StudentShare solutions
Got a tricky question? Receive an answer from students like you! Try us!

Essay example - Legislative Supremacy of Parliament and the Separation of Powers

Pages 6 (1506 words)
Download 0
Before giving introduction of parliament, I should have a precise knowledge of constitution i.e. what is constitution A constitution is a written document in codified form used for governance, which throws the light on the rules and principles of a political entity…

Extract of sample

Constitution in a codified form is one which is written or contained in a single document and is a single source of law in a state. There are 3 types of constitution:-
2) Entrenchment - It is the second fundamental feature of constitution. It tells us whether the constitution is legally protected from modification without a procedure of constitutional amendment or not. The procedure of modifying a constitution is called amending. Amending an entrenched constitution requires wider acceptance.
3) Distribution of sovereignty - Sovereignty means right to have a full control over a governance's area by a group of people or an individual. Sovereignty is an important part of constitution and it is located or seen in a state. There are three types of distribution of sovereignty:
4) Separation of powers - Constitution usually explicitly divides power between various branches of government. The standard model, described by Baron de Montesquieu, involves three branches of government: executive, legislative and judicial. Constitutions vary extensively between these branches.
5) Lines of accountability - This feature of constitution explain that who is accountable to whom. In other words we can say that who has the right or the supreme power to appoint or dismiss the ministers.
Parliamentary supremacy or legislative supremacy is a well known concept in law that applies to parliamentary democracies. ...
Download paper
Not exactly what you need?

Related papers

Rule of Law - UK law
This drawback was recently remedied substantially, albeit not completely, by the Constitutional Reform Act 2005.1 For instance, there is now a Supreme Court under Part 3 of the law which has taken over the judicial powers of the House of Lords which used to have appellate jurisdiction. Being then all under the Queen, the rule of law was said to be hinged on her sovereignty in the parliament which…
6 pages (1506 words)
compare the parliamentary and presidential forms of government. What are the strengths and weakness of each
The Prime Minister (who is the chief executive) may be elected to the legislature in the same way that all other members are elected" (Governing Systems and Executive-Legislative Relations n.d.). Power in Parliamentary systems is concentrated in the Parliamentary leaders. It follows that pressure groups, to promote their interests, must influence the leaders, and this they can do effectively only…
10 pages (2510 words)
Separation of Powers
Montesquieu echoes Aristotle's arguments that having the mixture of the traditional governing bodies would balance the power and authority. Further more, he references Aristotle in his book by saying; "The inhabitants of a particular town are much better acquainted with its wants and interests than with those of other places; and are better judges of the capacity of their neighbors than of that of…
6 pages (1506 words)
The legislative or law-making function, which is the enactment of rules for the society. The executive or law-applying function, which covers actions taken to maintain or implement the law, defend he state, conduct external affairs and administer internal policies. Finally came the judicial or law enforcing function, which is the determining of civil disputes and the publishing of criminals by…
10 pages (2510 words)
Federal Parliament
The law made by the courts, using precedent, as opposed to those made by parliament (Statute law), is called the Common Law. The Common Law is case-based and has a hierarchical doctrine of precedent. It is adversarial rather than inquisitorial. The adversarial system of law relies on the skill of the different advocates representing their party's positions and not on some neutral party, usually…
5 pages (1255 words)
Historical Developement of Separation of Powers
In 17th century England, it emerged for the first time as a coherent theory of government, explicitly set out, and urged as the 'grand secret of liberty and good government'" (Vile, M.J.C.; 1967; Chapter 2). In the upheaval of the Civil War, the doctrine emerged as a response to the need for a new constitutional theory when a system of government based upon "a mixture of King, Lords, and Commons"…
7 pages (1757 words)