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03 October 2019 / David Greene
Issue: 7858 / Categories: Opinion , Brexit , Constitutional law
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Our unwritten constitution: under pressure & under scrutiny

Codifying the UK’s constitution to fill in the gaps is up for debate but seems politically unlikely, says David Greene

The opening of the legal year attracts lawyers from all over the world to London. There is much talk among them on the rule of law. At the service in Westminster Abbey this week, even the sermon talked about the rule of law in the context of Brexit.

Britain is hardly alone in experiencing rule of law issues. Even in the most secure constitutions, there are dynamics between the pillars of the constitution, government and Parliament, and government and the courts: such is the stuff of a living constitution.

Our constitution is marked with the common law in that it is largely unwritten; it is uncodified but is reflected in historic constitutional documents such as Magna Carta and the Bill of Rights and more modern constitutional legislation like the European Communities Act 1972 or the Human Rights Act 1998. In addition, the common law and the constitution have met in the courts over recent times to add

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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