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Essays in Public Law category
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"'The British Constitution, contrary to popular description, is not 'unwritten'- a good part of it is written- but it is uncodified.' (House of Lords Select Committee on the Constitution, 2002) Discuss."
... "unwritten" is far too general to describe the nature of the British Constitution, however, "uncodified" is a better classification. In agreement with the statement made by the House of Lords Select Committee on the Constitution, the British Constitution has a great ...
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"The essence of the British Constitution lies not in its laws but in its Conventions" Discuss.
... of government within a state. It establishes the bodies and institutions which form part of that system, it provides for the powers which they are to exercise, it determines how they are to interact and co-exist with one another and ...
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"The proposal for an EU constitution has both advantages and disadvantages - However, any moves towards the creation of a "federalist superstate" should be strenuously opposed."
... with its goals of bringing together institutions to its citizens with better democratic scrutiny, expanding the amount of Member States included in the Union, achieving greater transparency and simplification of the treaties ( www.europarl.org.uk). These all being the beginning aims ...
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"The Royal Prerogative remains a significant source of constitutional law which is largely immune from scrutiny by the courts."
... and out of the ordinary course of the common law, in right of his regal dignity. And hence it follows, that it must be in its nature singular and eccentrical ; that it can only be applied to those rights ...
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"The Royal Prerogative remains a significant source of constitutional law which is largely immune from scrutiny by the courts." - agree or disagree?
... and out of the ordinary course of the common law, in right of his regal dignity. And hence it follows, that it must be in its nature singular and eccentrical ; that it can only be applied to those rights ...
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"Without conventions, the constitution of the United Kingdomwould be unworkable". Discuss.
... constitutional convention; using Jennings' test three questions must be asked- firstly, "What are the precedents?" , secondly, "Did the actors in the precedents believe that they were bound by a rule?" , and thirdly, "Is there a reason for the ...
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"Would replacing the House of Lords with an elected chamber create more problems than it would solve?"
... House of Lords curbed somewhat. In 1999, the present Labour government began their much-heralded reform of the House of Lords with the removal of the rights of hereditary peers to an automatic seat in parliament, an aspect of the Lords ...
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“Despite their many apparent differences, the UK and US constitutions are fundamentally similar.” Discuss.
... customs be found in law. As such, it is unclear what exactly does comprise the UK constitution. It is much vaguer therefore than that of the US. Despite this, however, there is an underlying similarity between the constitutions in terms of ...
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“It cannot be too strongly emphasised that the British Constitution, though largely unwritten, is firmly based on the separation of powers” - Consider the extent to which this view is accurate.
... of law making. - The Executive - This is the Government. The function of the government is to run the country in the interest of the general public. The Prime Minister, the civil services, the police and other ministers make up ...
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"The differences between the
UK and US constitutions are overstated since both constitutions cr
... changing the constitution is responsible for a difference in political system. In my conclusion I shall assess whether my investigation is corresponding to the statement. Friedrich (1937) believed a constitution should be 'a system of effective regularised restraints on government action, ...
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'A written constitution is a mixed blessing'. Is this the lesson to be learned by would be reformers of the British constitution from studying the workings of the US constitution?
... to serve its citizens and to define the role and power of and between governmental institutions. A written constitution is often regarded as being a 'mixed blessing,' warning would be reformers of the British constitution that along with its advantages ...
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'Every Community court must, in a case within its jurisdiction, apply Community law in its entirely and protect rights which the latter confers on individuals and must accordingly set aside any provision of national law which may conflict with it, whether
... restriction being of implied reliance. However the 1972 European Communities Act skewed this situation. Article 249 of the EC treaty helped to make sure the UK was subject to direct application of EU law. Due to this regulation Community law ...
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'The enactment of a codified constitution would transform the British system of government.' Discuss
... the extent to which codification would transform the constitution is entirely reliant on factors that would have to be decided before the constitution were enacted. These factors include what a written constitution should contain and how detailed it should be. ...
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A Constitution
... Peoples Acts lay down the law, relating to who has and who does not have the right to vote. The controversial Police Powers Bill which passed into law, immediately before the 1997 General Election enlarged the powers of the police ...
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A Constitutional Commission is considering how Constitutional conventions might be incorporated into the new draft of a new constitution of the United Kingdom. What options face the commission on what to recommend about conventions, and which course of ac
... or of other officials." On the face of it then, constitutional conventions seem a vital part in governing the government. Rules to regulate the regulators. On closer inspection however, we see that they are (i) not written down, (ii) not ...
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A federal state
... on promoting the importance of social issues and the completion of a single 'internal marketi'. The SEA was given nearly three hundred directives for ways in which to complete this proposed move towards economic unity. The creation of a single ...
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a JUDGE
... a fair trial, these judges hear everything from traffic, and civil cases to sports management problem these judges review the contract to see if any indecency are present. There criminal courts these judges have tough decision these judge have to ...
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A new Constitution of the United Kingdom - What options face the Commission on what to recommend about convention, and which course of action would be preferable?
... not be taken into action in courts. They are non-legal rules. One example of this is the power of the monarch. The Queen has the power to choose her Prime Minister and she has power to suspend government. Royal assent ...
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A Parliament with a strong party system, such as that of the UK, is inherently flawed as a means of holding Government accountableâ Discuss
... Monarch, House of Lords, House of Commons. Each has their own role in the maintenance of a fair government, the importance of which increases respectively. The Queen's role today is minimal, although, the right to deny an act royal assent ...
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A UK Bill of right's?
... Scotland and Wales have led to calls for an extensive review of Britains constitution. Many are calling for it to be reviewed with an eye to implementing a clearer, written example along the lines of Americas Bill of Rights. Therefore, ...
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A written constitution in Britain?
... limits of power. Recently, the Government has been accused of decreasing its accountability through various agencies and quangos by allowing them to carry out Government policies without the agency directors being held accountable for their mistakes; a written constitution could ...
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Adminstrative Assignment
... Council. (a)Firstly a public authority's powers must be exercised consistent with the conferring statute. The exercise of power will be unlawful where the decisions maker takes in to account factors in law which are irrelevant or leaves matters which are relevant. ...
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Amendments to the Irish Constitution.
... common citizenship of Ireland with Great Britain and her adherence to and membership of the group of nations forming the British Commonwealth of Nations", in other words only in relation to his role as part of the Treaty settlement. But this ...
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Argue the case for or against the proposition that "all members of the House of Lords should be appointed by an independent Appointments Commission which would secure (i) that 25% of the members were independents, (ii) that the party balance between the r
... government from 1974-79. Labour had won this election despite proportionally getting less votes than the Conservatives. The Lords believing this government to be, illegitimate capitalized on the very slender majority Labour had in the commons and constantly provided fierce opposition ...
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Arguments For and Against a Codified Constitution
... a codified constitution. Some would argue that this means Parliament is unrestrained-Parliament can make any law it chooses and unmake any law it chooses. Parliament's heavy workload means laws that are not properly thought out are passed and there is ...