This essay seeks to investigate as to whether Britain would benefit from a fully codified singular document, similar to those found in other countries or whether Britain is at an advantage by keeping it’s existing documents, some of which are in statute form and some not, to allow for flexibility in the future. Although Britain lacks a single codified
120 states around the globe adopted a statute, on 17th July 1998- what is now famously known as the Rome Statute of the International Criminal Court or simply put “the Rome Statute”. This statute established the International Criminal Court (ICC). According to the Statute, the ICC is not an alternative to national courts; each state has the responsibility to exercise its criminal jurisdiction over those responsible for international crimes. The ICC intervenes only where a given state is unwilling
Prompt: “At the end of your lease, you and your roommates cleaned your apartment thoroughly, and because there was no damage to the apartment, you were expecting the landlord to return your entire security deposit of $2,500. The landlord has ignored your written requests for the return of your security deposit. You have since heard from other tenants of your landlord that he is notorious about refusing to return security deposits. What remedy do you have available under Massachusetts law? You need
A federal statute applies to all states. A state statute applies only within the state’s borders. State laws can vary from state to state (Miller, 2017 pg. 2). The third source of law would be Administrative Law. Administrative laws are laws created by administrative agencies (Sources
Constitution is a body of fundamental principles that sets out a framework of precedent which 'regulates the functions, powers and duties ' amongst the organs of the government. It provides authority to how such organs as the executive, legislative and judiciary must operate under a constitution law. The fundamental purpose of a constitution is being able to establish the roles and powers of different branches of a state alongside the perspectives and rights of its citizens. The United Kingdom
Parliament can however override and replace the prerogative by statute e.g. The Fixed-term Parliaments Act 2011. The Courts are capable of judicial review of these powers as was held unanimously in the GCHQ case. Only prerogative acts, which don’t involve high policy best determined by the executives will be reviewed
Acts. A common source of the constitution includes Acts of Parliament, there exists the argument that many of the Acts that are currently on the statute book are constitutional laws, this can be noted in the case Thoburn v City Sunderland (2002) , where Laws LJ makes a distinctions between what he termed as ‘ordinary statutes’ and ‘constitutional statutes’. Similarly decisions of courts can also become a source of legislation, as can the legislative supremacy of parliament, A.V. Dicey, the British
rights that an uncodified constitution offers. On the other hand there are many arguments against the idea of a codified constitution. One argument is that codified constitutions are considered rigid. Higher law is more difficult to change than statute law. It is easier to and quicker to introduce an Act of Parliament than to amend a constitution. Uncodified constitutions are flexible as they are not entrenched like codified constitutions. Due to
Unlike many other Nations with a codified constitution, the UK has no single constitutional document- this means, she has no single constitutional document but whose main sources are, Acts of Parliament, Judicial decisions and Constitutional conventions. This essay looks at the features of the UK’s constitution, what a written constitution entails and whether or not it would be desirable for UK to embrace codification being the only European state with an unwritten constitution. There has never
I feel cautious in enforcing a written constitution into our country, I believe the current rights have been stable and a change may seem unnecessary. The current arrangements have served Britain well for centuries, simply by relying on conventions. In my opinion, we should focus our energy on sorting the ever-growing problems affecting our country, rather than over complicating a situation. By not having a written constitution, it allows us to ensure the current laws adapt to changing situations