In legal terms, this can be considered relatively accurate. The mechanics of the government is conditioned by usages or practices which ensure the smoothness of operations. Some of these usages affect the behaviour of principal organs of the state and thus have constitutional significance. These can be called “conventions of the constitution.” Dicey describes conventions as maxims or practices which, ‘though they regulate the ordinary conduct of the Crown, of Ministers, and of other persons under the constitution, are not in strictness laws at all’. According to Marshall and Moodie, conventions are ‘rules of constitutional behaviour’ which can be ‘considered binding by and upon those who operate the constitution’ but are not ‘enforced by the… courts’.
Although you can interpret these works of authorities to different situations, they is no information on how to deal with modern day situations (internet, electronics, etc) which leads them to being pointless in some cases. On the other hand, as you can refer to them, they set a perfect guide line in how to deal with different situations. Another key source of the constitution is Common Law. They are usually principles which have been developed and applied to the British courts when a law is unclear the judge will interpret the case to another one in the past. I reason why this source is effective is that it can be interpreted to fit into any situation in court and it sets a guide line for judges when dealing with different cases which would help things run more smoothly for the judges when in court.
Examine a number of ways in which the United Kingdom Constitution is: (a) similar and (b) different to other constitutions. Constitutions are concerned with the role and powers of institutions of the state and the relationship between the citizen and the state. A constitution serves to define the power of government and act as a guardian of fundamental rights. The premise of this essay is to compare the United Kingdom constitution with constitutions of the United States of America, Australia and France. There is no single document entitled the United Kingdom constitution; this leads some academics to call the constitution unwritten and some claim that the United Kingdom has no formal constitution at all.
A lot of magistrates go beyond the constitution and statutes words and use their own political and personal thoughts. Judicial Restraint is the complete opposite of Judicial Activism. The judges should not introduce or instill their own personal or political beliefs into the law. The power and decision of the judges on a verdict should be strictly follow the law and US Constitution. 2.
Identify the weaknesses of the Hobbesian and Lockean justifications for obedience, and explain them. Political obligation is the obligation to obey the law because it is the law. Philosophers have argued that free and equal people do not have an obligation to obey an authority unless they have consented to do so. Thus political obligation must be based on consent. The most obvious weakness of both the Hobbesian and Lockean justifications for obedience is that we have never explicitly consented to be ruled by a state and obey its laws.
Famously quoted by Lord Scarman in Duport Steels Ltd v Sirs (1980) : “Parliament makes and unmakes the law, the judges duty is to interpret and to apply the law, not to change it to meet the judge’s idea of that justice requires.” Earlier examples of the application of the literal rule is the case of Whiteley v Chappell (1868) and also R v Harris (1836) where the court strictly follows the literal rule throughout the case proceedings. Advantages of the literal rule includes that it encourages precision in drafting, brings certainty and also to withhold the parliamentary sovereignty. However this rule might inevitably lead to absurdity in more than one
This led to disputes amongst the states that could not be readily settled, as it relied on each state’s court system which invariably chose to discount the ruling of the other states. The Constitution, under article III section I, allowed for a central court system, including one Supreme Court and a system of lower courts. This would alleviate the dissention in the AoC court system and allow for cases to be heard and decided based on a central system of
What are the strengths and weaknesses of the UK constitution? The UK constitution is a set of rules relating to how the state is to be run and organised. These rules, which in the case of the UK constitution can be either written or unwritten due to the uncodified nature of the constitution, define the functions and powers of major institutions of government, the relationships between said institutions, and the relationship between the individual and the state (through individual rights). The primary function of a constitution is to provide legitimacy to those in power; however it also defines the limits of government power, protects freedom and distributes power within the political system. The UK constitution is somewhat unique in that it is one of only three states to have an uncodified constitution (the others being New Zealand and Israel).
Elective dictatorship is a big issue when discussing uncodified constitutions. As there are no laws discussing the separation of the executive, legislature and judiciary powers in UK, an example of this was the Lord of Chancellors who sat within all three of the powers. America’s written constitution states there needs to be a separation of powers, meaning Obama the President has control over the sword however no control over the purse. This stops elitism and kleptocracy, whereas the UK doesn’t have any laws against this. However on the other hand a separation of powers undermines the idea of political sovereignty, because even though they have gain legitimate power, they are not able to run the country as they wish in terms of financial and economic policies.
The main characteristics of the British Constitution are as follows: • It is based on the idea of the United Kingdom as a unitary state, in that the United Kingdom is governed as one entity, where sovereignty lies with the central government of Westminster. Any duties and decisions exercised by representatives at a subnational level is determined by the extent of powers Westminster chooses to delegate. This is in comparison to the nature of a federal state, where the central government shares joint sovereignty with the representatives of the member states. • The British Constitution in general is uncodified ie not organised in a single codex or document. Instead, it is mostly unwritten, and usually scattered amongst many different sources.