Public Law exam question - Essay Example

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Public Law exam question

Its is been examined and argued that existing constitution of UK is loose assemblage of defining conventions and institutions and concluded that it lacks the checks and balances needed to make it a democratic system of governance.
By contrast, in the Westminster tradition, which originated in England, the uncodified constitution contains written sources but also unwritten constitutional conventions, precedents, royal prerogatives and custom collectively constituted the British constitutional law. In the days of the British Empire the Judicial Committee of the Privy Council acted as the constitutional court for many of the British colonies such as Canada and Australia, which had federal constitutions.
I completely agree with the author that Conversely, the British constitution is, in practice, becoming more written and more legally codified, mainly because of the growing quantity and impact of EU laws and regulations, which take legal precedence over all other sources of the constitution; and also because of the large number of constitutional reforms introduced by statute since 1997 - such as devolution, reform of the Lords and the Human Rights Act. This trend will continue.
Again, in practice rather than theory, the British constitution is gradually becoming more rigi ...
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Summary

Codified constitution is quite different from the written constitution in a number of ways. Written constitution like in UK would spread across a hundred different documents, decrees, statutes and reference works etc. And the opinion of many commentators is that, without a formal, codified structure, such 'unwritten' constitutions are untrustworthy, because they are confused, unclear and uncertain…
Author : abdul85

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