The British Constitution: Why It Is Not a Myth

Анотація

This paper purports to explain the identity of Britain in the light of the legal system of England and Wales. The enactment, interpretation, application and enforcement, as well as the historical development of the main sources of law are shown as the central issues in describing the legal and political specificity of the UK. The aim of this paper is to discuss and evaluate the grounds for the stability of the English legal system. Thus, four general questions are addressed which may be considered problematic by those living in monist legal systems based on written constitutions: the supremacy of Parliament, including in the context of European Union law; the interpretation of statutes; the binding role of constitutional conventions; and following precedents as the epitome of common (‘judge-made’) law.