Constitutional Jurisdiction of the United Kingdom

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UK Constitutional Jurists That English Common Law evolved through judge made laws and jurist activity cannot be denied. It is a fact that the English common law has its roots in the Roman Common Law. (Allison, 2000, p. 37) However the Roman lawyers did not distinguish between private and public law and jurisprudence. Evolving law: Difference between the legislated law, codified and the common law is that while the legislated law may be subject to interpretation by the judiciary, the judiciary cannot make laws or modify the codes. In a constitution that has strict severance between the legislature and the judiciary, judiciary upholds the constitution and strikes down legislation as unconstitutional. It cannot however modify or substitute the laws. Judge made laws are more volatile and based on the changing times. That is why the common law is versatile because the judge made laws found in the latest precedents indicate the path that the law is now following. It is also easy to overrule mistakes, and the general jurisprudence is based on the thinking current rather than rigid legislation that requires a process alien to courts. It is the contributions of jurists that created the common law. It was in England that Lester commended that 'British Judges remain lions firmly before the throne of the crown and parliament'. This was proved true with the decision in M.V Home Office which shattered the immunity of the crown from injunctions of the court. (Allison, 2000, p.
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