tag:blogger.com,1999:blog-21959228.post4688428028868685840..comments2024-03-28T09:14:52.110+00:00Comments on Sinclair's Musings: American Constitutional Law manages to get even more bizarre...Matthew Sinclairhttp://www.blogger.com/profile/05948452770723874618noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-21959228.post-65900698369311705962007-06-26T12:47:00.000+01:002007-06-26T12:47:00.000+01:00I think that most cases of judicial review in the ...I think that most cases of judicial review in the UK are under administrative law (the infamous Wednesbury unreasonableness) - it is part of the unwritten constitution that Parliament is sovereign (even if it has delegated by acts, which could be repealed, some authority to European institutions).<BR/><BR/>This is a good example of something I've been thinking about quite a lot of late - the imperfections in the US constitution. There was, from what I can see, a lot of debate about what form the executive should take. Originally, the Pres and Veep were not elected on a ticket, and so the conflict of interest is not as obvious; indeed, any conflict might have been because of outright animosity between VP and President.<BR/><BR/>It is, though, an oversight - the number of occasions where this might happen would have been thought very small (indeed, correct - zero), but it shows that not every detail was considered and that parts were made both on the hoof and in a rush, as well as trying to avoid unnecessary controversies. It gives the lie to the 'genius of the constitution' and attempts to make it more than it is - a human, flawed document.Dave Colehttps://www.blogger.com/profile/14607982331690895063noreply@blogger.com