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Advantages And Disadvantages Of 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 …show more content…

It is obvious that from now on we will have a conflict between the Parliamentary supremacy and EU law. In the case Macarthys V Smith 1979 in which a man had as payment 60 GBP per a week, in comparison with a woman who paid in the same place at about 4 months later, 50 GBP per a week she claimed under the provisions of the Equal Pay Act 1970 that she should paid the same as the man. The EC Treaty in Article 119 has a principle of equal pay for equal work. Lord Denning applying to this Article said that we have a duty to give priority to the laws and the principles of the European community above the United Kingdom’s law. So throughout this case is clear that European Community laws affected well the Parliamentary supremacy and put limits to it. All this means the alteration of United Kingdom’s

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