Constitutional Origins of Erosion

Abstract

In this chapter I will advance the idea that there are a number of constitutional factors unique to the UK which have enabled a greater degree of social control to proliferate during the last ten years. Specifically it is my assertion that the nature of the parliamentary system — characterised as it is by flexibility; ad hoc rule making; legislation driven by personal and social trends; a lack of formal or entrenched procedures for enacting amending or repealing legislation and knee jerk responses to social and cultural changes in the last decade — has enabled the government of the past decade to erode the essential liberties of individuals whilst at the same time ratcheting up the numerous ways in which behaviour can be deemed to be criminal through multiple pieces of legislation.