Explain custom and its role in Scots law. 1. Scotland is a part United Kingdom and does not have its own right to make a law without approval. As a part of United Kingdom Scotland has a right to make decisions under only certain legislations. There is also a higher power on top of UK which is European Union that needs to approve any decisions of law making made by UK.
Recent changes to the UK constitution have raised questions as to whether or not parliament retains its sovereignty as the supreme law making body. These changes include the UK becoming a part of the European Union and the devolution of Scotland and Wales, although theoretically these should not affect the principle of parliamentary sovereignty. Parliamentary sovereignty has always been the basis in the UK constitution. AV Dicey set out the definitive statement of parliamentary sovereignty in his Introduction to the Study of the Law and the Constitution, 1885. This identified three elements to the UK constitution: 1.
The role of the EP is to draft the law that has an impact across all of the EU states on issues such as the environment, equal opportunities, transport, consumer rights and the movement of workers and goods. Central Government The central government is based in the palace of Westminster in London and is the layer of government that operates across the whole of the country. It has very specific responsibilities that no other level of government is able to do. For example the central government sign treaties or agreements with other nations, they also make the laws and defend the nation. The central government contains the major central political institutions of the UK, these are the house of commons and the house of lords.
Democracy is a system of government by the whole population or all the eligible members of a state, typically through elected representatives. Some of the aspects that the constitutional changes have address are; decentralisation, accountability, participation and rights protection. One aspect of democracy that has been addressed is decentralisation. Decentralization is the process of redistributing or dispersing functions, powers, people or things away from a central location or authority. An example of constitutional reform that addresses this is devolution; more specifically the Scottish and Welsh devolution referendums in the UK.
Therefore the principle of popular sovereignty is declared. In the United States the people are in control and it all rests in their hands, because the people are the only source in deciding who would be in government. The people are sovereign and the government draw their
The three branches of U.S. government are all supported by the U.S. Constitution. Each branch will be broken down to the basic forms and understood how each one is different and have their own roles. The legislative branch is the branch that controls all the power of laws for the whole country. The Legislative branch powers consist of regulating takes, the power to declare war on any foreign country, or the power to impeach the president. The Congress consists of two houses, The Senate, and the House of Representatives.
A constitutional monarchy is when the monarch is the head of state and they can influence who is in parliament. By appointing Pitt the Younger as Prime Minister, King George III carried out patronage, patronage is granting favours or making appointments to parliament in return for political support. Without the support of the king, Pitt would not have become Prime Minister to begin with. Pitt also managed to remain as Prime Minister
Should the UK remain as an uncodified constitution? A constitution is a set of rules that: seek to establish the duties, powers and functions of the various institutions of government; regulate the relationship between and among the institutions; and define the relationship between the state and the individual. There are many different types of constitution. Constitutions can be codified or uncodified, unitary or federal and seen as rigid or flexible. The most common way of comparing classifying constitutions is codified or uncodified.
1. Critically analyze the main functions and powers of Congress. Introduction: Congress, which is made up of the House of Representatives and Senate is seen as the most independently powerful legislature in the world as it is fiercely protective of its constitutional position. Its main aim is to exert independence from executive influence, which in many occasions it has, especially its stance with the Health Care Bill. This independence derives from the constitution as the founding fathers suggested Congress was to be “the central element of the new political system” allowing Congress to perform checks and balances on a powerful executive.
For, every state is a Republic as guaranteed by the Constitution, and every state has its own form of House of Representatives and Senate. In Section 2 it reads “the Qualifications requisite for Electors of the most numerous Branch of the State Legislature”, and that in short words means that the state can set its own prerequisites along with the ones already in place by the federal government. This is another way Americans can be represented in government because each state can vote on prerequisites that coincide with their own views and Beliefs. Than on the other hand the Federal government