• SubArcticTundra@lemmy.ml
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      18 hours ago

      Hmm true, there is the ECHR. But it is implemented into british law in such a way that there’s nothing stopping laws being passed which are incompatible with it. Whereas with the US and other constitutions you have judicial review.

      • That’s not specific to having a constitution. Judges in the Netherlands for example also cannot do a judicial review to determine the constitutionality of any passed laws. And that’s with a written constitution. There’s also no supreme court. The closest thing is the Raad van State (the “state council”), which evaluates all laws on proportionality, constitutionality, and executability, and then advises the government what to do with a law. It’s convention that that advice is followed, but it’s not required.