Assignment on Constitution

3275 Words Nov 3rd, 2012 14 Pages
Introduction

“A constitution is a thing antecedent to a government and a government is only the creature of a constitution.A government without a constitution, is power without a right”. A written constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. An important theme in the literature is that the UK lacks a codified. A distinction is drawn between a constitution as the rules determining political conduct, which the UK like any other country has, and a codified constitution, that is a single document or collection of documents within which they are contained, which the UK lacks. We kept guessing that can a Witten constitution ensure the smooth working of a
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Lord Simon's reference to "other democratic systems" reminds us that under the Constitution of the United States, for instance, the written Constitution itself is the ultimate legal authority - Congress is not sovereign, and its legislation can be struck down by the Supreme Court.

Parliament cannot bind its successors Although not mentioned in Dicey's formulation, this principle is an important aspect of Parliamentary sovereignty. If Parliament is to be sovereign today, then its freedom to legislate must not be limited or encumbered by anything previous Parliaments have done. It follows that today's Parliament cannot bind future Parliaments. Obviously that means Parliament can repeal previous statutes. It almost always does so intentionally - most Acts of Parliament list in a Schedule the past enactments which they amend and repeal. This is called express repeal.

Parliament can reform itself, and change its own procedures However Parliament can change itself, in effect determining the way future Parliaments can go about making legislation. For instance, the House of Lords Act 1999 abolished the right of most hereditary peers to sit in the Lords. Particularly important examples of this are the Parliament Acts 1911 and 1949. The 1911 Act limited the power of the Lords to block legislation; it could delay a Bill for two years, but if