The USA has, along with many countries, a single document defining the fundamental political principles, and establishing the structure, procedures, powers, and duties, of a government.Of course the study of US Constitutional Law doesn't end with that single document. There is a large body of caselaw and authoritative commentary to consult - as well as other subsidiary constitutional rules (for example: the Rules of the House of Representatives).
In Britain we talk of an "unwritten constitution". In fact it is written - in many different places, but there is no single document. The main sources are
Statutes - examples include
- Magna Carta (1215)
- The Habeas Corpus Act (1679)
- The Bill of Rights (1689)
- The Act of Settlement (1701)
- The Parliament Acts (1911 and 1941)
- The Peerage Act (1963)
- The European Communities Act (1972)
- The Scotland Act (1998)
- The Human Rights Act (1998)
- The House of Lords Act (1999)
- The Constitutional Reform Act (2005)
Caselaw - examples include
- AG v Jonathan Cape Ltd - the Crossman Diaries case - unenforceability of conventions
- BRB v Pickin - enrolled act rule
- GCHQ - Judicial Review categories & Royal Prerogative
- Factortame - impact of EU law on national statutes
- Pepper v Hart - use of Hansard by Courts
Conventions - defined as "rules of constitutional behaviour which are considered to be binding by and upon those who operate the constitution but which are not enforced by the law courts" - examples include
- The monarch always gives Royal Assent to bills passed by both Houses of Parliament
- the Prime Minister must be a member of the House of Commons
- the opinion of the law officers is confidential
Authoritative Works - by such writers as Sir William Blackstone, A V Dicey & Sir Ivor Jennings
