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by L0stRegulator 2491 days ago
This is where a written constitution is super important. The UK (or England & Wales to be specific) doesn't have one, and relies on 'constitutional conventions' (which needless to say shift in interpretation by whoever is in government).

The lack of a written constitution has allowed certain things like the UK equivalent of the 5th Amendment (invoking the right of silence when questioned in a criminal proceeding does not invoke an appearance of guilt that can be told to the jury) disappear under Tony Blair.

1 comments

No. If you took the current UK constitution and wrote it all down on one piece of paper, we would be in exactly the same situation.

The important thing about a constitution is that it is well-designed, not that it is written down.

The issue is that if it was written down it would be well defined. There would be legal cases for clarification rather than loosely defined precedents. It's too fluffy and malleable, which can work well in good times, and very badly under oppressive regimes.