ORIGINAL ARTICLE
THE BRITISH CONSTITUTION: MYTHS AND REALITY
1 | Państwowa Szkoła Wyższa im. Papieża Jana Pawła II w Białej Podlaskiej
Pope John Paul II State School of Higher Education in Biała Podlaska |
Publication date: 2018-07-12
Economic and Regional Studies 2010;4(2):73–92
KEYWORDS
British constitutionparliamentary sovereigntyrule of lawunitary stateconstitutional monarchyconventions
ABSTRACT
The present article presents the most essential principles of the British constitution, namely its four most renowned principles: parliamentary sovereignty, the rule of law, a unitary state and a parliamentary government under a constitutional monarchy. As they have arisen over a centuries-long political process, their meanings and significance have caused controversy. Presenting them from the historical perspective provides a context for clarifying some of the myths that appear to have pervaded any discussion on the British constitution. The historical context and the division of the text into three major parts results from a view advocated by many theoreticians of the British state, who see its constitution as a product of the past cumulative experience rather than any definite political action. The article also attempts to explore the most important and contentious issues that have become focal points for current political discussion in the post-1997 reforms time, a period when the Labour party has introduced its reform agenda. It presents the first tangible outcomes of the introduced measures and their impact on the understanding of the traditional British constitution.
REFERENCES (23)
2.
Blake R. (1999), Constitutional Monarchy: The Prerogative Powers, in D. Butler i.in. (red.) The Law, Politics and the Constitution, Oxford, OUP, s. 19-32.
3.
Bogdanor V. (1999), Devolution and the British Constitution W: D. Butler i in. (red.) The Law, Politics and the Constitution, Oxford, OUP, s. 54-78.
4.
Bogdanor V. (2007), Should Britain have a Written Constitution? W: The Political Quarterly, Vol. 78:4, s. 499-517.
6.
Brougham H. (1861), The British Constitution: Its History, Structure and Working, London, R. Griffin.
8.
Clements R., Kay J. (2001), Blackstone’s Law Questions and Answers: Constitutional and Administrative Law, London, Blackstone.
9.
Haseler S. (1993), The End of the House of Windsor. The Birth of a British Republic, London, Tauris.
10.
Harvey J. (1987), Bather, L. The British Constitution and Politics, Houndmills, Macmillan.
11.
Johnson N. (1999), Law, Convention and Precedent in the British Constitution, W: D. Butler, et al. (eds.), The Law, Politics and the Constitution, Oxford, OUP, s.131-153.
12.
Johnson N. (2004), Reshaping the British Constitution: Esseys in Political Interpretation, London, Palgrave Macmillan.
15.
Lyon A. (2003), Constitutional History of the United Kingdom, London, Cavendish Publishing.
16.
Mitchell J. (2006), Devolution’s Unfinished Business in The Political Quarterly, 77:4, s. 465-74.
18.
Norton P. (2007), The Changing Constitution in B. Jones, et al. (eds.) Politics UK, London, Longman, s. 357-80.
19.
Norton P. (2007), The Crown W: B. Jones, et al. (red.) Politics UK, London, Longman, s. 379-405.
20.
Stanford, Lord ‘Keynote Address’ in Stanford Law Review; 2007, Vol. 59:5, s. 1155-1173.
21.
The Ministerial Code: A Code of Ethics and procedural Guidance for Ministers (2005), http://www.cabinetoffice.gov.u... ethics-/assets/ministerial_code.pdf.
22.
Todd, A. (1867), On Parliamentary Government in England: Its Origin, Development and Practical Operation, London, Longmans and Green,.
23.
Turpin C., Tomkins C. (2007), British Government and the Constitution, Cambridge, CUP.