Essay on Public Law

1790 Words 8 Pages
Public Law

Constitutionalism is the organisation of power within a government to prevent the over-centralization, and possible abuse of state power. Hence, by doing so, upholding the fundamental civil rights of the public. Such beliefs may be manifested within a written document-a constitution, which aims to enact these beliefs by outlining certain terms which the government formed must adhere to. Such terms may address the distribution of power within a government by specifying the organs of the government and their respective roles. Basic rule-making procedures, procedures to amend the document itself and most importantly, fundamental civil rights, will also be expressed within it.
…show more content…
He stated there should be three main, distinct and independent organs to any government-the legislature, the executive and the judiciary (rule-interpretation). In Britain, such a system ceases to exist. The three branches are present, but are inter-related rather than independent of one another. It is a Cabinet government with parliamentary executive, in which the Law Lords act both as judges in judiciary and as legislators, furthermore, the Lord Chancellor is a member of all three branches-Minister in Executive, Head of Judiciary and member of the House of Lords in it’s legislative capacity. The legislature and executive can interfere with each other and the judiciary, but in accordance with parliamentary sovereignty, the judiciary cannot interfere in the roles of the legislature and executive. Does this make the British government unconstitutional? In history, there have been occasions where the legislature and executive have ‘manipulated’ justice by the judiciary for personal gain.

Parliamentry Sovereignty is the principle that parliament is the supreme authoritative body of the land, therefore all ‘Acts of Parliament’ are paramount law, which “no person or body is recognised by the law as having the right to override or set aside” Dicey. The courts

Related Documents