Law Course
CONSTITUTIONAL LAW
ASSIGNMENT 1
(1)WHAT ARE THE CHARACTERISTICS OF THE BRITISH CONSTITUTION AND WHAT IS MEANT WHEN IT’S DESCRIBE AS UNWRITTEN? (20)
(a) -IT IS SUPREME -IT IS FLEXIBLE -IT IS UNITORY -SOVEREIGNTY -IT IS UNCODIFIED CONSTITUTION
(B)THE BRITISH CONSTITUTION IS UNWRITTEN OR TO BE MORE PRECISE ‘UNCODIFIED’.THAT MEANS THAT UNLIKE IN MOST MORDERN DEMOCRIES,THERE IS NO SINGLE DOCUMENTS THAT EXPLAINS HOW THEY ARE GOVERNED. IT IS A SET OF LAWS PREPARED OVER A PERIOD OF TIME RELATIVELY PROLONGED TENURE.UNWRITTEN CONSTITUTION COMES INTO BEING THROUGH EVOLUTIONARY PROCESS.THEY ARE NOT PREPARED BY A SPECIFIC BODY .MOST OF THE TIME CONVENTIONS AND TRADITIONS DOMINATE IN DECIDING THE POLICY MATTERS OF THE OR RUNNING THE DAY TO DAY ADMINISTRATIONS. AT THE TIME OF THE NORMAN CONQUEST, CONSTITUTION WAS OF A CUSTOMARY NATURE. AFTER THE CIVIL WAR OF THE SEVENTEENTH CENTURY, CROMWELL DREW UP AN INSTRUMENT OF GOVERNMENT (1653). THE ONLY WRITTEN CONSTITUTION THE ENGLISH HAVE HAD BUT THIS CAME TO AN END IN 1660 WITH THE RESTORATION OF THE MONARCHY. SUGGESTIONS FOR A WRITTEN CONSTITUTION FOR THE UNITED KINGDOM PUT FORWARD ON WIDE GROUNDS HAVE ATTRACTED LITTLE GENERAL SUPPORT WHITHERTO AS DISTINCT FROM SUPPORT FOR THE PROPOSAL OF A BILL OF RIGHTS.THE CONSTITUTIONAL REFORMS EFFECTED SINCE 1997 HAVE NOT INVOLVED THE ADOPTION OF A WRITTEN CONSTITUTION BUT HAVE ON THE CONTRARY RELIED FOR THEIR EFFICACY ON THE UNWRITTEN RULE OF THE SUPREMACY OF PARLIAMENT. THE LAWS OF THE BRITISH CONSTITUTION COMPRISE THREE KINDS OF RULES: STATUTE LAW, COMMAN LAW AND CUSTOM (ESPECIALLY PARLIAMENTARY CUSTOM). TO THESE WE MUST ADD CONTITUTIONAL CONVENTIONS IF WE ARE TO UNDERSTAND MODERN DEVELOPMENTS AND THE MANNER IN WHICH THE CONSTITUTION WORKS.
THE SOURCE OF THE LEGAL RULES ARE THE SAME AS FOR PRIVATE LAW, NAMELY, STATUTES, JUDICIAL PRECEDENTS,CUSTOM AND BOOKS OF AUTHORITY,EXCEPT THAT UNDER THE THIRD HEAD WE MUST INCLUDE PARLIAMENTARY CUSTOM. TREATIES ARE NOT IN
ASSIGNMENT 1
(1)WHAT ARE THE CHARACTERISTICS OF THE BRITISH CONSTITUTION AND WHAT IS MEANT WHEN IT’S DESCRIBE AS UNWRITTEN? (20)
(a) -IT IS SUPREME -IT IS FLEXIBLE -IT IS UNITORY -SOVEREIGNTY -IT IS UNCODIFIED CONSTITUTION
(B)THE BRITISH CONSTITUTION IS UNWRITTEN OR TO BE MORE PRECISE ‘UNCODIFIED’.THAT MEANS THAT UNLIKE IN MOST MORDERN DEMOCRIES,THERE IS NO SINGLE DOCUMENTS THAT EXPLAINS HOW THEY ARE GOVERNED. IT IS A SET OF LAWS PREPARED OVER A PERIOD OF TIME RELATIVELY PROLONGED TENURE.UNWRITTEN CONSTITUTION COMES INTO BEING THROUGH EVOLUTIONARY PROCESS.THEY ARE NOT PREPARED BY A SPECIFIC BODY .MOST OF THE TIME CONVENTIONS AND TRADITIONS DOMINATE IN DECIDING THE POLICY MATTERS OF THE OR RUNNING THE DAY TO DAY ADMINISTRATIONS. AT THE TIME OF THE NORMAN CONQUEST, CONSTITUTION WAS OF A CUSTOMARY NATURE. AFTER THE CIVIL WAR OF THE SEVENTEENTH CENTURY, CROMWELL DREW UP AN INSTRUMENT OF GOVERNMENT (1653). THE ONLY WRITTEN CONSTITUTION THE ENGLISH HAVE HAD BUT THIS CAME TO AN END IN 1660 WITH THE RESTORATION OF THE MONARCHY. SUGGESTIONS FOR A WRITTEN CONSTITUTION FOR THE UNITED KINGDOM PUT FORWARD ON WIDE GROUNDS HAVE ATTRACTED LITTLE GENERAL SUPPORT WHITHERTO AS DISTINCT FROM SUPPORT FOR THE PROPOSAL OF A BILL OF RIGHTS.THE CONSTITUTIONAL REFORMS EFFECTED SINCE 1997 HAVE NOT INVOLVED THE ADOPTION OF A WRITTEN CONSTITUTION BUT HAVE ON THE CONTRARY RELIED FOR THEIR EFFICACY ON THE UNWRITTEN RULE OF THE SUPREMACY OF PARLIAMENT. THE LAWS OF THE BRITISH CONSTITUTION COMPRISE THREE KINDS OF RULES: STATUTE LAW, COMMAN LAW AND CUSTOM (ESPECIALLY PARLIAMENTARY CUSTOM). TO THESE WE MUST ADD CONTITUTIONAL CONVENTIONS IF WE ARE TO UNDERSTAND MODERN DEVELOPMENTS AND THE MANNER IN WHICH THE CONSTITUTION WORKS.
THE SOURCE OF THE LEGAL RULES ARE THE SAME AS FOR PRIVATE LAW, NAMELY, STATUTES, JUDICIAL PRECEDENTS,CUSTOM AND BOOKS OF AUTHORITY,EXCEPT THAT UNDER THE THIRD HEAD WE MUST INCLUDE PARLIAMENTARY CUSTOM. TREATIES ARE NOT IN