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[1] Tomkins, A, Public Law (2003) Oxford University Press, p. 3

[2] Saudi Arabia’s “informal” constitutional instrument is the Basic Law of Governance promulgated by royal decree in 1992. Article 1 of the Basic Law establishes the Holy Qur’an and the Sunna as the constitution. Basic Law of Governance published in full on <www.saudiembassy.net about/country-information/laws/The_Basic_Law_Of_Governance.aspx >

[3] For example, racial laws were enshrined in various constitutions, most recently in apartheid South Africa. In the former Soviet Union, there was the dictatorship of the proletariat.

[4] Webley, Lisa and Samuels, Harriet (2012) Public Law (second edition) Oxford: Oxford University Press, p. 62

[5] The last amendment was in 1992. As per the official website dedicated to the US Constitution <www.archives.gov/exhibits/charters/ >

[6] Leyland, Peter (2007) The constitution of the United Kingdom: a contextual analysis Oxford and Portland: Hart Publishing, p. 2

[7] Tomkins, A, op.cit, p. 7

[8] In absolutist and theocratic states like Saudi Arabia, the government needed to find a way by which to accord its policies with the workings of the contemporary increasingly globalised world. The preamble to Basic Law of Governance states the king brought about the law “having taken into consideration the public interest, and in view of the progress of the State in various fields”

[9] Mount, Ferdinand (1992) The Recovery of the Constitution Charter 88, p. 2

[10] Tomkins, op.cit. p. 3. Also Bogdanor, Vernon (2009) The NewBritish Constitution Oxford and Portland: Hart Publishing, p. 9

[11] Bogdanor, V, op.cit. p. 11

[12] Lord Bingham, ‘The Sixth Sir David Williams Lecture: The Rule of Law’, delivered on 16 November 2006 at the Centre for Public Law, London.

[13] Raz, Joseph (1979) “The Rule of Law and its Virtue”, in Raz, J. The authority of law: essays on law and morality Clarendon Press, p. 215: “The law must be open and adequately publicized. If it is to guide people they must be able to find out what it is. For the same reason its meaning must be clear. An ambiguous, vague, obscure, or imprecise law is likely to mislead or confuse at least some of those who desire to be guided by it”.

[14] Barber, N W, “Against a Written Constitution” (2008) Public Law, p. 11

[15] Feldman, David (2005) “None, One or Several? Perspectives on the UK’s Constitution(s)” Cambridge Law Journal, Vol. 64, Issue 02, p. 329

[16] The First Minister of Scotland, Alex Salmond, speaking to the Foreign Press Association in London on 16 January 2013.

[17] The BBC (2008) “Straw’s written constitution hint”, BBC News, 13 February. “[the document] would spell out an individual’s obligations to society and place a new emphasis on the concept of civic duty”. Mr Straw was also quoted as saying that “the next stage in the UK’s constitutional development is to look at whether we need better to articulate those rights which are scattered across a whole host of different places and indeed the responsibilities that go with being British.”

[18]The Governance of Britain, Cm. 7170 (July 2007), para. 212, quoted in Bogdanor, V and Vogenauer, S “Enacting a British Constitution: Some Problems” (2008) Public Law, Spring, p. 38

[19] Bogdanor, V and Vogenauer, S, op.cit. In this instance, the elective dictatorship was the Conservative Government

[20] The term became successful almost immediately, and in following years was aimed as an invective both at the right and the left of the political spectrum.

[21] Gearty, Conor (2013) “What would you put in a UK constitution?”, The Guardian, 8 October

[22] Butler, Eamonn (2013) “Should Britain have a written constitution?”, on the blog of Adam Smith Institute, 12 December

[23] Lord Scarman op.cit.

[24] Institute for Public Policy Research (1991) A Written Constitution for the United Kingdom London: Mansell Publishing, p.73

[25] Tony Benn’s bill as quoted in Barnett, Hilare (2002) Constitutional and Administrative Law Cavendish Publishing, p. 174

[26] Barber N W, op.cit.

[27] Colley, Linda (2011) “Why Britain needs a written constitution”, The Guardian, 4 November

[28] Barber N W, op.cit.

[29] Bogdanor and Vogenauer, op. cit., p 40

[30] McLean, Iain (2012) What’s wrong with the British constitution? OUP. The institutions named above give the chapter titles of Part IV, “Things to Leave Out of Written Constitution”

[31] Jack Straw quoted by the BBC (2008) “Straw’s written constitution hint”, BBC News, 13 February

[32] Barber N W, op. cit., p. 14

[33] This paper will not emit any judgments as to the success of these efforts, but will merely record their presence in the constitution debate.

[34] Clark, Tom (2012) “Queen enjoys record support in Guardian/ICM poll” The Guardian, 24 May; Hennessy, Patrick (2013) “Confidence in British monarchy at all-time high, poll shows”, The Daily Telegraph, 27 July

[35] Stephen Hockman, Chairman of the Bar Council for England and Wales, in a letter to The Times, 8 February 2006, quoted in Bogdanor and Vogenauer, op.cit,. p. 39

[36] Lord Bingham, op.cit. For the year 2004, he quoted “some 3500 pages of primary legislation; [and] in 2003, nearly 9000 pages of statutory instruments.”

[37] Baker, J (2013) “The Unwritten Constitution of the United Kingdom” Ecclesiastical Law Journal 15(1), p. 4, at p. 8. The text was first delivered as the British Academy’s Maccabean Lecture in 2009 and was originally published in (2011) Proceedings of the British Academy 167. He put the number at “around 15,000 pages of new legislation every year, and the Labour Government is famously credited with the creation of some 3,000 new criminal offences.”

[38] MacCormick, N (1999) Questioning Sovereignty: Law, State, and Nation in the European Commonwealth OUP, p. 50

[39] Scotland Act 1998, Northern Ireland Act 1998, Government of Wales Act 1998 (later superseded by the Government of Wales Act 2006)

[40] Dicey, A V, The Law of the Constitution (1885), as stated in the “Introduction”

[41]Thoburn v Sunderland City Council [2002] EWHC 195 (Admin) at 62–64

[42] Tomkins, A, op.cit., p. 9–13

[43] Tomkins, A, op.cit., p. 15

[44] Barber N W,. op.cit., p. 18

[45] Barber N W, op.cit., p. 14

[46] Ibid.

Bibliography

Barber, N W (2012) The Constitutional State (reprint edition) Oxford: Oxford University Press

Bogdanor, Vernon (2009) The New British Constitution Oxford and Portland: Hart Publishing

Dicey A V (1885) Introduction to the Study of the Law of the Constitution, ed. Roger E Michener, Indianapolis: Liberty Fund 1982

Institute for Public Policy Research (1991) A Written Constitution for the United Kingdom London: Mansell Publishing,

Loughlin, Martin (2013) The British Constitution: A very Short Introduction Oxford: Oxford University Press

MacCormick, Neil (1999) Questioning Sovereignty: Law, State, and Nation in the European Commonwealth Oxford: Oxford University Press

McLean, Iain (2012) What’s wrong with the British constitution? Oxford: Oxford University Press

Mount, Ferdinand (1992) The Recovery of the Constitution London: Charter 88

Raz, Joseph (1979) “The Rule of Law and its Virtue” in Raz, Joseph The authority of law: essays on law and morality Oxford: Clarendon Press

Leyland, Peter (2007) The constitution of the United Kingdom: a contextual analysis Oxford and Portland: Hart Publishing

Lord Scarman (1992) Why Britain Needs a Written Constitution London: Charter 88

de Tocqueville, Alexis (1835) Democracy in America: Historical-Critical Edition of De la démocratie en Amérique, ed. Eduardo Nolla (translated from the French by James T. Schleifer. A Bilingual French-English edition) Indianapolis: Liberty Fund, 2010). Vol. 1. Chapter: CHAPTER 8: Of the Federal Constitution accessed from <http://oll.libertyfund.org/title/2285/218828> on 16 January 2014

Tomkins, Adam, Public Law (2003) Oxford: Clarendon Law Series, Oxford University Press

Webley, Lisa and Samuels, Harriet (2012) Public Law (second edition) Oxford: Oxford University Press

Articles:

Baker, John (2013) “The Unwritten Constitution of the United Kingdom” Ecclesiastical Law Journal 15(1), p. 4

Barber, N.W. (2008) “Against a Written Constitution” Public Law, Spring, p. 11

Barnett, Anthony (2009) “Bye bye, British Constitution”, The Guardian, 5 November, accessed from <www.theguardian.com/commentisfree/2009/nov/05/end-british-unwritten-constitution> on 20 January 2014

Beatson, Jack (2010) “Reforming an unwritten constitution” Law Quarterly Review 126, p. 48

Bogdanor, Vernon and Vogenauer, Stefan “Enacting a British Constitution: Some Problems” (2008) Public Law, Spring, p. 38

Butler, Eamonn (2013) “Should Britain have a written constitution?”, on the blog of Adam Smith Institute, 12 December, accessed from <www.adamsmith.org/blog/liberty-justice/should-britain-have-a-written-constitution> on 15 February 2014

BBC Staff (2008) “Straw’s written constitution hint” , BBC News, 13 February, accessed from <http://news.bbc.co.uk/1/hi/uk_politics/7241942.stm > on 15 February 2014

Clark, Tom (2012) “Queen enjoys record support in Guardian/ICM poll” The Guardian, 24 May, accessed from <www.theguardian.com/uk/2012/may/24/queen-diamond-jubilee-record-support > on 15 February 2014

Colley, Linda (2007) “Does Britishness Still Matter in the Twenty‐First Century — and How Much and How Well Do the Politicians Care?” The Political Quarterly 78, p. 21

Colley, Linda (2011) “Why Britain needs a written constitution”, The Guardian, 4 November, accessed from <http://www.theguardian.com/books/2011/nov/04/why-britain-needs-written-constitution > on 15 February 2014

Feldman, David (2005) “None, One or Several? Perspectives on the UK’s Constitution(s)” The Cambridge Law Journal, Vol. 64, Issue 02, p. 329

Gearty, Conor (2013) “What would you put in a UK constitution?”, The Guardian, 8 October, accessed from <www.theguardian.com/commentisfree/2013/oct/08/what-would-you-put-uk-constitution > on 26 January 2014

Hennessy, Patrick (2013) “Confidence in British monarchy at all-time high, poll shows”, The Daily Telegraph, 27 July, accessed from < www.telegraph.co.uk/news/uknews/theroyalfamily/10206708/Confidence-in-British-monarchy-at-all-time-high-poll-shows.html > on 16 February 2014

Jaconelli, Joseph (1985) “Constitutional Review in an Unwritten Constitution”

International and Comparative Law Quarterly 34, p. 627

Cases:

R(HS2 Action Alliance Ltd) v Secretary of State for Transport [2014] UKSC 3

Thoburn v Sunderland City Council [2002] EWHC 195 (Admin)

Other:

Lord Bingham, ‘The Sixth Sir David Williams Lecture: The Rule of Law’, delivered on 16 November 2006 at the Centre for Public Law, London. Annotated transcript accessed from <www.cpl.law.cam.ac.uk/past_activities/the_rt_hon_lord_bingham_the_rule_of_law.php> on 25 January 2014

Salmond, Alex, speech to the Foreign Press Association delivered on 16 January 2013 in London. Transcript accessed from <www.scotland.gov.uk/News/Speeches/constitution-rights-16-01-2013> on 10 February 2014

Various contributors, ‘Constitution UK: Crowdsourcing the UK’s Constitution’ <http://blogs.lse.ac.uk/constitutionuk/ >

Various contributors, ‘The Commission on a Bill of Rights’ report– A UK Bill of Rights? — The Choice Before Us’ press release published on 18 December 2012, accessed from <www.justice.gov.uk/news/press-releases/cbr/the-commission-on-a-bill-of-rights-report-a-uk-bill-of-rights-the-choice-before-us > on 10 February 2014

Various contributors, ‘The Basic Law of Governance’ <http://blogs.lse.ac.uk/constitutionuk/ >

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