Law and Constitution in the UK Essay

A constitution is a body of rules for which the Government regulates a state. A constitution regulates the relationship between the state and its citizens, it is sometimes a document with the principle rules that structure the functions of the Government as in the US Constitution . Constitutional conventions are considered to be historical customs that will determine what happens in certain situations regarding the constitution, or as described by the Cabinet Manual as constitutional…

Montesquieu reached the threshold of a more meaningful explanation of the doctrine by saying that ‘there can be no liberty if the legislative, executive and judicial powers of government were to be exercised by the same person or authority’. In the UK context, the three branches within which the power of the state is exercised are represented by the legislature,…

CONCEPT OF SEPARATION OF POWER The doctrine of separation of power is a vital principle in constitutional law. Basically, doctrine of separation of power deals with the mutual relations among the 3 organs of the state which are executive, legislature and judiciary. This doctrine can be traced back to Aristotle which classified the functions and the power of the states into 3 categories named continuous executive power, discontinuous legislative power and federal power. The clearest explanation…

Act (HRA) is argued to be a fundamental instrument in the United Kingdom’s (UK) constitution. It allows the rights and freedoms of the individual to be protected from the state within Domestic Courts. The Act has been under h scrutiny for decades surrounding the conflicts that it poses on the UK’s unwritten constitution and the fundamental doctrines of Parliamentary sovereignty, Separation of Powers and the Rule of Law. Due to this, there have been proposals made by many political parties over…

in 1897 by the Colonial Office with advice from Crown Law Officers.3\J The preamble of Memorandum C discussed the form in which the Constitution Bill could be introduced into the United Kingdom Parliament.40 Should the Constitution be a Schedule to the Bill or be included within the substantive provisions of the Bill? The Constitution Bill approved on 23 Apri11897 at the Adelaide Session of the Constitutional Convention set forth the Constitution as part of the Bill in covering clause 8.41 There…

added as part of the Bill of Rights on December 15, 1791. From the colonial era to the establishment of the United States Constitution in September 17, 1787, Philadelphia. The implementation of the United States Supreme Court in 1789; under the Judiciary Act of 1789. The many challenges surrounding the notion that “Every man 's home is his castle” The Constitution of the United States: Fourth Amendment Rights During the colonial era the "writs of assistance” was the only…

International/Public law concerns the laws effecting inter-state relationships and state/international institutions; such as the United Nations; as in Treaty of Rome 1957 . Institutions create international law such as the ECHR . National law deals with issues only within its own jurisdiction. International law is consensual – 47 states have currently signed the ECHR. National law makes binding precedent based on its own constitution and legal system. International law is also still relatively…

Should the UK constitution remain uncodified? There are many arguments for and against codifying the UK’s constitution. Arguments in favour of codification include: the increased stability this would bring to the constitution; it would bring an end to the possibility of ‘elected dictatorships’; citizens’ rights would be more effectively protected and the constitution would be judicable, allowing its provisions to be protected by neutral judges. On the other hand, there are counter arguments…

How powerful is the Prime Minister within the British political system? By: Kamil Górka British political system evaluated over the time. In my work I would like to pay a special attention on the power of the British Prime Minister, to evaluate the topic I would try to describe the general political system in United Kingdom. Great Britain is a constitutional monarchy lead by Queen Elizabeth Alexandra Mary, but the Monarch is only responsible for representative purposes and step aside of…

Parliamentary sovereignty means that Parliament’s power is unlimited and it can make law on any subject matter. No one can limit the law - making power of any future Parliament. It is impossible therefore for any Parliament to pass a permanent law or in other words to entrench an Act of Parliament. According to Dicey, parliamentary sovereignty means that Parliament has the “right to make or unmake any law whatever”. This basically means that there is no limit on the subject matter on which…