<Li> Following the case of Thoburn v Sunderland City Council certain statutes are perceived to be protected as constitutional statutes . The case involved amendments to the Weights and Measures Act 1985 by the Weights and Measures Act 1985 (Metrication) (Amendment) Order 1994 pursuant to Directive 80 / 181 / EEC . This stated that Imperial measurements could be displayed so long as the metric measurements were displayed in larger type beside them . Thoburn was convicted for only displaying Imperial measurements . In his defence he argued that allowing even limited use of Imperial measurements was inconsistent with the European directive and therefore in contravention of Section 2 (2) of the European Communities Act 1972, and that the relevant section of the 1972 Act had therefore been implicitly repealed . However, the judgement by Lord Justice Laws held that certain statutes of constitutional importance, including Magna Carta and the European Communities Act 1972, could not be repealed by implied repeal . The case also introduces the concept of a' hierarchy of acts', which is used in other European countries, to English constitutional law . However, if Parliament did make its intention to overrule any statute express then any statute can be repealed, and so sovereignty is preserved . </Li> <Li> The enactment of the Human Rights Act 1998 which incorporates part of the European Convention on Human Rights into domestic law . The Act gives UK courts the power to issue a declaration of incompatibility where they believe that the terms of an Act of Parliament are in contravention of the rights guaranteed by the Human Rights Act . The effect of the declaration is not to annul the contravening Act but to send a signal to Parliament which may then choose to amend the offending provision . This does not endanger Parliamentary sovereignty because Parliament may choose not to amend the offending provisions . As with the UK's membership of the European Union, the principle of parliamentary supremacy means that Parliament can at any time vote to repeal the Human Rights Act, and indeed the UK's ratification of the Convention itself . </Li> <P> However, Parliament may theoretically withdraw from commitments it has made or repeal any of the constraints it has imposed on its ability to legislate . </P> <P> Under the federal system, neither the states nor the federal parliament in Australia have true parliamentary sovereignty . The Commonwealth Parliament is created by the constitution, and only has enumerated powers . Each state's legislative power is inherent but restrained by the federal constitution, the relevant state constitution, and Commonwealth powers . </P>

Who expressed the view that the british constitution does not exist