Law and Constitution in the UK Essay

The rule of law is an idealistic concept of characteristics in a legal process, which ought to exist in a good constitutional system. There is controversy over the rule of law because there is no definite meaning of it. For example, there is one view that it should prescribe a form of law and the procedure that should be used to form it. This is supported by Lord Bingham’s sub-rule, “questions of legal right and liability should ordinarily be resolved by application of the law and not be the…

however, this is very rarely the case as a consequence of the disproportionably large majorities gained by the winning party. Cabinet is composed of the main figures of the party in power, giving it, in most cases, domination over parliament to pass laws and govern relatively freely. The only anomaly to this trait in modern history has been the 1970s, in which government legislation did not go through as smoothly. Although Labour had the most seats in the Commons, they did not have a majority,…

considered one of the fundamental concepts of the UK constitution. In order to better understand the doctrine of parliamentary sovereignty it is important to consider some brief background on parliament including the origins of the theory of parliamentary sovereignty. The UK Parliament which is made up of the House of Lords, House of Commons emerged in the 13th century and is regarded as the second of the two sovereign authorities under english law (Tomkins, 2003). The original parliament was…

County Governments in Kenya The counties of Kenya are geographical units thought about by the 2010 Constitution of Kenya to form devolved government units. County government is local government which works best when local residents are involved and active. The local government provides local government services. What is a county? A county is a geographical region in Kenya used for administrative or development purposes. What is devolution in Government? Devolution in Kenya is the…

There are (3) notions of sovereignty at the heart of Brexit. First, is parliamentary sovereignty – since the UK has an uncodified constitution – this has been of hot debate because Parliament is the supreme ruling body with all legislative power. Second, popular sovereignty – as seen by the referendum – the basic notion of this is the sovereignty is vested in the people – as is seen in Scotland. Thirdly, there is external sovereignty. This type regards the international community – and a…

rights is a declaration of human rights protection and guarantees usually issued by a national government. A bill of right usually comprised of an implementation of International Covenant on Civil and Political Rights 1996 (Int) (ICCPR) into domestic law. ICCPR is a treaty between states to recognize civil and political rights of individuals. Australia is the only western democracy in the world without either a constitutionally entrenched bill of rights or non-entrenched, statutory bills of…

men, who were issued a certificate of a suspected international terrorist under the Section 21 of the Anti – Terrorism, Crime and Security Act 2001 and who were detained under Section 23 of that Act. Their Lordships have answered the questions of law, forming the ratio decidendi. Firstly, did Article 15 apply in the Belmarsh case in order to allow the derogation from Article 5 and the suspension of the right to liberty of the suspected terrorists? Article 15 states that in the time of war or…

principle of supremacy (hereinafter called ‘POS’) of European Union (EU) law where EU law takes precedence over national law still stands firmly, or it is merely a hallucination in the eyes of national courts will be tackled by looking at the Member States’ (MS) responses to European Court of Justice (ECJ) decisions and the methods of ‘qualification’ to EU law’s supremacy that MS adopted alongside with the academics opinions. 2.0: EU law is supreme It is essential for the EU legal system…

The definition of the rule of law has been expounded upon since Dicey, and other theorists have drawn up principles they consider to be key in defining the rule of law. Lord Bingham, for example, favours a more thick conception of the rule of law where ‘substantive’ elements are also protected, such as fundamental human rights. He also believed there must be compliance by the state towards its international legal obligations. Due to the United Kingdoms’ dualist nature, the Human Rights Act is…

domination of the judiciary in the state-legal mechanism the UK it is reasonable to observe that English law - is "basically nothing more than a right judgment." [12] Secondly, as an argument in favour of the rule, the courts specified in the creative and highly dynamic nature of judicial rights over with statutory, parliamentary law. Considering the parliamentary purely volitional right as positivist, which together with the natural law is opposed to the right judgment, some researchers a…