Law essay uk constitution

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Law essay uk constitution

But first, what is or what does a constitution? A constitution defines the rules and the principles on which a society is based. Then, what is the particularity of an unwritten constitution? To begin with, no single document decides of all these matters mentioned previously.

So, the constitution is enforced by political practice, i.

UK Constitutional Law Examination Essay | claire samlp -

Finally, in countries where there is a written constitution, this one is supreme, it is the legal sovereignty. In the opposite, in a country with an unwritten constitution such as the UK, the constitution is subordinate, the legal sovereignty belongs to another organ, in the case of the UK, the Parliament is legally sovereign.

Here we have two aspects of the UK public law, in the one hand the constitution is unwritten, and in the other hand, the Parliament is sovereign. That leads to ask two possible questions. Indeed, the patchwork of sources that composes it contains unwritten A and written sources B.

A Unwritten sources The unwritten sources are numerous; they come from political practice, which has evolved through centuries.

As opposed to some countries — such as France — there has never been a watershed moment when the codifying of these rules or new ones was needed.

It precisely defines the power of the King or Queen, and by extension of the Law essay uk constitution. The number of Royal prerogative has been reduced through the British history. Nowadays the Royal prerogatives concern more the government than the Law essay uk constitution.

Today, all the royal prerogatives belong formally to the Queen but concretely to the PM and his cabinet. According to the concept, if the three powers — the Legislature, the Executive and the Judiciary — are concentrated in the hands of a unique person or assembly, the regime will be authoritarian and undemocratic.

To split these 3 powers in different organs and allow interactions and controls between them is the solution for a fair state. Contrary to a written constitution, in the unwritten constitution the separation of powers is not strict. Conventions are practices which have become rules and impose obligations; they are born from political behaviour.

Constitutional conventions concern the structures and institutions of the state, what their powers are, and what relations they have. The constitutional conventions related to the Crown put it as a moral person, with no real political powers; by convention the crown does what it is been told by the government.

Relating to the Executive, it concerns the existence, the responsibility of the cabinet and its relationships with the Parliament. Conventions rule also the behaviour of the parliament towards Judiciary and between the House of Lords and the House of Commons.

Finally, other conventions assure the respect of the independence of the Judiciary. According to Dicey, the rule of law can be explained in 3 principles. Under this quotation, lay three rules. Firstly, discretion should be avoided in laws. Then, the law should be prospective and not retrospective.

Law essay uk constitution

Finally, the law should be clear and accessible. What this principle means is that like cases should be judged alike whereas different cases should be judged differently.

British political system

It does not mean that all cases should be judged the same way like during the Terror period in Franceit would be unfair and arbitrary; indeed some factors such as age, illness, physical capacities, self-defence, malice aforethought, should be regarded.

They benefit from immunity: The aim is to allow debate of public importance in a democratic process. Judges also benefit from this immunity on the way they judge a case, to protect their independence.

Finally, diplomats are judged under international laws. Under this principle lays the responsibility of the politic people before the law. Courts can punish state officials for abuses of powers by ultra vires.

But today, with the parliamentary sovereignty courts have to apply the law even if it might be contrary to some rights. In theory, all statutes are of equal status. However some statutes are more important when they are about constitutional subjects such as: The list of constitutional acts is quite long: This point of view differencing normal and constitutional statutes has been supported by Law Lord Justice in Thoburn v Sunderland City Council.

Judges in interpreting the law, give it a sense, almost a second practical meaning. Also with the rule of the precedent, similar cases are judged similarly, unless an Act of Parliament changes the law in between.Grammar Bytes!

Grammar Instruction with Attitude. Includes detailed terms, interactive exercises, handouts, PowerPoint presentations, videos, and more! INTRODUCTION. The United States is - by size of electorate - the second largest democracy on the globe (India is the largest and Indonesia comes third) and the most powerful nation on earth, politically, economically and militarily, but its political system is in many .

Dei delitti e delle pene. English: An essay on crimes and punishments. Written by the Marquis Beccaria, of Milan. With a commentary attributed to Monsieur de Voltaire. The UK’s accession to the European Communities Act has meant that European law is increasingly impacting on the British Constitution.

The UK is also subject to international law. The UK is also subject to international law. This essay has been submitted by a law student. This is not an example of the work written by our professional essay writers.

discuss the uk constitution. A super successful law graduate describes seven things you really have to know about life as a law student.

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