Constitution of the United Kingdom (English Wikipedia)

A. V. Dicey, Introduction to the Study of the Law of the Constitution (3rd edn 1889) Part II, ch IV, 189, first "absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power", second "equality before the law, or the equal subjection of all classes to the ordinary law of the land administered by the ordinary law courts" and third, "principles of private law have with us been by the action of the courts and Parliament so extended as to determine the position of the Crown and of its servants". See also J. Raz, "The Rule of Law and its Virtue" (1977) 93 Law Quarterly Review 195. Contrast D. Lino, "The Rule of Law and the Rule of Empire: A. V. Dicey in Imperial Context" (2018) 81(5) Modern Law Review 739. Previously, discourse among international finance followed a restrictive ideal: M Stephenson, "Rule of Law as a Goal of Development Policy" (2008) World Bank Research
See JS Mill, Considerations on Representative Government (1861) ch 5. AW Bradley, KD Ewing and CJS Knight, Constitutional and Administrative Law (2018) ch 8.
J Froissart, Froissart's Chronicles (1385) translated by GC Macaulay (1895) 251–252.
F Pollock and FW Maitland, The history of English law before the time of Edward I (1899) Book I, ch I, 1, 'Such is the unity of all history that anyone who endeavours to tell a piece of it must feel that his first sentence tears a seamless web.' But see FW Maitland, The constitutional history of England (1909) 6, explaining pre-Norman collections of laws, and the Witan assembly to advise the King, a precursor to Parliament.
Pollock and Maitland (1899) Book I, 173
J Froissart, The Chronicles of Froissart (1385) translated by GC Macaulay (1895) 250–52, "What have we deserved, or why should we be kept thus in servage? We be all come from one father and one mother, Adam and Eve: whereby can they say or shew that they be greater lords than we be, saving by that they cause us to win and labour for that they dispend? They are clothed in velvet and camlet furred with grise, and we be vestured with poor cloth: they have their wines, spices and good bread, and we have the drawing out of the chaff and drink water: they dwell in fair houses, and we have the pain and travail, rain and wind in the fields; and by that that cometh of our labours they keep and maintain their estates: we be called their bondmen, and without we do readily them service, we be beaten; and we have no sovereign to whom we may complain, nor that will hear us nor do us right."
Debates on the proper nature of liberty were held at the Putney debates, October to November 1647, summarised in ASP Woodhouse, Puritanism and Liberty (1938) 52. By contrast, a bitter opponent of the civil war was T Hobbes, Leviathan (1651)
Cook, Chris (2005). The Routledge Companion to Britain in the Nineteenth Century, 1815-1914. Routledge. p. 68. ISBN 978-0-415-35970-2.
Dicey, A.V. (1915). Introduction to the Study of the Law of the Constitution. London: Macmillan Publishers. p. 70.

archive.today

Barendt, Eric (1997). "Is there a United Kingdom Constitution". Oxford Journal of Legal Studies. 137. Archived from the original on 15 April 2013. Retrieved 6 October 2007.

bailii.org

See R (Miller) v Prime Minister [2019] UKSC 41 (Parliamentary sovereignty), R (UNISON) v Lord Chancellor [2017] UKSC 51, [67] ff (rule of law), R (Animal Defenders International) v Secretary of State for Culture Media and Sport [2008] UKHL 15, [48] (democracy), R v Lyons [2002] UKHL 44, [27] (international law).
R (HS2 Action Alliance Ltd) v Secretary of State for Transport [2014] UKSC 3, [207]
See Entick v Carrington [1765] EWHC KB J98 and T. Bingham, The Rule of Law (2008)
cf R (Simms) v Secretary of State for the Home Department [1999] UKHL 33, [2000] 2 AC 115, 131, Lord Hoffmann, "Parliamentary sovereignty means that Parliament can, if it chooses, legislate contrary to fundamental principles of human rights. ... The constraints upon its exercise by Parliament are ultimately political, not legal. But the principle of legality means that Parliament must squarely confront what it is doing and accept the political cost. Fundamental rights cannot be overridden by general or ambiguous words. This is because there is too great a risk that the full implications of their unqualified meaning may have passed unnoticed in the democratic process. In the absence of express language or necessary implication to the contrary, the courts, therefore, presume that even the most general words were intended to be subject to the basic rights of the individual. In this way the courts of the United Kingdom, though acknowledging the sovereignty of Parliament, apply principles of constitutionality little different from those which exist in countries where the power of the legislature is expressly limited by a constitutional document."
R (Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5
R (Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5, 146. "Judges, therefore, are neither the parents nor the guardians of political conventions; they are merely observers. As such, they can recognise the operation of a political convention in the context of deciding a legal question (as in the Crossman diaries case – Attorney General v Jonathan Cape Ltd [1976] 1 QB 752), but they cannot give legal rulings on its operation or scope, because those matters are determined within the political world. As Professor Colin Munro has stated, 'the validity of conventions cannot be the subject of proceedings in a court of law' – (1975) 91 LQR 218, 228."
cf. MacCormick v Lord Advocate 1953 SC 396, Lord Cooper, "The principle of the unlimited sovereignty of Parliament is a distinctively English principle which has no counterpart in Scottish constitutional law." However this view was disapproved in R (Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5, [43]: "Parliamentary sovereignty is a fundamental principle of the UK constitution", and at [50]: "it is a fundamental principle of the UK constitution that, unless primary legislation permits it, the Royal prerogative does not enable ministers to change statute law or common law ... This is, of course, just as true in relation to Scottish, Welsh or Northern Irish law."
R (Jackson) v Attorney General [2005] UKHL 56, [104] per Lord Hope
Entick v Carrington [1765] EWHC KB J98
Malone v United Kingdom [1984] ECHR 10, (1984) 7 EHRR 14
R (Corner House Research) v Director of the Serious Fraud Office [2008] UKHL 60, [2]–[7]
R (Corner House Research) v Director of the Serious Fraud Office [2008] UKHL 60, [55]
R (UNISON) v Lord Chancellor [2017] UKSC 51, [66]–[68]
e.g. M v Home Office [1993] UKHL 5, holding the Home Secretary, Kenneth Baker, in contempt of court for failing to return a Zaire teacher to the UK on refugee status, despite a High Court judge ordering it be done.
Gorringe v Calderdale Metropolitan Borough Council [2004] UKHL 15, [2]. See also O'Rourke v Camden London Borough Council [1998] AC 188, "the [Housing] Act [1985] is a scheme of social welfare, intended to confer benefits at the public expense on grounds of public policy".
R v Lyons [2002] UKHL 44, [27] Lord Hoffmann
Hounga v Allen [2014] UKSC 47
See further R (SG) v Secretary of State for Work and Pensions [2015] UKSC 16, on the benefits cap, Lord Kerr, dissenting, at [247]-[257] argued the dualist theory of international law should be abandoned, and international law should be directly effective in UK law.
Secretary of State for the Home Department, Ex Parte Simms Secretary of State for the Home Department, Ex Parte O'Brien, R v. [1999] UKHL 33; [2000] 2 AC 115; [1999] 3 All ER 400; [1999] 3 WLR 328 (8th July, 1999), retrieved 15 June 2024
Animal Defenders International v United Kingdom [2008] UKHL 15, [48] per Baroness Hale. Confirmed in [2013] ECHR 362.
R (Electoral Commission) v City of Westminster Magistrate's Court and UKIP [2010] UKSC 40, holding that a partial forfeiture of £349,216 donations by a non-UK resident was appropriate.
Hounga v Allen & Anor [2014] UKSC 47, 30 July 2014, retrieved 15 June 2024
[2017] UKSC 51
Prohibitions, Case of [1607] EWHC KB J23, 1 November 1607, retrieved 15 June 2024, true it was, that God had endowed His Majesty with excellent science, and great endowments of nature; but His Majesty was not learned in the laws of his realm of England, and causes which concern the life, or inheritance, or goods, or fortunes of his subjects.
Case of Proclamations [1610] EWHC KB J22
Coke had already reported on many significant constitutional judgments, often adding his own style, including Heydon's Case (1584) 76 ER 637, that the task of a court in construing any statute is to find its mischief and the intention of Parliament, and Semayne's Case (1604) 5 Coke Rep 91, that nobody can enter another's property without lawful authority and that "the house of every one is to him as his castle and fortress, as well for his defence against injury and violence as for his repose." See also Calvin's Case Calvin's Case (1572) , 77 ER 377 that a person born in Scotland is entitled to all rights in England.
Case of Prohibitions [1607] EWHC J23 (KB)
Taff Vale Railway Co v Amalgamated Society of Railway Servants [1901] UKHL 1

bbc.co.uk

"Vote 2011: UK rejects alternative vote". BBC News. 7 May 2011.

bbc.com

'Crown Estate makes record £304m Treasury payout' (28 June 2016) BBC News. See map.whoownsengland.org and the colour purple for the Crown Estate. This includes (1) retail property such as Regent Street in London, commercial property in Oxford, Milton Keynes, Nottingham, Newcastle, etc., and a right to receive 23% of the income from the Duchy of Lancaster's Savoy Estate in London (2) 116,000 hectares of agricultural land and forests, together with minerals and residential and commercial property (3) rights to extract minerals covers some 115,500 hectares (4) 55% of the UK's foreshore, and all of the UK's seabed from mean low water to the 12-nautical-mile (22 km) limit, plus sovereign rights of the UK in the seabed and its resources vested by the Continental Shelf Act 1964.

bham.ac.uk

etheses.bham.ac.uk

Mc Manamon, Anthony (2012). The House of Lords and the British political tradition (Ph.D. thesis). University of Birmingham.

biblio.com

e.g. "Speech to the 69th Annual Conservative Party Conference at Llandudno" (9 October 1948). See J. Danzig, "Winston Churchill: A founder of the European Union" (10 November 2013) EU ROPE

bl.uk

"British Library". www.bl.uk. Archived from the original on 1 April 2019. Retrieved 5 January 2023.

books.google.com

Pilkington, Colin (1999). The Politics today companion to the British Constitution. Manchester University Press. p. 134. ISBN 978-0-7190-5303-0.
Kopstein, Jeffrey; Lichbach, Mark; Hanson, Stephen E., eds. (2014). Comparative Politics: Interests, Identities, and Institutions in a Changing Global Order (4, revised ed.). Cambridge University Press. pp. 37–39. ISBN 978-1-139-99138-4.
Hostettler, John (2011). Champions of the rule of law. Waterside Press. p. 23. ISBN 978-1-904380-68-9.
Terrill, Richard J. (2015). World Criminal Justice Systems: A Comparative Survey (revised ed.). Routledge. p. 20. ISBN 978-1317228820.
Abbott, Lewis F. (2006). "Five: "The Legal Protection of Democracy & Freedom: The Case for a New Written Constitution & Bill of Rights"". British Democracy: Its Restoration & Extension. ISR. ISBN 978-0-906321-31-7.
Dicey, A. V. (May 2009). Introduction to the Study of the Law of the Constitution. Lightning Source. p. 193. ISBN 978-1-4446-4096-0.

coe.int

European Convention on Human Rights (1950), Preamble
Mathieu-Mohin and Clerfayt v Belgium (1987) 10 EHRR 1, [47] on the European Convention on Human Rights Protocol 1, art 3

venice.coe.int

Presumed violations of international law and common law standards of free and fair voting; see the Venice Commission, Code of Practice on Referendums (2007) on asking questions with concrete, determinative choices.

commonlii.org

Coke had already reported on many significant constitutional judgments, often adding his own style, including Heydon's Case (1584) 76 ER 637, that the task of a court in construing any statute is to find its mischief and the intention of Parliament, and Semayne's Case (1604) 5 Coke Rep 91, that nobody can enter another's property without lawful authority and that "the house of every one is to him as his castle and fortress, as well for his defence against injury and violence as for his repose." See also Calvin's Case Calvin's Case (1572) , 77 ER 377 that a person born in Scotland is entitled to all rights in England.
(1772) 98 ER 499 Charles Stewart from Boston, Massachusetts had bought James Somerset as a slave and taken him to England. With the help of abolitionists, Somerset escaped and sued for a writ of habeas corpus (that "holding his body" had been unlawful). Lord Mansfield, after declaring he should "let justice be done whatever be the consequence", held that slavery was "so odious" that nobody could take "a slave by force to be sold" for any "reason whatever".

consoc.org.uk

"The UK constitution". The Constitution Society. Retrieved 5 January 2023.

cornell.edu

law.cornell.edu

Bradley, Joseph P. (dissenting). "Slaughter-House Cases 83 U.S. 36 (1873)". Legal Information Institute. Cornell University Law School. Retrieved 30 July 2016.

doi.org

Kahn-Freund, Otto (1976). "The Impact of Constitutions on Labour Law". The Cambridge Law Journal. 35 (2): 240–271. doi:10.1017/S0008197300012022. ISSN 0008-1973. JSTOR 4505935.

earlyenglishlaws.ac.uk

"Laws of Edward the Confessor". 26 May 2022.

gov.uk

See DCLG duties and other duties. Having an uncodified constitution means laws can be amended and changed easily, the rules are not entrenched

gov.wales

law.gov.wales

"How power is exercised within the UK | Law Wales". law.gov.wales. Retrieved 5 January 2023.

heinonline.org

AW Blumrosen, 'The Profound Influence in America of Lord Mansfield's Decision in Somerset v Stuart' (2007) 13 Texas Wesleyan Law Review 645

ideasoneurope.eu

eu-rope.ideasoneurope.eu

e.g. "Speech to the 69th Annual Conservative Party Conference at Llandudno" (9 October 1948). See J. Danzig, "Winston Churchill: A founder of the European Union" (10 November 2013) EU ROPE

ifs.org.uk

N Amin-Smith and D Phillips, 'English council funding: what's happened and what's next?' (2019) IFS, BN 250 Archived 3 November 2020 at the Wayback Machine

independent.gov.uk

lordsappointments.independent.gov.uk

See the Lords Appointments webpage.

jstor.org

T Bingham, "The Rule of Law" (2007), 66(1) Cambridge Law Journal 67, JSTOR 4500873; and see also T. Bingham, Rule of Law (2008) 8, "all persons and authorities within the state, whether public or private should be bound by and entitled to the benefit of laws publicly made, taking effect (generally) in the future and publicly administered in the courts." Lord Bingham, "The Rule of Law and the Sovereignty of Parliament" (31 October 2007), King's College, London, also remarked, "democracy lies at the heart of the concept of the rule of law".
cf A. J. Zurcher, "The Hitler Referenda" (1935), 29(1) American Political Science Review 91
See, for example, J Lobel, "The Limits of Constitutional Power: Conflicts between Foreign Policy and International Law" (1985), 71(7) Virginia Law Review 1071. J. Habermas, "The Constitutionalization of International Law and the Legitimation Problems of a Constitution for World Society" (2008), 15(4) Constellations 444. In Germany, see Basic Law § 25, "The general rules of international law shall be an integral part of federal law. They shall take precedence over the laws and directly create rights and duties for the inhabitants of the federal territory." In the EU, see Kadi and Al Barakaat International Foundation v Council and Commission (2008) C-402/05, holding that international law binds EU law unless it requires an act that would run contrary to basic human rights.
Kahn-Freund, Otto (1976). "The Impact of Constitutions on Labour Law". The Cambridge Law Journal. 35 (2): 240–271. doi:10.1017/S0008197300012022. ISSN 0008-1973. JSTOR 4505935.

judiciary.gov.uk

"Independence". Courts and Tribunals Judiciary. Retrieved 9 November 2014.

legislation.gov.uk

Parliament Act 1949 s 1.
Parliament Act 1911 s 1.
See the International Organisations Act 1968 ss. 1–8
United Nations Act 1946 s. 1
Constitutional Reform Act 2005 ss 108–9
Life Peerages Act 1958 s 1
House of Lords Act 1999 ss 1-2, or 90 plus the "Lord Great Chamberlain" and the "Earl Marshal".
Representation of the People Act 1983 ss 92. Furthermore, any "trading" with hostile foreign parties with whom the UK is "at war" may lead to seven years in prison. Trading with the Enemy Act 1939 (c 89) ss 1-2, seven years prison for trading with an enemy who is "at war with His majesty".
"Constitutional Reform Act 2005".
Sovereign Grant Act 2011 ss 1-6. This was raised from 15% by SI 2017/438 art 2.
Greater London Authority Act 1999 ss 31, 141, 180 and 333 (with highly limited powers except in transport)
Government of Wales Act 1998 Sch 5 listing (1) agriculture, fisheries, forestry and rural development) (2) ancient monuments and historic buildings (3) culture (4) economic development (5) education and training (6) environment (7) fire and rescue services and promotion of fire safety (8) food (9) health and health services (10) highways and transport (11) housing (12) local government (13) National Assembly for Wales (14) public administration (15) social welfare (16) sport and recreation (17) tourism (18) town and country planning (19) water and flood defence (20) Welsh language.
Limitation Act 1980 ss 2 and 5. But under s 11, the period is three years for personal injury or death, under s 11A ten years for defective products, and under s 15 twelve years to recover land.
Different books and cases categorise the grounds to review administrative discretion differently, as do different fields of law such as directors' duties in UK company law, unfair dismissal in UK labour law or implied terms in English contract law. Lord Diplock in the GCHQ case said the grounds were "illegality", "irrationality" and "procedural impropriety". A Le Sueur, M Sunkin and J Murkens, Public Law Text, Cases, and Materials (3rd edn 2016) ch 16 follows this. It is often, however, unclear how a procedural requirement of the law can be separated from substance, and it was thought that "irrationality" is too restrictive. AW Bradley, KD Ewing and CJS Knight, Constitutional and Administrative Law (2014) ch 24 now suggests substantive grounds, legitimate expectations and procedural grounds. In R (Baker) v Devon CC [1995] 1 All ER 73, 88, Sir Robin Cooke said 'The administrator must act fairly, reasonably and according to law. That is the essence and the rest is mainly machinery.' M Elliott and R Thomas, Public Law (3rd edn 2017) ch 12 generally follows this. Another categorisation of Lord Bingham of Cornhill, Rule of Law (2010) was 'Ministers and public officers at all levels must exercise the powers conferred on them in good faith, fairly, for the purposes for which the powers were conferred, without exceeding the limits of such powers and not unreasonably.' Contrast the Companies Act 2006 ss 171-177, codifying directors' duties.
Senior Courts Act 1981 s 31(1)
Bill of Rights 1689 and Claim of Right 1689 arts 2, 8 and 13
"Union with Scotland Act 1706". legislation.gov.uk. Retrieved 14 November 2020. Articles 18 and 19

libertyfund.org

oll.libertyfund.org

J Bentham, Anarchical Fallacies; Being an Examination of the Declarations of Rights Issued During the French Revolution (1789) art II
A Smith, The Wealth of Nations (1776) Book V, ch 1, §107

newstatesman.com

An Act abolishing the House of Lords 1649, reading "The Commons of England assembled in Parliament, finding by too long experience that the House of Lords is useless and dangerous to the people of England to be continued, have thought fit to ordain and enact, and be it ordained and enacted by this present Parliament, and by the authority of the same, that from henceforth the House of Lords in Parliament shall be and is hereby wholly abolished and taken away; and that the Lords shall not from henceforth meet or sit in the said House called the Lords' House, or in any other house or place whatsoever..." See also T Benn, 'We should abolish the House of Lords, not reform it' (12 July 2012) New Statesman

oxfordjournals.org

ojls.oxfordjournals.org

Barendt, Eric (1997). "Is there a United Kingdom Constitution". Oxford Journal of Legal Studies. 137. Archived from the original on 15 April 2013. Retrieved 6 October 2007.

parliament.uk

publications.parliament.uk

See House of Commons, Digital, Culture, Media and Sport Committee, Disinformation and 'fake news': Interim Report (29 July 2018) HC 363 and Electoral Commission, Report of an investigation in respect of Vote Leave Limited, Mr Darren Grimes, BeLeave, Veterans for Britain (17 July 2018). Litigated in R (Wilson) v Prime Minister [2018] EWHC 3520 (Admin) Archived 16 January 2019 at the Wayback Machine, and see E McGaughey, "Could Brexit be Void?" (2018) King's Law Journal.

lordslibrary.parliament.uk

Haves, Emily (4 July 2022). "UK Constitution: Proposals and ministerial responsibility".

squarespace.com

static1.squarespace.com

Archie v Law Association of Trinidad and Tobago [2018] UKPC 23, [18] Lady Hale, "A vital element in any modern democratic constitution is the independence of the judiciary from the other arms of government, the executive and the legislature. This is crucial to maintaining the rule of law: the judges must be free to interpret and apply the law, in accordance with their judicial oaths, not only in disputes between private persons but also in disputes between private persons and the state. The state, in the shape of the executive, is as much subject to the rule of law as are private persons." cf K. D. Ewing, "The Resilience of the Political Constitution" [2013] 14(12) German Law Journal 2111 Archived 30 October 2020 at the Wayback Machine, 2116, suggesting the current political constitution of the UK is not necessarily the same as a fully democratic constitution.
See, for example, J Lobel, "The Limits of Constitutional Power: Conflicts between Foreign Policy and International Law" (1985), 71(7) Virginia Law Review 1071. J. Habermas, "The Constitutionalization of International Law and the Legitimation Problems of a Constitution for World Society" (2008), 15(4) Constellations 444. In Germany, see Basic Law § 25, "The general rules of international law shall be an integral part of federal law. They shall take precedence over the laws and directly create rights and duties for the inhabitants of the federal territory." In the EU, see Kadi and Al Barakaat International Foundation v Council and Commission (2008) C-402/05, holding that international law binds EU law unless it requires an act that would run contrary to basic human rights.

ssrn.com

papers.ssrn.com

See House of Commons, Digital, Culture, Media and Sport Committee, Disinformation and 'fake news': Interim Report (29 July 2018) HC 363 and Electoral Commission, Report of an investigation in respect of Vote Leave Limited, Mr Darren Grimes, BeLeave, Veterans for Britain (17 July 2018). Litigated in R (Wilson) v Prime Minister [2018] EWHC 3520 (Admin) Archived 16 January 2019 at the Wayback Machine, and see E McGaughey, "Could Brexit be Void?" (2018) King's Law Journal.
cf R (Wilson) v Prime Minister [2018] EWHC 3520 (Admin) Archived 16 January 2019 at the Wayback Machine, and E McGaughey, 'Could Brexit be Void?' (2018) King's Law Journal

poseidon01.ssrn.com

cf GDH Cole, Self-Government in Industry (5th edn 1920) ch V, 134-135. S Webb, Reform of the House of Lords (1917) Fabian Tract No. 183, 7, at 12, preferring a chamber of around 100 people elected by proportional representation. E McGaughey, 'A Twelve Point Plan for Labour, and A Manifesto for Labour Law' (2017) 46(1) Industrial Law Journal 169 Archived 6 August 2020 at the Wayback Machine

theguardian.com

In the 2016 Brexit referendum a majority of voters favoured leaving the EU, and membership of the EU formally ended on 31 January 2020. Perraudin, Frances (13 December 2019). "Brexit: Boris Johnson to act swiftly in bringing deal back to MPs". The Guardian. Retrieved 20 December 2019.
cf 'Baroness Brenda Hale: "I often ask myself 'why am I here?'" (17 September 2010) Guardian "I'm quite embarrassed to be the only justice to tick a lot of the diversity boxes, for example the gender one, the subject areas in which I'm interested (which are not ones that most of my colleagues have had much to do with up until now), the fact that I went to a non-fee-paying school and the fact that I wasn't a practitioner for any great length of time. I'm different from most of my colleagues in a number of respects (and they're probably at least as conscious of this as I am). I think we could do with more of that sort of diversity."

ucl.ac.uk

UCL (8 November 2021). "What are constitutional conventions?". The Constitution Unit. Retrieved 5 January 2023.

ukineuchallenge.com

See House of Commons, Digital, Culture, Media and Sport Committee, Disinformation and 'fake news': Interim Report (29 July 2018) HC 363 and Electoral Commission, Report of an investigation in respect of Vote Leave Limited, Mr Darren Grimes, BeLeave, Veterans for Britain (17 July 2018). Litigated in R (Wilson) v Prime Minister [2018] EWHC 3520 (Admin) Archived 16 January 2019 at the Wayback Machine, and see E McGaughey, "Could Brexit be Void?" (2018) King's Law Journal.
cf R (Wilson) v Prime Minister [2018] EWHC 3520 (Admin) Archived 16 January 2019 at the Wayback Machine, and E McGaughey, 'Could Brexit be Void?' (2018) King's Law Journal

unlockdemocracy.org.uk

Scarman, Leslie (20 July 2003). "Why Britain Needs a Written Constitution". Charter88 Sovereignty lecture. Charter88. Archived from the original on 30 December 2009. Retrieved 31 January 2010.

web.archive.org

Archie v Law Association of Trinidad and Tobago [2018] UKPC 23, [18] Lady Hale, "A vital element in any modern democratic constitution is the independence of the judiciary from the other arms of government, the executive and the legislature. This is crucial to maintaining the rule of law: the judges must be free to interpret and apply the law, in accordance with their judicial oaths, not only in disputes between private persons but also in disputes between private persons and the state. The state, in the shape of the executive, is as much subject to the rule of law as are private persons." cf K. D. Ewing, "The Resilience of the Political Constitution" [2013] 14(12) German Law Journal 2111 Archived 30 October 2020 at the Wayback Machine, 2116, suggesting the current political constitution of the UK is not necessarily the same as a fully democratic constitution.
See House of Commons, Digital, Culture, Media and Sport Committee, Disinformation and 'fake news': Interim Report (29 July 2018) HC 363 and Electoral Commission, Report of an investigation in respect of Vote Leave Limited, Mr Darren Grimes, BeLeave, Veterans for Britain (17 July 2018). Litigated in R (Wilson) v Prime Minister [2018] EWHC 3520 (Admin) Archived 16 January 2019 at the Wayback Machine, and see E McGaughey, "Could Brexit be Void?" (2018) King's Law Journal.
"British Library". www.bl.uk. Archived from the original on 1 April 2019. Retrieved 5 January 2023.
cf R (Wilson) v Prime Minister [2018] EWHC 3520 (Admin) Archived 16 January 2019 at the Wayback Machine, and E McGaughey, 'Could Brexit be Void?' (2018) King's Law Journal
cf GDH Cole, Self-Government in Industry (5th edn 1920) ch V, 134-135. S Webb, Reform of the House of Lords (1917) Fabian Tract No. 183, 7, at 12, preferring a chamber of around 100 people elected by proportional representation. E McGaughey, 'A Twelve Point Plan for Labour, and A Manifesto for Labour Law' (2017) 46(1) Industrial Law Journal 169 Archived 6 August 2020 at the Wayback Machine
N Amin-Smith and D Phillips, 'English council funding: what's happened and what's next?' (2019) IFS, BN 250 Archived 3 November 2020 at the Wayback Machine
Scarman, Leslie (20 July 2003). "Why Britain Needs a Written Constitution". Charter88 Sovereignty lecture. Charter88. Archived from the original on 30 December 2009. Retrieved 31 January 2010.

whoownsengland.org

map.whoownsengland.org

'Crown Estate makes record £304m Treasury payout' (28 June 2016) BBC News. See map.whoownsengland.org and the colour purple for the Crown Estate. This includes (1) retail property such as Regent Street in London, commercial property in Oxford, Milton Keynes, Nottingham, Newcastle, etc., and a right to receive 23% of the income from the Duchy of Lancaster's Savoy Estate in London (2) 116,000 hectares of agricultural land and forests, together with minerals and residential and commercial property (3) rights to extract minerals covers some 115,500 hectares (4) 55% of the UK's foreshore, and all of the UK's seabed from mean low water to the 12-nautical-mile (22 km) limit, plus sovereign rights of the UK in the seabed and its resources vested by the Continental Shelf Act 1964.

wikisource.org

en.wikisource.org

See the Treaty of Versailles (1919) Part XIII and the General Treaty on Tariffs and Trade.
Treaty of Versailles (1919) Part XIII: Constitution of the International Labour Organization
Treaty on European Union art. 2
European Convention on Human Rights art 8 "(1) Everyone has the right to respect for his private and family life, his home and his correspondence. (2) There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others."
See Universal Declaration of Human Rights (1948) arts 21 and 29(2), International Covenant on Civil and Political Rights 1966 art 25, International Covenant on Economic, Social and Cultural Rights 1966, art 4
See, for example, J Lobel, "The Limits of Constitutional Power: Conflicts between Foreign Policy and International Law" (1985), 71(7) Virginia Law Review 1071. J. Habermas, "The Constitutionalization of International Law and the Legitimation Problems of a Constitution for World Society" (2008), 15(4) Constellations 444. In Germany, see Basic Law § 25, "The general rules of international law shall be an integral part of federal law. They shall take precedence over the laws and directly create rights and duties for the inhabitants of the federal territory." In the EU, see Kadi and Al Barakaat International Foundation v Council and Commission (2008) C-402/05, holding that international law binds EU law unless it requires an act that would run contrary to basic human rights.
cf W Bagehot, The English Constitution (1867) 111, suggesting the monarch has a right to be consulted, to encourage and to warn.
See W Langland, Piers Plowman (1370) Passus 5, 3278, "But I kan rymes of Robyn Hood" is the first mention of the tales, notably in the run up to the Peasants' revolt of 1381. As ballads and poems evolved, see John Stow, Annales of England (1592)
Petition of Right 1628 (3 Cha. 1. c. 1)
Debates on the proper nature of liberty were held at the Putney debates, October to November 1647, summarised in ASP Woodhouse, Puritanism and Liberty (1938) 52. By contrast, a bitter opponent of the civil war was T Hobbes, Leviathan (1651)
John Locke, Second Treatise on Government (1689) ch IX
M Wollstonecraft, A Vindication of the Rights of Woman (1792) ch IX

wiley.com

onlinelibrary.wiley.com

A. V. Dicey, Introduction to the Study of the Law of the Constitution (3rd edn 1889) Part II, ch IV, 189, first "absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power", second "equality before the law, or the equal subjection of all classes to the ordinary law of the land administered by the ordinary law courts" and third, "principles of private law have with us been by the action of the courts and Parliament so extended as to determine the position of the Crown and of its servants". See also J. Raz, "The Rule of Law and its Virtue" (1977) 93 Law Quarterly Review 195. Contrast D. Lino, "The Rule of Law and the Rule of Empire: A. V. Dicey in Imperial Context" (2018) 81(5) Modern Law Review 739. Previously, discourse among international finance followed a restrictive ideal: M Stephenson, "Rule of Law as a Goal of Development Policy" (2008) World Bank Research

winstonchurchill.org

e.g. "Speech at the University of Zurich" (19 September 1946).

worldbank.org

web.worldbank.org

A. V. Dicey, Introduction to the Study of the Law of the Constitution (3rd edn 1889) Part II, ch IV, 189, first "absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power", second "equality before the law, or the equal subjection of all classes to the ordinary law of the land administered by the ordinary law courts" and third, "principles of private law have with us been by the action of the courts and Parliament so extended as to determine the position of the Crown and of its servants". See also J. Raz, "The Rule of Law and its Virtue" (1977) 93 Law Quarterly Review 195. Contrast D. Lino, "The Rule of Law and the Rule of Empire: A. V. Dicey in Imperial Context" (2018) 81(5) Modern Law Review 739. Previously, discourse among international finance followed a restrictive ideal: M Stephenson, "Rule of Law as a Goal of Development Policy" (2008) World Bank Research

worldcat.org

search.worldcat.org

Kahn-Freund, Otto (1976). "The Impact of Constitutions on Labour Law". The Cambridge Law Journal. 35 (2): 240–271. doi:10.1017/S0008197300012022. ISSN 0008-1973. JSTOR 4505935.

yougov.co.uk

"Who are the monarchists? | YouGov". yougov.co.uk. Retrieved 18 September 2019.