Consider the sources of the UK constitution and the methods by which it may be changed. Do you agree with Barnett’s views?…
Parliamentary gives Parliament superior and legal authority as they can make or unmake any Act of Parliament they wish and although the House of Commonsâ has most of the dominance they always need the support of the House of Lords to pass an Act. Parliamentary sovereignty refers to this joint power. The Human Rights Act 1998 is a law passed by Parliament that has limited the application of parliamentary sovereignty as it is made unlawful for any public body to act in a way which is incompatible with the Convention although the courts can only make a declaration.…
In the next passage talks about how the legislative power needs to be established and in check. It is the supreme power of the commonwealth and unalterable. There are certain bounds on the legislature. Laws must be unvaried, laws must serve only the public, can’t raise taxes on the property of people without their consent, and can’t…
In this essay, I will be analysing the strengths of the British constitution and comparing it to a codified constitution, I will also discuss its weaknesses and whether ‘extremely strong’ is an exaggeration and it lacks the qualities of a reliable constitution.…
‘Parliamentary sovereignty is a constitutional relic. It has been rendered obsolete, in particular, by the supremacy of EU law and the UK’s statutory recognition of human rights. We should no longer talk about this irrelevant doctrine.’…
Parliament is the national representative body which has supreme legislative powers within its jurisdiction. While it oversees the completion of a number of other tasks parliaments’ main role is undoubtedly to make and pass laws and it has to be said that it achieves this role efficiently. Parliament and the members of parliament are elected solely by the people and are therefore responsible to the voting public. When passing laws parliament has the ability to, as part of its law making process obtain expert opinion with regards to tough and controversial issues. This process of law making is a completely structured procedure which follows a routine series of stages whenever a piece of legislation is proposed. These factors amongst others all contribute to the effective and efficient law making system that parliament is. While like any other structured organisation parliament has a number of weaknesses and faults these are minor and have very little effect on parliament as a law-making institution.…
Whether there is a constitution in the United Kingdom has been a controversial topic. The term ‘constitution’ itself is open to different interpretations. Some prescriptive authors argue that a constitution must satisfy a set of specific characteristics – for instance that it must be entrenched and superior to other laws, which is attributed to the people. Others consider that constitutions are codes of norms which aspire to regulate the allocation of powers, functions, and duties among the various agencies and officers of government, and to define the relationship between these and the public. While some believed that a constitution is as simple as ‘no more and no less than what happens. Everything that happens is constitutional. And if nothing happened that would be constitutional also.’…
One of the major functions of the judiciary in a modern, liberal democracy is to protect the rights and freedoms of the citizens against the state or other organisations. It is the aim of this essay to expose the effective points which include: The 2009 Foundation of the Supreme Court; Human Rights Act; and Judicial rule over the government. On the other side of why it is not effective I plan to counter my previous points as well exposing different examples and explain how Parliament is sovereign.…
Thus to state that no parliament may bind its sucessors is to assume that all future parliament same attribute of sovereignty as the present parliament .but why must this be? The problem is less intractable than the comparable conundrum of whether an can bind its itself, for even sovereign parliament are human institution and there is nothing inherently impossible in the idea of a supreme parliament make fresh constitution arrangement for the future.…
Before evaluating whether or not Parliament is sovereign, it’s important to define what sovereignty means. Sovereignty can be split into two; political and legal. Legal sovereignty is the ultimate power to make laws which will be enforced within the state. Members of Parliament and the Prime Minister have ultimate legal power because they propose and enforce legislation. Citizens have no legal sovereignty because they don’t play a role in the legislative function even though pressure group activity may influence decisions. Political sovereignty is where real political power lies, and depending on the situation political sovereignty doesn’t always lie within Parliament. Critics have argued that due to recent changes, Parliament is no longer truly sovereign. This essay will assess the arguments for and against.…
The clash between the two political models of absolutism and constitutionalism is the catalyst for the progression in English politics. With William and Mary as their rulers, the Parliament didn’t need to worry about a Catholic ruler and even better they were able to get their rulers to recognize the Bill of Rights of 1689. Finally able to limit the power of the monarch, making the ruler subject to the law and the consent of Parliament, the theory of a constitutional monarchy was put into action through this bill. This is the beginning of England’s, later Great Britain, rise to being a world power and setting an example that others will soon…
The Parliamentary system within the UK is widely regarded as one of the best, most democratic and efficient systems of government within the world. With functions such as legitimacy, representation and scrutiny being carried out on a daily basis, Parliament is the most important and powerful part of the UK political system. However, the effectiveness of Parliament in fulfilling its functions has come in to question for a number of reasons, and many people feel that the UK’s Parliament is in fact no longer successful in properly fulfilling its functions.…
In 1698, King James I of England published a book concerning his rule as an absolutist monarch called, True Law of Free Monarchies. In this book, King James I justifies his actions as an absolutist leader and reasserts his role in the government as an all powerful center of authority. James I explains how parliament is simply the bridge between the king and his vassals. He states all noteworthy acts are done through the king who passes laws and regulations of the people's request. His final words were, every action is done through the king because he is all powerful and above the law, but as a leader, continues to care for his people.…
The Magna Carta set limits on the power of the King, but did not disrupt the balance of power between the beholder of the high positions in Britian. The English monarchs enjoyed almost full power through the 18th century; Henry VII and Elizabeth are examples. They answered to Parliament sometimes, but mostly the Parliament answered to them since they held more power. It wasn't until the 19th century that the things began to change and form a new leadership that we later changed into what we have today. One example I would like to refer to is the reign of Elizabeth II. Her reign has been considered an un-necessary reign in England’s history. Although Royal Prerogatives still exist in Britain, many doubt that they will be employed.…
The rule of law is a key constitutional principle that is the basis of legal justice. In explaining the legitimacy of the law, it stands as the cornerstone principle of the UK constitution. Given the fact that the UK does not have a codified constitution that establishes “the arrangements by which it is to be governed, nor does it have a set of core values by which the state is to be run” it has been described as “an integrated expression of historical experience conferring a unified meaning on political existence” , thus causing the rule of law to exist to a greater or a lesser extent, and to consequently evolve over centuries. Though several other constitutional principles, such as the doctrine of parliamentary supremacy and the principle…