StudentShare solutions
Triangle menu

Constitutional Law Master - Essay Example

Not dowloaded yet

Extract of sample
Constitutional Law Master

There is no technical difference between ordinary statutes and law considered "constitutional law." Therefore the Parliament of the United Kingdom can perform "constitutional reform" simply by passing Acts of Parliament and thus has the power to change any written or unwritten element of the constitution. The constitution is based on the concept of all sovereignty ultimately belonging to Parliament (Parliamentary sovereignty), so the concept of entrenchment cannot exist. The lack of a central written constitutional document explaining the fundamental principles of the state and relationship between its institutions and between the people leads some constitutionalists to regard the United Kingdom as having "no (formal) constitution." The phrase "unwritten constitution" is sometimes used, despite the fact that the UK constitution incorporates many written sources, statutory law being considered the most important source of the constitution. But the case remains that the constitution relies far more on unwritten constitutional conventions than virtually every other liberal democratic constitution.
Conventions as a source of constitutional rules have been widely acknowledged. Regardless of whether a country possesses an unwritten1 or a written constitution, constitutional conventions usually play an important role in regulating constitutional relationships among different branches of government. A common definition of constitutional conventions is: "By convention is meant a binding rule, a rule of behaviour accepted as obligatory by those concerned in the working of the constitution."2 Law and constitutional conventions are closely related. Constitutional conventions presuppose the existence of a legal framework, and do not exist in a legal vacuum. For example, in the UK, the constitutional conventions of forming a Cabinet presuppose the laws relating to the Queen's royal prerogative, the office and powers of Ministers, and the composition of Parliament.3 A difference between law and constitutional conventions is that laws are enforceable by the courts, but constitutional conventions are not enforced by the courts. If there is a conflict between constitutional conventions and law, the courts must enforce the law. In some countries, such as the United Kingdom (UK) and Canada, the courts acknowledge the existence of constitutional conventions as aids to judicial interpretation.4 Academics consider that such acknowledgement may at 1times appear to be similar to enforcement.5 The constitution ... is seen to consist of two different parts; the one is made up of understandings, customs, or conventions which, not being enforced by the courts, are in no true sense of the word laws; the other part is made up of rules which are enforced by the courts, and which, whether personified in statutes or not, are laws in the strictest sense of the term, and make up the true law of the constitution. This law of the constitution is, as we have further found, in spite of all appearances to the contrary, the true foundation on which English polity rests, and it gives in truth even to the conventional element of the constitutional law such force as it really possesses.









First, as constitutional conventions can easily be adapted to new circumstances arising, they are therefore frequently used as a means of bringing about constitutional development, provided that those constitutional co ...Show more

Summary

At first sight, this is a strange question. Any constitution would evidently be useless if it did not constrain seriously - under the threat of sanctions- at least the ways and means in which access to power is gained, and the limits of the authority of the principal power holder…
Author : vincentyost
Constitutional Law Master Essay essay example
Read Text Preview
Save Your Time for More Important Things
Let us write or edit the essay on your topic
"Constitutional Law Master Essay"
with a personal 20% discount.
Grab the best paper

Related Essays

Constitutional Administrative Law Essay
Ensuring EU treaties uniform interpretation is the ECJ’s responsibilities. The ECJ has progressively become powerful and considerably wields more authority than several international courts. According to (Bradley and Ewing 1997, p. 271), the ECJ is an active court that enhances constitutionalising of treaties in community law, and disseminating its powers to extend remitting law for European integration.
6 pages (1500 words) Essay
Constitutional Law Essay
On behalf of its members, PAM brought an action in the appropriate United States District Court against State X claiming that the Drug Act requiring rebates from drug manufacturers is unconstitutional. There was a similar suit as PAM's which went before the Supreme Court for a writ of certoriari, in the case PhRMA v.
2 pages (500 words) Essay
Contract Law Master Essay
Thus, I would tell my French friend that the codified French legal system is different from the English legal system which is a common law system relying on case law or the ratio decidendi of past cases and statutory laws (Owens 2001,p.3). a) A contract is a meeting of minds between two or more parties by which one party makes an offer and the other party accepts the offer.
13 pages (3250 words) Essay
Property Law Master Essay
Baxtr. The plaintiff bought a haystack from the defendants. The haystack subsequently burned down and he sued the defendants (seller). It was held that the buyer had to bear for the loss and was therefore required to pay the price. This is because the property was passed to him when the contract was made.
8 pages (2000 words) Essay
Criminal Law Master Essay
Some of them belligerently try to influence or browbeat other jurors and there have been occasions when the jurors indiscriminately discuss the confidential court proceedings in domestic or friendship quarters, rumours getting publicised and leading to embarrassment of the Court.
6 pages (1500 words) Essay
Information Law Master Essay
While most of the information remains socially acceptable some of it works to wound the accessing society at large by offending the sensibilities viz. a substantial amount on information befitting the obscenity dimensions is placed on internet. Similarly internet has been used both as an anonymous and identified media to attack and vilify people, states, organizations etc.
4 pages (1000 words) Essay
Constitutional Law Degree Essay
However, in order to be effective, each participating elector in a referendum must not only know the question submitted to the electorate, but must also understand the various issues surrounding the said question. It is thus the duty of the government, in the conduct of referendum, to protect the said rights of each elector: the right to information on matters of public concern, and the right to give an enlightened consent or disagreement to the question thus interposed.
6 pages (1500 words) Essay
Medical law Master Essay
Therefore, these are practical situations where, the caregiver is supposed to do something and at the same time is not expected to do something (Johnstone, M., 2005, 227). If this occurs, the physician or the nurse will have to make some choice between the two conflicting options, both of which are equally unsatisfactory.
4 pages (1000 words) Essay
Company Law Master Essay
Britain was amongst the first nations to develop rules to regulate how companies operate and introduced a company registration scheme in 1844. Company Law has developed over the years both in common law and through various Acts of Parliament, most recently the Companies Act 2006 which is the first major overhaul of company law in the U.K.
8 pages (2000 words) Essay
Constitutional Law Bachelor Essay
The first level has to do with the substantive aspect, ie, reckoning the competing rights of "free speech" and "religious freedom" and then solving it by using the existing European Convention on Human Rights. The second level is procedural, or whether or not the passage of the Act has complied with the legal requirements for passing legislation.
12 pages (3000 words) Essay
Get a custom paper written
by a pro under your requirements!
Win a special DISCOUNT!
Put in your e-mail and click the button with your lucky finger
Your email
YOUR PRIZE:
Apply my DISCOUNT
Comments (0)
Rate this paper:
Thank you! Your comment has been sent and will be posted after moderation