UK's Constitution
One of the characteristic of a constitution is whether a particular constitution is Supreme or Subordinate.
A Supreme constitution is not subject to any external force.
A Subordinate constitution is where the constitution is drafted and introduced in a country by an external sovereign power. (e.g. Malaysia)
Q: What about UK's constitution? Is it Supreme or Subordinate?
What is the status of the British constitution following membership of the European Community and European Union?
On one hand, we say that UK's constitution is Supreme, but on the other hand, sovereignty of all EU members are limited by membership.
My opinion is that Parliament is Supreme in UK, and nothing, not even EU or ECHR could bind itself onto the British Constitution.
What do you think?
Well ... i had always wondered, in relation to your question, whether a Parliament is supreme or not depends on its membership to the EU - however, although theoratically that UK has a choice, its rather unlikely that UK would ever leave the membership as the economy may be well affected if they ever do.
Hence, it may not be Supreme now an is limited by ECHR and HRA
In reply to Alex,
UK's European Communities Act 1972 is merely an act of Parliament, it may be repeal at any given time.(however, they may not do so , as you said, due to economic reasons)
HRA 1998 - ECHR must be read in a way which is compatible so far as it is possible to do so, however, bear in mind that Section 3(2):
(b)
does not affect the validity, continuing operation or enforcement of any incompatible primary legislation; and
(c)
does not affect the validity,
continuing operation or enforcement of any incompatible subordinate
legislation if (disregarding any possibility of revocation) primary
legislation prevents removal of the incompatibility.
These are evidence that HRA 1998 does not bind itself upon Parliament.
What do you think?
UK constitution? Going by the standard definition that a constituion is a set of ducments which states explicitly the rights of the people and the functions of various government agencies, there is no such thing as a constitution in UK, unlike the US.
UK "constitution" comprises of case laws, statutes, royal prerogatives, conventions and most of these are unwritten, or more appropriately uncodified.
There is what i will call the theoritical supremacy and the practical supremacy of the UK constitution. Practically the Queen in Parliament is inferior and thereby subordinate to the EU parliament and the ECHR by virtue of the European Communities Act 1972 as written by ST3... above, the parliament in practice cannot dear to repeal that Act because we may say it has the same status as the 1707 Act of union. What ST3.. is saying is the theoritical supremacy tht the Parliament can repeal any law but in practice can it repeal the Human Rights Act 1998 or the Bill of Rights? So my own opinion because i will like to deal with reality is that the U.K consitution and the sovereignty of the parliament has be limited by the powers above