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by Roark66 1065 days ago
I wonder if the UK ever decides to have a written constitution. On one hand they've been doing fine without one for centuries. On the other if this law passes the parliament that's it. There is no "constitutional court" to strike it down. No "president" to "not sign it". Etc.
3 comments

> There is no "constitutional court" to strike it down.

The Supreme Court exists for this very purpose, although it is subject to Parliamentary Sovereignty[0].

> No "president" to "not sign it".

Bills do not become law until given Royal Assent by the King. The King may refuse to give Royal Assent to any bill, although this has not been done since 1708.[1]

[0] https://en.wikipedia.org/wiki/Supreme_Court_of_the_United_Ki...

[1] https://en.wikipedia.org/wiki/Royal_assent#United_Kingdom

The UK does have a system of judicial review and various laws are classed as “constitutional” (such as the Human Rights Act) and have special protection.

The UK courts are currently weak because the government threatens their independence. But the same thing is happening in other countries such as Israel, so it’s not something that a written constitution can prevent. Ultimately the only thing that can guarantee judicial independence is for people to believe in it, and for people to take to the streets. Most British people just don’t care, that is the problem.

The problem with relying on a written consititution is that it can easily be changed.

The USA is in a position where it seems to be perpetually stuck in a 50/50 split of the elected government, so it's not possible for major constitutional reform to be passed by one party.

On the other hand, the current government in the UK has a majority of 80 MPs - if there was a written constitution, it's likely they could simply pass a law to re-write it.

In the US you need a super majority (of legislators or states) to amend the constitution. You'd have to do something like that. But the UK government system isn't really set up like this, there aren't the checks-and-balances of the US. (It's just civil servants undemocratically dragging their feet/slowing down processes they disagree with... which is not democratic.)