Part 1 Legal Framework
Section 1 Overview
There is no written constitution or comprehensive Bill of Rights; Britain's constitution is to be found partly in conventions and customs and partly in statute. The Act known as the Bill of Rights 1689 deals with the exercise of the royal prerogative and succession to the Crown.
The British legal system provides some remedies to deal with human rights abuses. For instance, the remedy of 'habeas corpus' secures the individual's right to freedom from any unlawful or arbitrary detention.
Parliament, however, has power to enact any law and change any previous law.
There is no fundamental distinction between 'public law' and 'private law'. Any person can take proceedings against the Government or a local government authority to protect his or her legal rights and to obtain a remedy for any injury suffered.
Britain has not generally codified its law and courts adopt a relatively strict and literal approach to the interpretation of statutes.
The ratification of a treaty or international convention does not make it automatically part of the domestic law. Where necessary, the Government amends domestic law to bring it in line with the convention. Because of Britain's membership of the European Community, Community law is part of British law and takes precedence in the event of conflict between the two.