The British Constitution - Essay Example

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The British Constitution

It is also mostly embedded in the written form through various statutes, judgments and treaties apart from the conventional principles. In countries like the USA whose democratic origin has been very recent, writing constitution for a new country after their independence from British rule was a necessity. But, parliamentary democracy in Britain has a very long history and the Parliament of UK is one of the oldest democratic institutions in the world. After the merger of the Parliament of Scotland in 1707 and Ireland in 1801 with the English Parliament, it has been known as the Parliament of the United Kingdom.  The country has an established judiciary system with a long history and the system has been evolving over the period of time mainly based on precedents in the legal landscape.  Parliamentary sovereignty is the fundamental principle of the un-codified British Constitution. There were controversies at the time of UK’s accession to European community based on the concerns that law-making functions could eventually be transferred to the EC Commission and the Council of Ministers. After the accession of the UK to European Economic Community, European common law has gained preeminence in the UK which is inevitable. In Thoburn v Sunderland City Council [2002] it was observed “All the specific rights and obligations which EU law creates are by the ECA incorporated into our domestic law and rank supreme: that is, anything in our substantive law inconsistent with any of these rights and obligations. ...Show more

Summary

This research paper “The British Constitution” seeks to discuss the statement ‘Britain's constitution has by and large been a success’ made by Barber N.W (2008) to uphold the view that the position does not provide an argument for us to adopt one.  

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