UK: What do you think about the concept of "constitutional mutation"?

Question

What do you think about the concept of "constitutional mutation" of constitutional rules or principles?

The european (continental) constitutional theory has developed a concept that is named: constitutional change or mutation (mutación constitucional/verfassungswand... That means that the constitutional rules or principles can be changed with out altering the text of the norm (with out amending it).

Is there a concept like this one in your legal system???
I am aware that in the UK there is no formal or codified constitution. And that the "constitutional" issues are regulated through laws, How do you see this concept within your own system??

Can you explain me about your constitutional system??

Answer 1

Unlike the US the UK has no written constitution, and as such the UK is founded on arcahic principles. Our (UK) constitution does not bestow rights/freedom on its citizens in any written form (unlike US Bill of Rights). It is said the UK is built upon a system of residual rights - meaning you can do anything you want to do as long as it doesn't contradict statutory law i.e. Offences Against the Person Act 1861 or common law (principles derived from case law) i.e. common law assault and battery.

As you are aware in the UK we introduced the ECHR into our legal system in the form of the Human Rights Act 1998, which came into effect 2nd October 2000.

What you must understand about the UK legal system is the principle of Parliamentary Supremacy. Which mean Parliament is the supreme law making power and law does not become law unless it had been passed by parliament. A UK court CANNOT declare a piece of statute law invalid.

Before the Human Rights Act the ECHR was not technically law as a treaty, and is only valid in UK law when it been through Parliament.

A further point about the Human Rights Act is that it has Incorporated a lot of loopholes so that any law created post 2000 can still be valid even if they are incompatible.

Hope this helps.

Answer 2

The UK constitution is managed using English Common Law - it is not a written document such as the Constitution of the United States.

UK uses English and Scottish Law - English Law in England and Wales and Scottish Law in Scotland. All these laws are set by the representatives of the people in those countries; England, Wales and Scotland.

Any outside interference or changes made to the UK constitution would in my view be unlawful since it would not have been a law enacted in the UK and/or Scottish Parliaments or the Welsh Assembly. I personally would see this as interference in the internal affairs of an EU member. The result may be even more demand from the British to pull out of the EU altogether.

Sounds like a case of bad law to me.

Answer 3

No. You have already outlined it. See EU constitution question.