Legal constitution

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A legal constitution is a constitution where the judiciary form the greatest check upon the use of executive power. A legal constitution can be contrasted with a political constitution where political accountability is the greatest method of controlling government. In a legal constitution, methods of official review and the striking down of unconstitutional legislation may be used in order to control government power. Whether a move from a political to a legal constitution has occurred in the United Kingdom after the passing of the Human Rights Act has been debated by scholars, including Richard Paul Bellamy. [1]

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References

  1. Bellamy, Richard (1 January 2011). "Political constitutionalism and the Human Rights Act". International Journal of Constitutional Law. 9 (1): 86–111. doi:10.1093/icon/mor024 via Oxford Academic.