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UK Written Constitutionshould the legislative process in Parliament be designed to secure that ‘unconstitutional’ bills are not passed? How could that be
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Given that the UK does not have a written constitution, should the legislative process in Parliament be designed to secure that 'unconstitutional' bills are not passed? How could that be done? 1,479 words The issue of whether legislative processes should be changed to ensure that 'unconstitutional' bills are not passed largely depends on one's definition of 'unconstitutional'. This essay will follow Lord Reid's definition of 'unconstitutional' acts as those acts where 'the moral, political and other reasons against doing them are so strong that most people would regard it as highly improper if Parliament did these things.'1 It is apparent from this definition that the relationship between legislative sovereignty and democracy is central as to whether processes should be put in place to secure that 'unconstitutional' bills are not passed. Once this relationship has been established, the various ways to prevent the passing of 'unconstitutional' bills will be discussed. The doctrine...
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