A useful Tool

In 2011, Washminster will make plenty of references to the US Constitution. It is central to the workings of the US Congress - and indeed all the institutions of US Government. In additional, the "Bill of Rights" - which are the first ten amendments to the Constitution - and subsequent amendments - are key to the individual rights of US Citizens.

Britain does not have, yet, a Constitution set down in a single written document. The US Constitution is a useful model (both in structure and substance) to discuss the "Constitution" the UK could ultimately adopt. For students of Constitutional Law it is a useful document for understanding the American system and comparing with other systems. So expect lots of references in this blog.

I strongly recommend getting a copy - they are available on various websites - such as the Senate (with explanation of key points) or at US Constitution.net (pdf version). The Document was not written in a vacuum - so other key texts  such as the Declaration of Independence; the Articles of Confederation are useful



There are a number of useful guides to the background and meaning of the Constitution. My most used sources include -













and my prized possession

Structure of the Judgment in R v Chaytor

Unusually NINE Judges sat on this appeal - because of the important constitutional issues at stake. The Judgments are

paras 1-93        Lord Phillips (President of the Supreme Court)
paras 94-127    Lord Rodger
para 128           Lord Hope (Deputy President); Lady Hale; Lord Brown; Lord Collins; Lord Kerr
para 129           Lord Mance
Paras 130-134  Lord Clarke

The decision is unanimous - but Lords Rodger, Mance and Clarke have additional comments. The key judgment is that of Lord Phillips

paras 1-3          Introduction
paras 4-8          The Charges
paras 9-11        Entitlement to and administration of allowances
paras 12-13      The Claims to privilege
                         (1) Under Art 9 Bill of Rights
                         (2) Under the older concept of "exclusive cognisance"
paras 14-16      Who decides the issue of whether privilege applies?
paras 17-20      The original High Court Judgment in the case
paras 21-25      The Court of Appeal's judgment in the case
paras 26-92      ARTICLE 9 Bill of Rights - argument
paras 27-50      the jurisprudence of the courts
paras 51-62      Parliaments views
paras 63-78      EXCLUSIVE COGNISANCE - argument
paras 79-88      Crime and Parliament
paras 89-93      Conclusions