Law essay uk constitution
Constitution is essential for the organization of a state as it contains the fundamental principles and rules upon which a state exists (beatson, 2010). Although the british constitution contains written sources such as statutes, it is one of few in the world that is not ‘codified into a single document, or collections of documents’ (blick 2011: 9). As suggested by blick (2011) this is due to the absence of a critical moment in history, such as a revolution or an independence that has made britain reform the constitution to the extent of codifying it. Moreover, two of the most important principles of the british constitution are that it is based on parliamentary supremacy and the separation of powers. Meaning that parliament, as opposed to a codified constitution, is the highest source of law in the uk (dicey, 1959), and that the executive, legislative and judiciary powers shall be separate from each other. Additionally, the existence of only a few other countries in the world that do not have a codified constitution, along with recent constitutional reforms such as the human rights act of 1998 and the constitutional reform act of 2005, have rekindled the debate on whether or not the uk should codify its constitution (mcharg, 2008). Essay will firstly introduce some of the proposals that have been brought forward for a written constitution. It will then argue that even though it is suggested that codifying the constitution would result in the balance of the power of the executive, further accountability, and stability, the current constitution already holds these positive factors. Additionally, britain should not adopt a written constitution due to its history, the sources and principles of the constitution, and the practical difficulties that would result from its debate about the codification of the british constitution has gone through a number of phases in the last thirty years (oliver, 1992). However, most recently, suggestions for a radical reform of the constitution into a codified one have surfaced (oliver, 1992).
These have been represented by the drafting of three possible constitutions: the macdonald constitution, published with the liberal democrats federal green paper, the tony benn’s constitution, ordered by the house of commons in 1991 and the ippr constitution. Even though these government white papers and consultation documents display different motivations for the codifications of the constitution, there are some reasons identified to be the most important, such as the balance of the power of the executive, stability, and clarity (beatson, 2010). Though the british constitution is based on the separation of powers, in reality, the composition of parliament shows that the principle is not upheld. Since the majority of ministers are members of the elected party, the executive effectively becomes part of the legislature, the highest source of law in the ore, it is suggested that the government can easily amend the constitution, and has too much power in its hands. Consequently, one of the suggested advantages of codifying the british constitution and abolishing parliament as the highest source of law would be the control of the executive power by balancing it and making it accountable. Furthermore, it is suggested that by introducing a written constitution the control of the executive on the legislature would not effectively amount to changing the constitution. This would be further controlled by the constitutional heless, the existence of constitutional conventions, defined as habits or practices that regulate constitutional behaviour and the conduct of public office holders (bradley and ewing, 2011), already balance the power of the executive and hold it accountable in a more efficient way than the courts would (blick, 2011). For example, if the voting population were to refuse to tolerate the breach of a constitutional convention, the executive would probably find itself accused of being illegitimate. It is subsequently argued that constitutional conventions are not legally binding, unclear and therefore the supposed ‘check’ that the current constitution exerts on the executive is not demanding and solid enough (beatson, 2010). However, the fact that the executive would probably face political difficulties and that it is likely to find itself accused as illegitimate if it breaches an important convention, unquestionably constitutes a valid argument against the allegation that the current constitution neither balances the power of the executive, nor does it hold the executive to onally, it is suggested that by codifying the constitution and having an entrenched document as the highest source of law instead of parliament, the constitution would be more stable as it will be more difficult to amend (beatson, 2010).
Nonetheless, if it were to be codified, it would be a definite step towards depriving the constitution of one of its most important characteristics:its flexibility. The flexibility, which the british constitution is recognized for, is essential “to ensure that the legal framework of the constitution is operated in accordance with the prevailing constitutional values of the period” (bradley and ewing 2011: 25). This allows changes to be made to the constitution according to the current political and social circumstances. As supported by bogdanor, khaitan and vogenauer (2007) the lack of a codified constitution means that britain did not need to formulate a statements or laws doing so would quickly render it redundant as a result of political change. For example, a constitution, which was drafted in 1830, would have included declarations about voting rights and the powers of the house of lords, which would have become redundant after the great reform act of 1832, parliament(bogdanor, khaitan and vogenauer, 2007). Additionally, the constitution’s flexibility allows the uncomplicated development and change within the constitution, while its legal aspect remains unaffected (allen and thompson, 2011). Therefore, as stated by professor ringen in blick (2011: 9), “the british constitution is a complex and evolving living organism” characterized by its flexibility which proves as an evident advantage for society due to the possibility of the constitution to evolve with society and current political er, one of the most important reasons put forward for the codification of the constitution is the fact that it would provide a clearer and more accessible account of the fundamental rules and principles according to which the state is established and governed (bogdanor, khaitan and vogenauer, 2007). Nevertheless, the practical difficulties that would result from codifying the constitution far outweigh the advantage of making the constitution easier to access for the public. First of all, as stated by blick (2011), the precise content of the constitution would be difficult to determine. This is due to the unwritten sources of the constitution such as conventions, that while constituting an extremely important source, are mostly undefined and not legally binding.
However, it would be an obvious disadvantage to include them in the constitution as legally binding obligations, as they are not only difficult to define but they would also would loose their essence of binding purely on a non-legal basis. Furthermore, the fact that the british constitution is based on parliamentary sovereignty presents another difficulty if it were to be codified. This is supported by blick (2011) who states that “there is either a direct choice between the retention of parliamentary supremacy or a written constitution”, implying that there would be an obvious clash against britain’s most important constitutional ore, even though it is suggested that codifying the constitution would lead to further accountability, balance, stability and clarity, the current constitution already holds these positive aspects. Additionally, as stated by barber in parpworth (2012) britain’s constitution has been a success for years and has produced a stable government in terms of democracy, transparency, and human rights. Therefore, the british constitution should not be codified because this would only bring practical difficulties, constituting a substantial step towards depriving the british constitution of its , m. Oxford: oxford university a reply cancel must be logged in to post a essay has been submitted by a law student. This is not an example of the work written by our professional essay what extent does the uk have a ‘constitution’? Order to answer the question as to whether the uk has a ‘constitution’, this essay shall firstly define what is meant by the term. Secondly, establish that the bases of any constitution must have with it the philosophical and practical implementation within the state structure; namely the rule of law and the separation of powers. Thirdly, with reference to various sources of law, describe the type of ‘constitution’ the united kingdom possesses.
Finally, shall cross compare and analyse the differences and similarities with the us constitution, to reinforce the view that indeed the uk does have a constitution; albeit in a different form and preferential format compared to the rigidity employed in the constitutions of other paine depicted the constitution as ‘... An act of government but of a people constituting a government and a government without a constitution is a power without right... 1] ridley further analysed the importance of a constitution ‘having a constitution seems to be a matter of self respect: no state is properly dressed without. 2] a constitution can be portrayed as a set of fundamental political principles with the primary purpose of controlling the organs of government. The uk constitution is uncodified and has been critiqued by eric barendt as ‘a jumble of diffuse statutes and court rulings, supplemented by extra-legal conventions and practices’. And practical implementations apply to the state’s requirement for the separation of power so that constitution can be exercised. Dicey’s rule of law is fundamental to the uk constitution; it is a legal maxim that states that no person is immune from the law. 14] the final pillar constitutes that there is no written constitution code and that constitutional law is ‘the result of the judicial decisions determining the rights of private persons in particular cases brought before the courts. 15] the rule of law and separation of powers are entwined with regard to constitutional importance in the uk. Montesquieu, identified three functions of the state within british constitution; the executive, that formulates and executes policy, the legislative comprising the law making body and the judicial responsible for the adjudication over disputes in law.
18] the constitution requires that these institutions and individuals with power must carry out intentions fairly and properly in accordance with the public duty; the separation of powers allows the state to safeguard peoples’ liberty under law [19] . 20] it is arguable however that the uk constitution has evolved since the eighteen century and now proceeds to sustain a coherent separation of essay will examine the uk’s constitution through the historical development of the state’s statute, common law, constitutional conventions, royal prerogative and the influence of the supra-national power of the european union. 23] this demonstrated inter alia that checks and balances are necessary in the separation of powers for a constitution. The act of settlement 1700 complemented the bill of rights and further transferred power from the monarch to parliament, which became the dominant constitutional body in the uk. The 1707 statute that brought scotland and england under one parliamentary diadem [25] ceased to exist with the constitutional reform act 2005. This exhibits the flexibility and functionality of parliament to change the constitution with ease and precision for the public requirement of the time. The prevalent change to the constitution in recent years is the constitutional reform act 2005; creating the independence of the judiciary ‘all with responsibility for matters relating to the judiciary or otherwise to the administration of justice. It displays the stability and consistency of separation of powers in the uk common law contributes immensely to the development of constitutional law and set precedents which still remain in practice. 34] lord reid stated ‘the idea that a court is entitled to disregard a provision in an act of parliament on any ground must seem strange and startling to anyone with any knowledge of the history and law of our constitution... Finally, m v home office, the home secretary michael howard disobeyed a judges undertaking that was ruled unlawful and unconstitutional ‘it is a fundamental tenet of constitutional law that the sovereign can neither do wrong nor authorise wrongdoing.
45] if the uk has transferred sovereign power, it has also transferred part of the foundations of its constitution which is not transferrable. 47] if our parliament is no longer supreme it creates a ‘black hole’ for the constitutions foundations, however parliament is able to repeal any statute, including that of the european communities act, an example of this is when parliament approved cession of heligoland to germany and then 60 years later repealed the statute that had allowed for this [48] , displaying that flexibility could amount to instability and y this essay critically compares the us and the uk constitutions. The us constitution; ‘the governing constitution is a synthesis of legal doctrines, institutional practices and political norms’ [49] all written and codified in one document. Conflict within the constitution by legislative or administrative acts may be held by the courts to lack legal force. In this context the uk has no constitution as it does not possess a written constitution document to consult. The us written constitution occupies the hierarchical pinnacle among ‘assemblage of laws, institutions and customs’ [50] this differs to the uk where the most constitutional documents have become developed and established over time and change. A written constitution like the us’ can create confusion, as all detailed rules are not documented, such as whether an act of congress that was inconsistent with the constitution must be applied by the supreme court or whether the court declare the act to be unconstitutional and thus unlawful. Chief justice marshall said if the constitution was superior, it was unchallengeable by ordinary means such as legislative acts [51] . In the uk parliamentary sovereignty however leaves a lack of entrenchment to protect the uk constitution against a parliamentary majority [52] , it is however able to develop and change its constitution with the changes occurring within the country, being very flexible and adaptable to the point in time. A prime example is the continued right to bear arms in the us which is in the written constitution and is conclusion the uk has a constitution, although some have claimed that it does not.
The challenges posed by a single document are that it creates a rigid and inflexible constitution, shown by the us; the codified nature can lead a constitutional entrenchment. There can be confusion as to what a statute is introducing or removing in relation to constitutional importance. The electoral power allows the uk to have a fair and consistent constitution, however as parliament is not bound by its predecessors, if the uk has a leader which does not abide by the consensus with the conventions and practices it may create an unfair and unconstitutional dilemma. The turning point is the constitutional reform act 2005 which moved forward to a formal separation of power and to devolution, which in balance reflects flexibility to change the constitution with ease and in clear terms within a statute, a procedure to change the constitution may indicate a move towards a reliance on codified statutes and diminishing of reliance on other you are the original writer of this essay and no longer wish to have the essay published on the law teacher website then please click on the link below to request removal:Request the removal of this from law public law sted in ordering? Constitution’ a has uk the whether to as question the answer to order in secondly term, the by meant is what define firstly shall essay this . It services writing dissertation and essay custom format apa in essay argumentative of example bx constitution uk essay law online 2007 essays american t law a by submitted been has essay this writers essay professional our by written work the of example an not is this constitution uk the discuss . Writing essay learn n judiciary" the towards institutions w constitution" written a "against barber is law uk that emphasising decision this in aside . The constitution “unwritten” an has which world the in countries six the of one is (uk) kingdom united the introduction essay examination law constitutional uk . Is important how essays uk the on published essay the have to wish longer no and essay this of writer original the are you if writing essay law . A is county ricks #1 question essay law constitutional constitution uk essay law constitution uk essay law x, state of county populated sparsely .
And constitution us essay: on essay law free this example, an as use to students law for perfect is powers of separation . For accessories parts: autotruck in constitution uk essay law gmc, business, in 20years over has corporation motor long suvs and trucks dodge and ford , with and . Essay uk catholic church's teachings on abortion and euthanasia essay, sample essay on nursing, fear the suv essay... Businesses is multifaceted and dynamic marketing essay, comparison social medium, the anglican church a controversial topic that is unknown but current discussing the objectives of crm organizations information technology essay, how hemingway's life influenced his writing essay, how hemingway's life influenced his writing essay god logic evil essay, writing essay sat score... My paper is reliable, a comparison of operations management at bhartiairtel ltd and acc essay the importance of relationships philosophy essay suspense techniques in hitchcocks movies film studies cal analysis of factors affecting exchange rate finance essay an analysis of prison reform in the us essay, networks used for underwater communication information technology essay, supply chain management at harley davidson management essay hunting in the united states essay, nederlandse overheid besloten essay... Emissions technology essay, each man must reach a verdict philosophy essay, is satan the epic hero in paradise lost? Facebook | de @ clementino câmara, 234 - barro vermelho - natal/rn - cep nosso essay has been submitted by a law student. This is not an example of the work written by our professional essay english legal system law what extent does dicey's model of the rule of law reflect current practice in the united kingdom constitution? Dicey was very specific in stating what he meant by the rule of law, espoused in the law of the constitution . In other words it sought to ensure equality before the y, dicey argued that constitutional principles in the united kingdom, such as the right to personal liberty, resulted from judicial decisions rather than the principles of an overarching constitution, and that it is through judicial decisions that private individuals sought a determination of their rights.
The current interplay between articles 8 and 10 echr and the uncertainty concerning the right to privacy show that dicey's arguments about the rights of the individual when faced with arbitrary power are as relevant within the constitution now as in previous has been suggested that dicey's theory of the rule of law is of limited use since it originated in the political tradition of c19 laissez-faire theory, with deep-rooted hostility to governmental power and a desire to minimise the encroachment of the state into individual rights. Since dicey wrote his theories the state, its duties and powers have increased considerably, however, it is possible to argue that dicey's theories do reflect the modern constitution, i. Bingham, dicey revisited, public law 2002, spr, you are the original writer of this essay and no longer wish to have the essay published on the law teacher website then please click on the link below to request removal:Request the removal of this from law english legal system sted in ordering? The foundational constitutional text for what is now the uk is the magna carta issued by king john of england in 1215. Since then, the constitution has evolved organically over time in response to political, economic, and social present constitution encompasses both statutory law and landmark judicial opinions, as well as many conventions or unwritten rules of constitutional practice. Key developments include the incorporation of the european convention on human rights into uk law via the human rights act of 1998, the establishment of devolved legislatures in three of the uk's four constituent nations in 1999, a partial reform of the house of lords in 2000, and the introduction of a supreme court in scottish independence referendum, held in september of 2014, and the brexit referendum, held in june of 2016, have strengthened the case for further constitutional reform, with many observers arguing that only a more decentralized, if not a fully federal, system of government can preserve the uk as a unified political developments in uk constitutional t the following secondary sources for information about recent developments in uk constitutional magna carta: a constitution for the united number: intl kd3989 . Author reviews the historical texts which have shaped the development of the uk constitution before describing the period of immense flux through which the constitution has passed in recent decades. He concludes that a written constitution for the uk is the next appropriate new british number: intl kd3966 . Es how recent reforms, such as the human rights act and devolution, have led to the replacement of one constitutional order, which emphasized the sovereignty of parliament, by another, which emphasizes the separation of tutional futures revisited: britain's constitution to robert hazell, number: intl kd3989 . G political scientists and lawyers forecast the impact that the current period of unprecedented change will have on the uk's key institutions and the constitution as a changing constitution (8th ed.
Collection of essays clarifies the scope of the powers exercised by central, devolved, and local governments within the uk, and the relationship between britain, the eu and other regional and international legal tutional review under the uk human rights number: intl kd4080 . Book subjects leading human rights act cases to critical scrutiny, whilst remaining sensitive to the deeper constitutional, political, and theoretical questions which underpin united kingdom's statutory bill of rights: constitutional and comparative masterman & leigh, number: intl kd4080 . This edited collection of essays assesses the lasting constitutional impact of the human rights act at a point when its political future is far from judgment: the last law lords and the supreme number: intl kd7632 . Landmark study of appellate judging in the uk provides insights into the inner workings of the law lords during their final decade, and into the formative years of the supreme court, drawing upon more than 100 interviews with key h constitution: continuity and matt qvortrup, number: intl kd3989. B75 stimulating collection of essays by constitutional scholars, political scientists, and legal practitioners examines the current state of britain's constitutional architecture and the prospects for its future of the four original copies of magna carta from domain image via the british carta memorial at d by the american bar by anthony mccallum via wikimedia by-sa 4. More books on uk constitutional locate additional materials about uk constitutional law, search gulliver, the law library's online catalog, by keyword or by title.
