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Essay / A Written Constitution - 786
A Written Constitution A written constitution is a formal document which defines the nature of constitutional agreements; These theses include rules that govern the political system and the rights of citizens and governments in a codified form. The constitution of the United Kingdom is unwritten as it does not come from any single written document, but derives from a number of sources which can be seen as written and partly unwritten, examples of this include the conventions , acts of authority, Acts of Parliament, EU law and common law. In many countries, for example the United States, the legislative branch is limited by the Constitution in the laws it can or cannot pass. The United States Supreme Court can declare laws passed by the legislature unconstitutional and therefore invalid. The traditional view in the United Kingdom is that Parliament is not subject to any legal limitations and that the British courts have no power to declare laws duly passed by Parliament invalid. According to AV Dicey (Constitution Act, 1885), “In theory, Parliament has total power. He is sovereign. The concept of parliamentary sovereignty means that Parliament is the supreme legal authority in the United Kingdom. This contrasts with many European and Commonwealth countries, which have a clearly defined constitutional settlement. The closest thing to a bill of rights in the UK today is the Human Rights Act 1998, which incorporates the European Convention on Human Rights 1950 (ECHR) into the national law. The main features of the unwritten constitution would be described as uncodified. , noting that it is therefore flexible and unitary (excluding recent decentralization). That said, the UK, ...... middle of paper ......ion This would become a problem for a number of reasons: Judges are not representative. the public; as such, they are unlikely to represent minority groups or activists. Judges are unaccountable and unanswerable to Parliament or the public and, since they are not elected, it would not be reasonable for them to overthrow an elected Parliament. Thus, the central controversy surrounding the notion of a written constitution has been its potential to act as a check on the democratic supremacy of Parliament. Some believe that the notion of an unelected judiciary challenging the sovereignty of Parliament is fundamentally opposed to the notion of representative democracy. This alone suggests that the current system provides a strong and effective government with accountability and supreme authority..