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Constitutional Statutes

22 Pages Posted: 9 Mar 2016 Last revised: 5 Aug 2016

Farrah Ahmed

Melbourne Law School

Adam Perry

University of Oxford - Faculty of Law

Date Written: March 7, 2016

Abstract

In recent years, British courts have treated constitutional statutes differently from ordinary statutes. This article sets outs to explain: (1) how courts have treated constitutional statutes differently from ordinary statute; (2) what a constitutional statute is; and (3) why constitutional statutes should be treated differently from ordinary statutes. Courts have made it harder for ordinary statutes to repeal constitutional statutes by implication, and easier for constitutional statutes to repeal ordinary statutes by implication. A constitutional statute is a statute which regulates state institutions, and which possesses importance of a particular type that we describe. The nature of a constitutional statute largely – but not entirely – justifies the special treatment they have been given. These conclusions have wider implications, including for proposals to codify the British constitution.

Suggested Citation

Ahmed, Farrah and Perry, Adam, Constitutional Statutes (March 7, 2016). Oxford Journal of Legal Studies (Forthcoming). Available at SSRN: https://ssrn.com/abstract=2743936 or http://dx.doi.org/10.2139/ssrn.2743936

Farrah Ahmed

Melbourne Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

HOME PAGE: http://www.law.unimelb.edu.au/melbourne-law-school/community/our-staff/staff-profile/username/Farrah

Adam Perry (Contact Author)

University of Oxford - Faculty of Law ( email )

St Cross Building
St Cross Road
Oxford, OX1 3UL
United Kingdom

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