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The British Constitution and Contract Law

            The British constitution is one of the very few uncodified constitutions in the world. There are many reasons provided for this by various political philosophers. Although the absence of a codified constitution raises questions as to what institution of the government has the ultimate power, the various coexisting institutions of the United Kingdom undertake the responsibility of governance while Parliament is the law making body. This division of powers allow the uncodified constitution of Britain to operate smoothly. The debate about this kind of governmental system has always raised the question about what ought to be and what in fact is the ultimate controlling institution in the British political system. This essay in the first part aims to define, distinguish and analyse the concepts of parliamentary sovereignty (PS) and rule of law (RoL) which will help in the discussion and analysis of questions raised by the case of Jackson1 and how the issues raised in that case is seen by various scholars in relation to the rule of law and parliamentary sovereignty in the second part.
             Traditionally the concepts of PS and RoL are linked to the legislature and judiciary respectively but we will discuss that many modern political philosophers seem to have a shift in opinion. These concepts in itself have recently been subject to criticism as to their very existence. Questions have been raised as to which is the most supreme institution and if one of the existing institutions like the parliament or the judicial system is overpowering the other in Britain. The case of R (Jackson) v Attorney General2 in 2005 highlighted these issues when question as to the legitimacy of the Parliament Act 1949 was raised in the House of Lords (the highest court of appeal then) and the concepts of PS and the RoL were put through a tough test.
             First let us begin with PS. This concept is defined by the Parliament itself on their official website as "a principle of the UK constitution that makes Parliament the supreme legal authority in the UK, which can create or end any law.


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