity one particular (essay program re-done)
‘The absence of a written metabolic rate... enables constitutional change to be brought about within the United Kingdom while using minimum of constitutional formality. '
Consider the sources of great britain constitution plus the methods with which it may be changed. Do you agree with Barnett's opinions?
The Britian's unwritten constitution, formed of Acts of Parliament [AoP], Royal Prerogative [RP], Constitutional Convention [CC] and Case Law [CL], prompts very much debate regarding the ease of which usually constitutional alter can be introduced. A crafted constitution can be, by description and practice, hard to alter however it remains to be seen whether it is virtually any easier to change an unwritten constitution. As the natural response seems to be that it must be easier to change, practical concerns seem to reveal an opposing reality.
1) Acts of Parliament
i) Parliamentary Superiority (from Dicey)
(1) Parliament can pass no matter what legislation it likes, hence it can present or repeal any rules as it recognizes fit (2) No additional person or body can change or repeal legislation which in turn Parliament as enacted (a) Unlike under the US written constitution where judiciary may declare laws as out of constitute ii) Technically this means that Parliament could, anytime, add/amend/remove any Act of Parliament, therefore altering the constitution (3) Powers provided to Scotland through Scotland Work 1998 could possibly be removed iii) Constitutional Change Act 2006
(4) Modified several significant aspects of the constitution, which includes creating the Supreme Court (5) Did not change underlying principles and beliefs however b) Hard
iv) Extra ‘ non-legal ' factors
(6) Political schedule of government
(7) Public judgment
(8) Monetary considerations
v) Acts happen to be historically...