Constitutional law Essay Example | Topics and Well Written Essays - 2000 words

Constitutional law - Essay Example It does not establish nor constitute the system of government. It does not involve constituent power. Its form of law is not superior to other laws; and it is not entrenched. All these characteristics are an integral part of a written constitution. One of the major differences of the British constitution from that of other countries is that it is not composed, written or set out in any single document like for example, that of the United States of America. Rather, it is made up of statute law, common law and conventions. Thomas Payne stated that the United Kingdom does not have a constitution. Against this background one can agree with Payne in saying that the United Kingdom does not have a constitution because there is no official written document. Since the United Kingdom does not have a written constitution there are several elements that are lacking which would give the people more autonomy. Amendments cannot be made to a constitution if there are no written documents to refer to. Even if amendments are attempted at times these are not seen as having far reaching effects because they are not legally binding. The United Kingdom is not seen as having a constitution because having a constitution hinges on the rights of the people. One of the earliest documents to form a central element of the constitution, the Magna Carta, was drawn up by the rich landowners so the rights of the common man were not provided for. It would therefore seem more difficult for the common man to clarify his rights and protect himself against the state. The Justice Secretary Jack Straw in a visit to Washington of February 2008 commented well on the British Constitution when he said that, "Most people might struggle to put their finger on where their rights are." It is difficult sometimes to know what the constitution really say because of the many