Markomalley, the UK very definitely has a constitution. You are talking about a codified constitution, which is one type of constitution. The strength (and also weakness) of the UK constitution is that it can evolve.
As for rights - how come human rights in at least some regards have much stronger protection in the UK than the US?
As for the Crown it all depends on exactly what you mean by that markomalley. Since 1689 the powers of the monarch have progressively been diminished.
What I said was,
perhaps you can send me a link to the UK’s Constitution then?
- (Not a collection of documents and common law that has developed over a thousand years, but the one, **single *document that is the supreme law of that land)
So why are you attempting to correct something that you fundamentally agree with?
From the
UK Constitution Society:
Experts debate how to define the British constitution. Britain is often said to have an ‘unwritten’ constitution, but this is not strictly true, because many of the fundamental aspects of the constitution can be found in documents, such as Acts of Parliament. However Britain does not have a single ‘codifying’ document, collecting together the fundamental laws of the nation.
What Britain has is a mixture of various institutions, statutes, conventions, customs, judicial decisions and treaties, which together can be called ‘the constitution’. The British constitution is not ‘entrenched’ and there is no document with ‘higher law’ status. There is no single or easy mechanism for distinguishing constitutional laws from the rest of the law or for testing whether laws passed or actions taken by governments are ‘unconstitutional’. Unlike other countries, there is no formal procedure which must be followed before changes are made to the British constitution.
In fact, the
UK Ministry of Justice mused this time last year:
if our rights and responsibilities should be drawn together in one place, perhaps in a Bill of Rights and Reponsibilities, so they are easily accessible and understood.
So what is your point? If you can send me a link to the UK Constitution, I would be more than happy to read it.
And once again, let me stress that I am
not saying that the UK does not have Constitutional Law or Constitutional Principles. It’s obvious that you do. But, since the Magna Carta, those rights have devolved from the Crown…the law evolved from the Crown…the Crown was not
established by the law.
You also commented,* As for the Crown it all depends on exactly what you mean by that markomalley. Since 1689 the powers of the monarch have progressively been diminished.*
My response would be that the Crown has gradually abdicated its rights since 1869. But the key difference is that the Crown has abdicated its rights; not that the people have delegated responsibilities to the Crown.
The UK Republic Society (an anti-monarchist group)
has the following observation about the subject that is interesting:
…power has to come from somewhere and must reside with someone. In Britain it comes from the Crown and resides with the government and parliament. The people barely get a look-in, being given only the occasional chance to participate in the formal political process.
One key feature of the constitution is the continuation of arbitrary, unlimited and unaccountable power - all of which derive from the Crown. Most of these are exercised by the government, some continue to be exercised by the Queen.
But, what does this have to do with healthcare?
Unlike in both Canada and the UK, our Constitution
established our Federal Government. Our Federal Government was created by the people and was given certain, specific responsibilities that are contained in our Constitution. Our Constitution also explicitly says that our Federal Government may not go farther than those powers that have been delegated to it. “Timcfc” made an utterly ridiculous claim that since we have public roads, a military, etc., that we are partially socialist and are being inconsistent in not supporting nationalized healthcare. Frankly, nationalized healthcare is not in our Constitution. Article I Section 8 does call for Congress to establish and fund the military, it does call for roads, and it does authorize police powers to enforce properly constituted federal laws on subjects authorized by Article I Section 8 (as well as any Amendment directing Congress to enact legislation on a certain subject). But a national health service (in any form) is not one of those “enumerated powers”
In both the UK and Canada, since sovereignty rests in the Crown and devolves toward the people, unless there is a “constitutional” law that expressly prohibits the government from taking an action or granting the people a “right” that would be infringed by such a law, the government is empowered to do as it wills on any subject, right?
In other words, for the NHS to be “unconstitutional” in the UK, there would need to be a law that expressly prohibited Parliament from creating such an agency. Am I correct on that?
On the other hand, in the US, our Constitution automatically prohibits the government from doing something unless it is expressly permitted in the Constitution.
In other words, there is a fundamental difference in paradigm.