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. …
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  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....
In Thoburn v Sunderland City Council  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 is abrogated or must be modified to avoid the inconsistency”. (Baili, 2002) But, it is important that the EU law for this purpose should originate from and authorized by the Parliament. It was asserted in the case that there is nothing in the ECA which allows the Court of Justice, or any other institutions of the EU, to touch or qualify the conditions of Parliament's legislative supremacy in the United Kingdom. In the Thoburn case there was criminal conviction of Steven Thoburn, a green grocer and other defendants for various offences inter alia calibration of weighing machines and the use of unapproved instruments or measures. In such cases which deal with constitutional issues, political and legislative implications are also involved. Drewry, G. (2007, p.112) states “the political and parliamentary implications are every bit as important as the legal ones. Both (one of which is Thoburn’s) cases, in their different ways, were concerned with important areas of national and European public policy, and with legislation that is a product of political processes’. The written constitutions in such cases are likely to pose adaptation problems as the issue covers various aspects of international importance and cross border activities. The establishment of European Court of Justice and its growing significance in the legal system of the United Kingdom and the supremacy of EC law in the event of conflicts with the UK laws have caused a great deal of discussions and ...
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(“The British Constitution Essay Example | Topics and Well Written Essays - 2250 words”, n.d.)
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(The British Constitution Essay Example | Topics and Well Written Essays - 2250 Words)
“The British Constitution Essay Example | Topics and Well Written Essays - 2250 Words”, n.d. https://studentshare.net/politics/22342-the-british-constitution.
To what extent does the evidence suggest that these propositions are valid And, in your scholarly opinion which of the two has more weight
The British Constitution is uncodified and can be found in a variety of documents. Advocates of this form of constitution believe that the uncodified system encourages flexibility and changes can be made easily.
However, this is not the case in the United Kingdom. Constitutions differ as regards their detailed features, though most are nowadays written. The principle characteristics of the British Constitution, which distinguish it from nearly all others, include features, such as it being unwritten and flexible.
The European constitution is threatening to overtake British constitution, considered to be the mother of all the constitutions and there are apprehensions in the air.
In his recent speech as party leader at Labour Conference, Prime Minister Gordon Brown Declared: "Britain has been tested and not found wanting.
Thus the British constitution can be contrasted with other constitutions like the Constitution of the United States of America. (Barendt, 1997) Brazier (2001) has for instance stated that:
"A British citizen has to seek the rules of the constitution in a daunting number of places - legislation, judicial decisions, statements about constitutional conventions, the law and practice of Parliament, European Community law, and so on." (p.3)
This is work will explain the nature of British constitution.
Jurispedia (2003) defines a constitution as, "...A set of rules... to establish the duties, powers and functions of the various institutions of government, regulate the relationships between them, and define the relationship between the state and individual."
Moreover, the principle of separation of powers assumes that certain functions should be carried out by different institutions with neither impinging the other’s authority2. As Montesquieu argued; “All would be lost if the same man or the same ruling body……were
The British constitution is the set of governing laws and principles in the United Kingdom. This constitution is unlike many of those found in modern day states. It is not a written or codified constitution; it
As tyhe paper highlights the constitution is unwritten in one single document, it is not entirely unwritten. It is also mostly embedded in the written form through various statutes, judgments and treaties apart from the conventional principles. Parliamentary sovereignty is the fundamental principle of the un-codified British Constitution.