<div class="gmail_quote">On 19 October 2012 05:51, Anders Sandberg <span dir="ltr"><<a href="mailto:anders@aleph.se" target="_blank">anders@aleph.se</a>></span> wrote:<br><blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex">
The Brits only have the later part, they can not claim the constitution is any moral guideline. But then again, it might be more honest to admit that a lot of politicking is just politicking rather than a profound moral process.<br clear="all">
</blockquote></div><br>Every conceivable regime has of course a material constitution, including that of Ghengis Khan. Additionally, the US constitution *is* amendable, and nothing prevents the country from being transformed in a Louis XIV-like monarchy through the appropriate, constitutionally sanctioned, procedures.<br>
<br>It is true, however, that the lack of a "formal" constitution, meaning a statute regulating the fundamental working of the pertinent legal system, adopted with special emphasis and changeable only with more formalities than ordinary legislation, makes England singularly prone to whim-of-the-day change to what used to be considered as "fundamental rights".<br>
<br>The "democratic" turn itself of the English constitution, where the Parliament has for long been taking liberties with the local common law and legal traditions that once would have been unthinkable, strengthens this trend.<br>
<br>Take for instance the "right to remain silent", equivalent to the US Fifth Amendment and enshrined in some continental constitutions. A prosecution-friendly majority does not like it, wham, it's gone.<br>
<br>--<br>Stefano Vaj<br>