The British constitution can be defined as a framework of rules which interpret the way in which power is separated between the various parts of the state and relationship between the state and individual. The British Constitution structures, administers and governs state power. Democracy, economic performance as well as human rights, are all outcomes of a countries constitution. The British constitution is the symbolic function of defining the nation and its goals. Along with merely 5 other countries, Britain is among very few to have an uncodified constitution. An uncodified constitution is where the constitution is unwritten. The British constitution is also classified as “uncodified”, because many UK laws of a constitutional nature are …show more content…
Firstly that all actions by the governments must be authorized by the Law. Secondly, that nobody may be punished unless the law authorizes it. And thirdly, that regular Law would be above discretionary powers. The Rule of Law has been debated and discussed ever since it's creation, although the issue is that it isn't clearly defined in most cases where it is used. To put it simply, the Rule of Law dictates that "none are above the law, but the law is above all". The best way to give meaning to the rule of law is to use it in a modern example; President Mugabe refused to follow The rule of Law by stating that he would not remove war veterans from white owned farms. Mugabe was court ordered to remove war veterans from these farms, with his refusal to do so he breached and ignored The Rule of Law. We need The Rule of Law so that no one in a society is immune to the rules that society has set. The Rule of Law makes sure that all laws are applied to everyone in the equal measure. It makes sure to disregard race, religion, and any other defining characteristics of a given individual. The Rule of Law assures us that that there is structure within all other Laws and that all Laws cannot change on the whims of people in political …show more content…
It is described as the most important aspect of the U.K. Constitution but in all retrospect it is only the most powerful. There is no end to what Parliament can do or create, Igor Jennings (1959) stated that "parliament can legislate to ban smoking on the street of Paris, parliament can legally make a man into woman", and Sir Leslie Stephens said "Parliament could legislate to have a blue eyed babies put to death"; these quotes show us for how long there have been negative comments towards Parliament Sovereignty and the power they
There are various strengths of the UK constitution; these include the fact that the constitution is flexible, it protects the rights of citizens and finally it gives power to the executive. The UK and its constitution, in my opinion, is a very strong unit, this being shown through the points listed above and consequently explained below.
The rule of law is whereby the government and all those who govern are bound by the law and everyone must follow the law. Rule of law is also known as nomocracy. Government individual officials are not entitled to make any decision which is not in accordance to the law (Paulsen, Calabresi, McConnell & Bray, 2013). All the citizens are governed by the law including those who make the laws. A. V. Dicey has highly advocated for rule of law in modern times and has popularized it. In history the idea of rule of law can be traced back to the ancient civilizations like China, Mesopotamia, and Rome among others.
A constitution is a set of rules that defines the manner a country is run. The British constitution is said to be an unwritten constitution, more accurately it is uncodified as much more of the British constitution is written down, however, they are not all written down in a single document like a codified constitution would require as how the US is, however draws from several different sources such as; statutes laws, common law, conventions, EU laws, authoritative documents etc. Statute law, is a written law passed down by parliament for example the human rights act of 1998 which brought the European convention on human rights into British law, conventions is another
The reason why that is British Constitution is unwritten in one single document, unlike the great majority of countries there is no single legal document which sets out in one place the fundamental laws outlining how the state works. The British Constitution can be found in a variety of documents. Just like it says in the book “some of it is made up of statute, or acts that Parliament has passed; the Parliament has the power, by a simple majority vote, to change any aspect of the British constitution.” (Shivery P.220). I never heard of such a development country like Britain has no written document that set up laws to be
A constitution can be defined as ‘A set of rules that seek to establish the duties, powers and functions of the various institutions of government; regulate the relationship between and among the institutions; and define the relationship between the state and the individual,’ (Winrow, n.d.) Marking the approaching 800th anniversary of Britain’s famous Magna Carta, Graham Allen MP has put forward a proposition about how Britain should reconsider its un-codified constitution. He states: ‘At the beginning of the 2010 Parliament, we felt that the time was right to engage the public in a comprehensive evaluation of the United Kingdom’s democratic arrangements, culminating in this consultation which runs into the year that we will celebrate 800
A constitution is the foundation of any state’s authority to govern, it can be written, codified, or unwritten, uncodified. In a basic sense it lays the ground rules for any state including the various institutions, for example, the judiciary, the legislature and the executive. It importantly gives these institutions the power necessary to generate legislation, to then enforce it and to interpret the legislation. (Clark et al. 2013, p.706) The branches of government and their functions and powers are often set out in constitutions, in addition limitations on the branches of government are formalised. In the USA, where the constitution is written, a system of checks and balances are set out in the constitution to prevent any one branch from becoming all powerful or tyrannical. However, in the UK the constitution is unwritten and the emphasis is much less on a
Do you agree that the UK constitution is uncodified and should remain so? Uncodified constitutions are not written down in a single document. “The United Kingdom is one of only three countries in the world which has not written down its constitution in a single document.” The UK constitution can be sourced by looking at the Acts of Parliament, prerogative powers, constitutional conventions, case law and EU law. Many would argue that the UK constitution should become codified.
A notable case where the rule of law became paramount was the dealings of King John of England and his barons, who “nudged” him to sign the Magna Carta, a document which essentially limited the powers of the King and even allowed a committee (of Barons) to depose of the King if the King were to disobey the Magna Carta. This power served two functions, one, it placed the King (who was already above every corporeal form) under the law and two, it gave others power over the King, which was a simple form of checks and balances, which will be discussed later. Nonetheless, the rule of law is essential to a constitution, as without the general understanding that no one is above the law, no one would (contently) follow the law and no leader(s) would abide by the set of base laws provided within the constitution. It goes without saying that if no one follows the law, why even have those laws in the first
Over time, documents that better helped maintain order in a nation came along. The British Constitution is able to adopt those certain policies in order to better fit their nation. Lucas:
The rule of law states that nobody is above the law and everyone must follow the law. The citizens as well as the government have to enforce or follow every law and the people feel safe knowing this because they know the government will not just do what it wants. This is the second most important limit behind constitution because laws need to be fair and taken into action in order for the country to have balance and order. When a country has a rule of law, everyone must follow the law even the president must follow these laws also. Therefore the law is even greater than
A constitution is a set of rules, set by the legislature that defines the powers and duties of the government and the relationship between the state and an individual.
A constitution is a set of rules which may be written or unwritten, establishes the distribution of power in a political system, the limits of government jurisdiction, the rights of citizens and the method of amending the constitution itself. An uncodified constitution is unwritten, or at least not written all in one document. The constitution in the UK is found in a variety of sources which are mainly statute and common law, conventions and traditions, European law etc. There are arguments for the UK to both retain an uncodified constitution and to change this to a codified constitution like the USA. Some of the arguments for retaining the uncodified system are that; codification produces
The British constitution is flexible in nature, which has allowed for the development of this country over centuries without the need for a fully codified constitution. I
The rule of law represents a challenge to State authority and power, demanding both that power be granted legitimately and that their exercise is according to law. The law is not autonomous but rests on the support of those it governs. Whilst the rule of law places law above everyone, it remains paradoxically subjected to the ultimate judgment of the people. The rule of law is considered the most fundamental doctrines of the constitution of UK. The constitution is said to be founded on the idea of the rule of law.
The United Kingdom (UK) is one of the longest living monarchies in Europe and has the longest Parliament. In legislative terms, the UK is a non-federal state that is composed of three countries (England, Scotland and Northern Ireland) and one principality (Wales) (Slapper & Kelly, 2008). Surprisingly, UK is one of the few countries that do not have a written constitution: however, UK has a body of law that is of constitutional significance. Furthermore, UK law is also not codified, process