The Constitutional System Within The United Kingdom

One strength of the UK constitution is the flexibility that it has, for the reason that the constitution is uncodified or unwritten and is therefore not entrenched in law. Due to the fact that the UK’s constitution is uncodified or unwritten, it has an opportunity to modernise itself to the ever changing society or any other new circumstances that may arise. An example of the flexibility of the UK’s

The tyranny of England was not the sole power that led to the rights and liberty declared in the Declaration of Independence. Instead, it was Britain’s own Bill of Rights which acted as a precursor to America’s document of freedom. Although there are a vast amount of similarities between the two documents, I will argue that they are different in stated grievances, remedies, views on sources of political power, models of governance, and of rights and government.

The Differences Betweek the UK and US Constitutions The constitution of a state, at its most basic, can be described as the fundamental principles from which it is governed, usually defining how power is split up within it and thereby constructing a framework within which it operates (www.oed.com). In this essay, I will first provide a brief summary of the UK and US constitutions and then attempt to outline the key differences and similarities between the two and discuss whether the differences really do pale in comparison with the fundamental similarities. Queen Elizabeth the 2nd once said, “The British constitution has always puzzled me” (Hennessy, 1996) and this certainly becomes

The Advantages and Disadvantages of an Unwritten Constitution in the UK The UK has an unwritten constitution unlike the U.S.A. Instead Britain's laws, policies and codes are developed through statutes, common law, convention and more recently E.U law. It is misleading to call the British constitution unwritten; a more precise form of classification would be un-codified. This means that the British constitution has no single document, which states principles and rules of a state. However, The British constitution clearly sets out how political power is allocated and where it is legally located. The British constitution is still visible and it defines composition and powers of the main offices and

In 1783, the Americans triumphed in the American Revolution, which granted independence from Great Britain. After their victory, it became evident that the new country would need a secure and central government to thrive. The Constitution is a document formed to aid the new republic and ensure that it would become and remain stable. It gives a complete and thorough outline of the rights that all citizens are entitled to have. However, prior to the ratification of the Constitution there had to be many debates and factors that influenced the idea of such a document that would form the basis for the United States. The creation of the Constitution was a result of America’s perseverance through certain political, economic, and social issues of the 1780s. Even through the unfavorable circumstances, America was able to devise a doctrine that would become to be known as the basis for the greatest country in the world; the US

In this essay, I would like to analyse why the reform of the British constitution is seen as unfinished business. Constitutional reform is when the system of government and how government institutions interact is changed. This has also meant the codification of some components of the constitution in the UK. Between 1997 and 2007, there were a considerable number of constitutional reforms introduced by the Blair governments. These reforms included devolution in Scotland, Wales and Northern Ireland, decentralisation, reform of the House of Lords and Commons, creations of new legislation granting greater freedom and rights within the UK, and so on. However, some of them are yet to be accomplished or in progress related to the electoral and

The UK’s unwritten constitution, formed of Acts of Parliament [AoP], Royal Prerogative [RP], Constitutional Convention [CC] and Case Law [CL], prompts much debate about the ease of which constitutional change can be introduced. A written constitution is, by definition and practice, hard to alter however it remains to be seen whether it is any easier to change an unwritten

Liberty and authority have always been in conflict. If a government exercises too much authority, it could take away certain rights from the people. This would take away from their liberty. This is seen in dictatorships. If the government does not exercise enough authority, the people will have more freedom, but it would come at a price. Some people will abuse their freedom and use it to harm others. For example, without any restrictions and regulations, business owners could force their employees to work long hours for little pay.

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

It is necessary for the better understanding of the topic to discuss briefly codified and uncodified constitution and give definitions for both of them. According to Heywood (2013), a codified constitution is a single legal document that is popularly known as a ‘written constitution’ and that contains key constitutional provisions. However, the traditional approach is to distinct written or codified constitutions with unwritten or unсodified constitutions. Ryan and Foster (2014) notify that unсodified constitution is made up of rules from different sources. In other words, it is not a single document. Also, Finer, Bogdanor and Rudden (1995) describe an uncodified constitution of the United Kingdom as indeterminate and indistinct. According to Garner, Ferdinand and Lawson (2009), only three liberal democracies that are Israel, New

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

Question Number or Title: It has been consistently argued that the judiciary in England and Wales is not reflective of society. Critically consider the explanations for the lack of diversity within the judiciary and the extent to which government legislation and initiatives have tried to increase diversity within the judiciary?

Parliamentary sovereignty, a core principle of the UK's constitution, essentially states that the Parliament is the ultimate legal authority, which possesses the power to create, modify or end any law. The judiciary cannot question its legislative competence, and a Parliament is not bound by former legislative provisions of earlier Parliaments. The ‘rule of law’ on the other hand, is a constitutional doctrine which primarily governs the operation of the legal system and the manner in which the powers of the state are exercised. However, since the Parliament is capable of making any law whatsoever, the concept of the rule of law poses a contradiction to the principle of parliamentary supremacy, entailing that Parliament is not bound by the

Without the English Common Law, America’s judicial system and the true meaning and purpose of the Constitution could not be understood. As Fisher and Pond state in Our American Common Law, “It is the Common Law that is most represented within Our Constitution, Declaration of Independence and Our Bill of Rights.” These documents were designed to limit and eliminate the vicious Equity, Maritime or Admiralty Law which was what we revolted against as Our Revolution against the totalitarianism of England. Since the colonies in the seventeenth century migrated from Europe, the colonial government was a mixture of English principles that had been modified to fit the needs and beliefs of the new nation. Therefore, British and American legal systems share many similarities. Global legal system

Unwritten constitutions are flexible as they are not entrenched, and flexibility is extremely important and useful as the modern day is constantly changing.