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Advantages And Disadvantages Of An Unwritten Constitution

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An “unwritten” constitution is a problem or a miracle. The constitution is “the set of laws, rules and practices that create the basic institutions of the state”. A historic constitution which in the years has a lot of changes and interventions from outsides powers, separations of three main bodies in the way that it works. We can see here that government is capable to enact laws, using the power of the Crown with the Parliament of course, which no other body can challenge, and the judiciary based in these statutes and laws can make also the precedents or else common law. Important changes happened a lot of years before and until our days we can see amendments in this system because as we said we have an “unwritten” constitution which is more flexible than others which are in codified form. But is the British constitution a political one or a legal one. As Adam Tomkins said in his book <Public Law>, “A political constitution is one in which those who exercise political power (let us say the government) are held to constitutional account through political means, and through political institutions (for example, …show more content…

In other words these are the powers that rule the United Kingdom until today. These separation of powers as a lot of philosophers and specialists have told before is very important for the simple reason that Montesquieu mentioned very clearly “When legislative power is united with executive powers in a single person or in a single body there is no liberty, because one can fear that the same monarch or senate that makes tyrannical laws will execute them tyrannically”. Although these statements, we can see that we do not have a strict separation between the three functions, as Bagehot said in his writings “the close union, the nearly complete fusion, of the executive and legislative powers”, with cabinet being responsible to

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