Part 31 – UK: “Written” Constitutions are tips of massive Icebergs
Many people in the UK believe they do not have a constitution.
That is not true.
They have what is called an “unwritten constitution” and the “unwritten” Constitution of the UK has continued to evolve from its common law roots.
That is, it is said to be “unwritten” because it is not contained in one “Constitution” document like Australia and America.
The so called "written constitutions" however are merely the very tip of a massive “iceberg” which lies beneath the waterline. With a so called "written constitution" the implied jurisprudence is not immediately seen and is never contained within the "written" constitution, but it must be known and implied into every word and phrase at the “tip” of the iceberg.
When we hold the 128 clause Australian Constitution in our hands, we can see it is “written”. You can read it in 30 minutes, but you do not have a hope of understanding it let alone gaining any knowledge of it unless you understand the underlying jurisprudence which must be "read" into every word contained in the "written" Constitution.
Our Australian Constitution is said to be a “written constitution”, but we are only reading and holding the very tip of the iceberg when we read it.
That mere “tip” rests on an enormous body of “jurisprudence” which forms the base of the iceberg and brings with it the collective wisdom of the ages since antiquity predating Christianity.
If the proverbial “tip” of that iceberg is a bucket full of sand, the entire sands of all the beaches of Australia and the World are the “base” of the iceberg.
Oh dear, an analogy of an analogy. Forgive me, I need a blackboard. [oh dear, is that racist now days?] Perhaps I need a whiteboard [oh dear, is that reverse racism, which is racist but is "approved racism", now days?]
Did I mention I miss being invited to lecture at Law Faculties as a dying breed of creatures which occasionally visit from what they call the "real World" of work.
What does it mean to be "cancelled" ? I am sure that is against my Inalienable Natural Rights. In fact, let us return to how this all pans out in the so called "Real World" in due course. Forgive me, I digress.
Join me and let us jump together from our proverbial Australian iceberg over to the UK's iceberg ok?
Back to the iceberg! Back to the United Kingdom’s “unwritten” Constitution, in Part 32.
Part 32 – UK: “Unwritten” Constitutions are underwater icebergs
Thank you for joining me back on the United Kingdoms "unwritten" Constitution.
Sorry about the long jump over the pond Friend.
We gaze back over at our Australian iceberg, proudly sitting stable on its heavy base tip rising comfortably above the icy waters.
Sorry about your frozen feet. Mine are frozen too. It appears we are both standing in ice cold water of an inch or so on an entirely submerged giant iceberg.
Most unpleasant indeed!
"Wait a minute ! " you say.
,
"You did not tell me the UK iceberg disappeared!"
To you I say, I plead not guilty, my Friend!
You see, the tip of the iceberg never existed in the United Kingdom.
This "mess" we are standing on is the "unwritten constitution" of the United Kingdom.
If you think it is unpleasant to stand on try reading it all ! Then just after you get to the last few books, have the entire thing change all of a sudden.
The whole thing is “under the ice” in the United Kingdom.
It is not contained in one document we can hold up and read, like our Australian Constitution to guide us to what lies beneath the "tip" of the iceberg.
In the UK we look "under the ice" to find the “Unwritten Constitution” of the United Kingdom and what do we find?
. . . . . Let us dig under the icy waters to have a quick look at the common law of the UK. . . .
( See you at Part 32 my Friend but . . . . go get your gloves it gets cold and will leave you with a cold chill ! . . . . .Oh, and bring a stick. . . . a long stick with you, please ! ).
