Therefore, the Constitutional status quo that exists in the country has produced a very flexible system wherein governance is dependant upon political and democratic principles rather than a rigid system that relies upon written rules3. Parliament is sovereign, as articulated by Oxford Professor A.V. Dicey who stated that “in theory, Parliament has total power, it is sovereign” thereby it is the source of all valid authority.4 There is no formal separation of powers between the three branches of Government – the executive, the legislature and the judiciary.
The functions of the executive and legislature are often mingled with that of the judiciary, since ministers who implement new acts are also involved in legislation, similarly judges in the House of Lords are also entitled to participate in the legislative business of the Upper House.5 Moreover, judicial independence under the UK Constitution is not exclusive of political interests. Judges are appointed by the Lord Chancellor, thus their functions cannot be judicially impartial, while
Based upon the features of the U.K. Constitution as spelt out above, it may be noted that it is different from the Constitutions of other countries. One of the most important differences is that the UK Constitution is uncodified, while most other countries such as the United States, European and Asian countries have a formal Written Constitution that clearly lays out the principles upon which the nation is founded. In the United States and the Commonwealth of Independent States, the Constitutions clearly spell out a Federal, decentralized system of Government and the exact division of powers between the Centre and the States, as for example the tenth amendment to the U.S. Constitution.7 In Australia, the Australian Commonwealth Act of 19008 has handed over Constitutional control of the Privy Council to the Federal Government9, while retaining the independence of the States in other ...
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Others thought that this is a fundamental right to express a person’s participation and submission to social contract. But this, as a universal right, is not without limitations. Nations all over the world legislated policies that constitutionally guarantee the right of suffrage but also bar its exercise when a person is convicted of a crime.
They compose of such rights as freedom of expression, equal treatment before the law and the right to life among others. Here, there is freedom of expression which thus gives people the right to protest as long as they do not infringe into other people’s rights or break the law.
Interpretation, in this case, for compliance may be in conflict with the intent of the legislation. This is considered as a last resort measure with an array of superior courts having the ability to issue such a declaration of incompatibility. The declaration does not bind the parties nor can it lead to the invalidation of legislation (Clements, 2008: p21).
The House of Lords in the UK can be traced back to the 14th century, from where it has developed with various changes to what people now call the second chamber or upper house in the UK constitution (parliament.uk, 2011). For centuries, it had always had an upper hand in the work of the government, by either supporting or refuting the discussions of the common house.
Public law on the other hand refers to the standards and rules specifying responsibilities and privileges among private individuals and the government. Public law is also regarded as the rules and regulations that control responsibilities and privileges in a situation between a member of the public and the government.
BBC) will be used in this discussion as a means of taking a look at case law with reference to the Human Rights Act of 1998. This discussion is meant to critically analyze the statement made by Lord Hoffman as well as the Human Rights Act of 1998.
rtable with the shop’s operation on Sundays, gives rise to various grounds upon which the complainant may challenge the council’s decision or at least, the procedure used in issuing the license. The following are the various grounds:
Illegality: Illegality, as a ground for
Once an area is designated a protected area, section 2 prohibits access to the area unless a permit has been obtained from the Secretary of State.
The Secretary of State (Joanna) decides to consult local residents about whether to designate Jesmond Forest as a
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