StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...
Free

Information on Constitutional Law - Essay Example

Cite this document
Summary
The paper "Information on Constitutional Law" highlights that the sources of the constitution are also important, statute law, common law, royal prerogative, conventions, works of authority, treaties, and laws of the European Union all contribute greatly to the constitution, making it what it is…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER97.5% of users find it useful
Information on Constitutional Law
Read Text Preview

Extract of sample "Information on Constitutional Law"

Running Head: Constitutional law Constitutional Law s Constitutional Law A constitution is a system of rules which describes the structure and powers of government, the relationship between different parts of the government and citizen. When talking about a constitutional government, we really mean whether or not the United Kingdom has a constitution. This is a discussion which has been argued over many years. The sources of the constitution are also important, statue law, common law, royal prerogative, conventions, works of authority, treaties and laws of the European Union all contribute greatly to the constitution, making it what it is. One of the most significant differences, that is evident from the evaluation of the constitutions of the United States and the United Kingdom, is that one is codified and the other is not. The US constitution has a physical existence whereby it is written down and is accessible to virtually anybody in the US to refer to. Contrary to this, the UK constitution is regarded as being uncodified as it has not been formally established in a "bill of rights" format. However, these judgements of the constitutions are only accurate to a certain extent. The origins of both constitutions explain why they are different in structure due to the organic development of the UK constitution, comprised of conventions, acts and authoritative works, and the establishment of the US constitution in 1789 following the "years of weakness and chaos resulting from the pre-existing Articles of Confederation and Perpetual Union which loosely bound the colonies together since 1778". However, although the UK constitution is generally regarded as being unwritten, there is evidence to suggest that this is not entirely correct. For example, Walter Bagehot wrote a book entitled "The English Constitution", an authoritative work. However, the only problem with this was that the day after it was published an act was passed, immediately resulting in it being outdated. Similarly, any laws that are passed in Britain immediately become part of their constitution, which suggests that the UK constitution cannot be deemed as uncodified. We must first look at the fact the UK has parliamentary democracy, and has the monarchy as the head of state. When looking at the monarchy we must state that its powers are strictly limited by parliamentary sovereignty and by constitutional restraints, the monarchy has hardly any political role. The argument against this is there is hardly any restraint on the parliament itself, except before the time before an election, however the role of law states that all are equal under the law and the government must respect the laws when making decisions and taking action, this shows that there is a constitution, and the government recognises the fact that there are constitutional principles they must adhere too. However, parliamentary sovereignty means that parliament has ultimate political authority, it may not be overruled and can pass a law of any kind, yet it cannot pass laws that will require further parliaments to adhere too. However, there are arguments that under the British 'constitution' there is too much power within the hands of the central government, and especially the prime minister who can act under the royal prerogative, for example he can declare war without needing the parliament's approval. Also, the Collective Cabinet responsibility states that all ministers must not disagree with government policy in public; if they do they are likely to be dismissed or asked to resign. This proves that the government is too secretive and neglects to inform its citizens of many things, although the Freedom of Information act allows to citizens to see most information stored about them, it does not allow them to see everything. Although devolution has taken place in the sense of the Scotland, Wales and Northern Ireland Act, power is still too centralised, for example in the military forces, and it seems that there is insufficient control over it. In today's society the traditional view of British constitution can not be upheld, it does however make the parliament more flexible in the sense that it can change the constitution as the country develops and as public opinion changes, yet wouldn't this make it easier for a dictator to come to power Understandably, the prime minister a lot of power due to royal prerogative powers being passed down e.g. declaration of war, however the misconceptions that the media has created in the sense Tony Blair himself can decide to go into war without anyone else's support is unreasonable. He must still discuss the matter with advisors, and also cabinet can still overrule the prime minister, for example Margaret Thatcher, who was removed as party leader. For all of the above to be true there must be some sort of constitution in the UK, although it is not codified the government must still operate under a framework, and does have restraints for example quangos such as WDA on certain issues, however due to the fact the government sets up these quangos usually have the same opinions as the party in power. The courts however do have a greater influence over the government, as they are a separate body that has the power to restrain the parliament on certain law issues. Yet things such as the Human Rights Act ensure that all UK citizens know what rights they have, and it also had to be reformed to keep in European Convention, this brings along my final point of the UK's membership of the European Union ensures the UK adheres to the European laws, many of these are the same as British laws, and hence for the most part the constitution is adhered to. In conclusion, it is not vital that the constitution is codified to ensure it is used, the government recognises it works within a frame, respects the law and operates within the constitutional system. There are regular elections, which on its own shows there is some sort of constitution within the UK. The parliament wouldn't be able to get away with not acting constitutionally all the time, however there are ways in which it can act unconstitutionally, and no other body can stop them. Yet, the monarchy has the ultimate power so hence can generally stop parliament if need be. So, to a certain extent the UK has a constitutional government that adheres to, yet the unwritten constitution can still provide a framework for the government. The Labour Government has set in motion a rolling programme of devolution, which can move at different speeds to meet the needs of the different regions of the United Kingdom. It is likely to take a long time to reach anything like its conclusion, and it must always be remembered that devolution is a process, not an event. It is very unlikely that the United Kingdom will ever have a symmetrical system of devolution, as the needs and desires of different regions are not and will not be the same. Bibliography Allan, T.R. S. Law, Liberty, and Justice: The Legal Foundations of British Constitutionalism. Oxford, UK: Clarendon Press, 1993. Bobbitt, Philip. Constitutional Interpretation. New York: Oxford University Press, revised ed., 2006. Elster, Jon and Rune Slagstad, eds. Constitutionalism and Democracy. Cambridge, UK: Cambridge University Press, 1988. Graber, Mark A. Dred Scott and the Problem of Constitutional Evil. Cambridge, UK: Cambridge University Press, 2006. Read More
Tags
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Constitutional Law Essay Example | Topics and Well Written Essays - 1000 words”, n.d.)
Constitutional Law Essay Example | Topics and Well Written Essays - 1000 words. Retrieved from https://studentshare.org/politics/1509467-constitutional-law
(Constitutional Law Essay Example | Topics and Well Written Essays - 1000 Words)
Constitutional Law Essay Example | Topics and Well Written Essays - 1000 Words. https://studentshare.org/politics/1509467-constitutional-law.
“Constitutional Law Essay Example | Topics and Well Written Essays - 1000 Words”, n.d. https://studentshare.org/politics/1509467-constitutional-law.
  • Cited: 0 times

CHECK THESE SAMPLES OF Information on Constitutional Law

Human rights constitutions

In relation to Chinese constitutional law all parties such as enterprises, state organs, individuals and political... It involves studying all aspects such as politics, law, human rights, governance and studying judicial involvement in constitutional enforcement.... Therefore in order to study the importance of these things in China it is imperative to identify effectual mechanism of constitutional enforcement, studying the relationship of politics and law which influences the progress of constitutional development tin China....
12 Pages (3000 words) Essay

Why Roe vs Wade was Correct or Incorrect Legally and Constitutionally

n this case, the Supreme Court gave Roe the right to an abortion saying that it was her constitutional right not to bear the child of a rapist.... The paper "Why Roe vs Wade was Correct or Incorrect Legally and Constitutionally" provides arguments regarding the Supreme Court's decision in Roe v....
5 Pages (1250 words) Term Paper

Sex Offenders

In the report 'Sex Offenders' the author answers the question: Are sex offender registries created by Megan's law unconstitutional?... Sex offenders brought a privacy suit after Megan's law became effective.... The Fifth Amendment states that 'nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law....
5 Pages (1250 words) Research Paper

The British Constitution, Constitutional and Administrative Law

The paper "The British Constitution, Constitutional and Administrative law" highlights that Parliament cannot amend the constitution, as and when it pleases.... Thus, Parliament can make or unmake any law.... arliament is the sovereign authority in the UK and it enacts statutes, which constitute the highest form of the law.... Moreover, the courts in the UK have developed a form of law, which is known as the common law....
9 Pages (2250 words) Essay

The Validity of the Theory of Constitutional Oversight in Saudi Arabia Compared to US Law

"The Validity of the Theory of Constitutional Oversight in Saudi Arabia Compared to US law" paper establishes the techniques used by the Saudi Arabia government to oversight its operations, and ascertain the effectiveness of the oversight techniques used by the Saudi Arabia government.... They not only complement each other but also provide the two most important factors that are highly responsible for the establishment of a state namely religion which directs the private lives of the citizens and politics (law) which monitors their public behaviors....
7 Pages (1750 words) Research Proposal

Debate between Scalia & Dworkin

However, Dworkin's argument concludes that the law expression goes beyond understanding a system of grammar and words to include seeking for the original intention of the Constitutional authors, thus making the constitution the supreme law of the land.... On these grounds, the two conquer that judges should put into account the past decisions by courts during their determination of the law (Post & Siegel, 2006, p.... This paper 'Debate between Scalia & Dworkin' sets out to discuss the concept that debate between Scalia and Dworkin did more of confusing the people rather than clarifying the constitutional jurisprudence....
25 Pages (6250 words) Essay

Separation of Judicial Power and Constitutional Validity of Legislations

he three arms check the authority and balance the power of the other to ensure the rule of law is upheld and to protect the rights of the citizens.... The author of "Separation of Judicial Power and constitutional Validity of Legislations" paper focuses on the constitutional Validity of legislation which begins from section 51 of the Constitution of Australia which grants power to Parliament to make laws.... Separation of Judicial Power and constitutional Validity of LegislationsDicey (1959) advanced the constitutional theory that the legislature or the Parliament is the sole authority that makes laws....
7 Pages (1750 words) Coursework

Constitutionality of Religious Anti-Vilification Laws in Australia

The paper 'constitutional law' states that the rationale behind the religious vilification laws is to enhance more harmony and tolerance among different religious groups.... Therefore, this research focuses on the constitutionality of religious anti-vilification laws in Australia by examining not only the cases but also an in-depth analysis of the constitutional law.... In fact, this becomes the basis of a fundamental breach of the rule-of-law which holds that an individual is only innocent till proven guilty....
6 Pages (1500 words) Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us