...The British constitution has become increasingly codified, discuss. A constitution is a set of rules that defines the manner a country is run. The British constitution is said to be an unwritten constitution, more accurately it is uncodified as much more of the British constitution is written down, however, they are not all written down in a single document like a codified constitution would require as how the US is, however draws from several different sources such as; statutes laws, common law, conventions, EU laws, authoritative documents etc. Statute law, is a written law passed down by parliament for example the human rights act of 1998 which brought the European convention on human rights into British law, conventions is another source of the British constitution, they are unwritten laws considered binding on members of the political community for example the Salisbury convention which made sure that the house of lords does not obstruct proposals contained in the governments most recent manifesto. Has the British constitution become increasingly codified? Its not the case that the British constitution is being written in a single document but in fact that more of the constitution is being written down as there is increasingly more written statutes that have great constitutional impacts as they are passed by parliament making them more rigid therefore harder to change as parliament has ultimate sovereignty, however you could say the EU laws are exempt from this,...
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...A constitution is a set of rules which may be written or unwritten, establishes the distribution of power in a political system, the limits of government jurisdiction, the rights of citizens and the method of amending the constitution itself. An uncodified constitution is unwritten, or at least not written all in one document. The constitution in the UK is found in a variety of sources, which are mainly statute and common law, conventions and traditions, European law etc. The British constitution itself is flexible as it allows the constitutions to evolve and generally adapt to the changing society. Compared to the US whose constitution is described as ‘rigid’; through the struggle of being able to amend constitutions; for example, the ‘right to bear arms’ amendment, which basically gives registered citizens the right to keep and bear arms. The topic of amending this constitution is very controversial, however due to the constitution being codified the process is very difficult, as is it entrenched and has been a part of the US culture for centuries. In this essay, I will be analysing the strengths of the British constitution and comparing it to a codified constitution, Some of the arguments for retaining the uncodified system are that; codification produces ‘judicial tyranny’, uncodified constitutions are more flexible and lastly that an uncodified system has worked well in the UK for many years and broadly speaking not many people have protested against an uncodified system...
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...Government & Politics Unit 2 * Constitution * Codified Constitution ✓ * Advantages & Disadvantages * Features * Uncodified Constitution ✓ * Advantages & Disadvantages * Features * Is Parliament Sovereign? ✓ * Arguments For and Against * Strengths and Weaknesses of the UK’s constitution ✓ * Constitutional Reforms – Coalition and 1997-2010 ✓ * What are they? * Are they effective? * PM & Cabinet * Features & Functions of the PM ✓ * What must a politician be to becoming PM * What can a PM do? * Functions of Cabinet ✓ * Factors that affect promotion and resignation of a minister ✓ * Powers and Constraints of PM ✓ * Theories of Executive Power ✓ * PM V Cabinet ✓ * Parliament * Functions of Parliament ✓ * What are they? * How effective are they? * Powers of Parliament ✓ * What are they? * How effective are they? * Parliamentary Reform ✓ * What are they? * How effective are they? * Relationship between Parliament and Government ✓ * Factors that affect it * How the coalition affects it Constitution: 2 Types of Constitution * Codified & Uncodified Codified Constitution * Constitution where the rules are written down in a single document. Example could be the USA...
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...of constitutional law in advance of the necessity of deciding it.' *3. The Court will not 'formulate a rule of constitutional law broader than is required by the precise facts to which it is to be applied.' *4. The Court will not pass upon a constitutional question although properly presented by the record, if there is also present some other ground upon which the case may be disposed of. This rule has found most varied application. Thus, if a case can be decided on either of two grounds, one involving a constitutional question, the other a question of statutory construction or general law, the Court will decide only the latter. Appeals from the highest court of a state challenging its decision of a question under the Federal Constitution are frequently dismissed because the judgment can be sustained on an independent state ground. 5. The Court will not pass upon the validity of a statute upon complaint of one who fails to show that he is injured by its...
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...Abstract Having fixed-term Parliaments in the United Kingdom is something that has been debated across the political spectrum for some years and, with the enactment of the Fixed-Term Parliaments Act 2011, is no longer something which is merely debated, but a political and constitutional reality. The Act came into force with little consultation, research, or advice to or by the Government; it was exceptionally hurried legislation. This means that there is little written on the wider constitutional effects of the Act, and it is exactly that which this essay will try to examine. To analyse the Act’s significance I have looked at the position prior to the Act and what the Act changed, before moving on to examining and critically assessing the plethora of arguments that both sides put forward. A fuller copy of this paper is available upon request. 1 The Position Before the Act and how the Act has Changed it: The changing of election timing in the United Kingdom is something that is not often tampered with. The Meeting of Parliament Act 1694 provided that a general election for Parliament must be held (at most) every three years. The Septennial Act 1715 changed this to a maximum of seven years. Finally the Parliament Act 1911 amended this to provide for a five-year maximum term before a general election must be called. Before the Fixed-Term Parliaments Act 2011 the power to dissolve Parliament was retained by the Crown, under the royal prerogative. The royal...
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...of Britain’s ‘un-codified’ Constitution Britain are one of the few countries in the world that still posses and un-codified constitution, other states that posses un-codified constitutions are New Zealand and Israel. A constitution is a set of rules which guidelines what the people of the nation and the government have the rights to do, these rules or guidelines are normally printed in one sovereign place. An un-codified constitution differs from this as is not one sovereign book or piece of writing that outlines the rules of the state. This short answer will assess the strengths and weakness of Britain having an un-codified constitution. The first strength to consider is the fact that our un-codified constitution is more flexible then a codified constitution. Many nations find it difficult to pass legislation because the constitution holds the government accountable and protects the individuals. Example of this could be after terrorist attacks Britain was able to quickly pass legislation detaining terror suspects for longer period of time, where as other nations constitutions protected the individuals liberties and prevented their governments from detaining suspects for long periods of time. From the first argument we can see that flexibility is a strength of an un-codified constitution, however it can also be a weakness. Without the codified constitution there is no checks on the government other then the opposition, a codified constitution creates a just political system...
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...1/29/09 Hist 104 I. Rights of Man A. Come from nature 1. Liberty 2. Resistance to oppression 3. Property 4. Security B. Source of all sovereignty is expressed in the “Nation” II. Liberal Revolution 1789 Bestille A. Liberalism: Rights of the individual (basic social unit) 1. Economic belief in free trade 2. Political components basic human rights B. Heavily done by 3rd estate economist C. Changed Administrative Structure of France 1. 83 estates 2. Important a. Had a rational system of administration b. Changes superiority of nobles (lost their titles) c. Changed structure of church (become property of state) & Clergy must take oath to constitution D. Constitutional Law 1. King of France is by the grace of god and the employment of state 2. Divided people into 3 categories a. Electors vote and hold office b. Active citizens (determined by wealth & property ownership) can vote 2/3 of adult males c. Passive citizens cant vote E. Liberation of Colonies 1791 1. Freed slaves 2. Gave Jews citizenship F. Fall of monarchy 1. His loyalty to the revolution was superficial 2. He left France (went to England) 3. Legislative assembly suspends the king 4. Leads to Trial of King G. France goes to War w/ Europe 1792 1. Brought constitutional monarchy crashing down III. Radical Revolution after 1792 A. Jacobins: series of meeting places where...
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...Parliamentary sovereignty, once the dominant principle of the UK Constitution, is now under considerable pressure. Discuss this statement with reference to the UK’s membership of the EU, the devolution acts of 1998, the Human Rights Act 1998 and recent judicial comments on the Rule of Law. "Certainly we want to see Europe more united… but it must be in a way which preserves the different traditions, parliamentary powers, and sense of pride in one's own country." Margaret Thatcher Over the course of the years many prominent figures such as politicians and academic writers have been concerned with the diminishing of Parliamentary sovereignty. “Parliamentary sovereignty is a principle of the UK constitution. It makes Parliament the supreme legal authority in the UK, which can create or end any law. Generally, the courts cannot overrule its legislation and no Parliament can pass laws that future Parliaments cannot change. Parliamentary sovereignty is the most important part of the UK constitution.” Historically, due to the lack of a single codified constitution in the UK, the Westminster Parliament is the most powerful and influencing factor on the British political frontier. As opposed to America where the constitution dominates US politics, and legislation can be deemed unconstitutional and revoked by the US judiciary. However, since further integration into Europe incorporating The European Communities Act 1972, The Human Rights Act 1998, European Conventions on Human Rights...
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...ANSWER TO PART 1: A) The first lawsuit that Sebastian can bring against Poorich supermarket would be tort of negligence. The general principle of tort of negligence is, a person through his act or omission causes damage or injury to another person in situations where it was foreseeable. In the case of Sebastian, the manager of the Poorich supermarket owes Sebastian and his two sons a duty of care as a customer. The concept of duty of care generally known as the ‘neighbour’s principle’ is effectively established in the case of Donoghue v Stevenson. The legal principle of Donoghue v Stevenson is, in order for the plaintiff to sue in negligence he has to prove the four vital points which are, the defendant owes a duty of care to the plaintiff and the defendant did not take proper care which resulted in damage or injury to the plaintiff. Hence, in this case the manager of the supermarket breached his duty by negligently accusing Sebastian in front of a public for stealing and also labelling Sebastian as a cheat and liar without having any accurate evidence. Therefore, my recommendation would be that Sebastian may file a law suit against the Poorich supermarket for the negligence of the manager in handling the matter which is reasonably foreseeable that it caused Sebastian embarrassment and emotional distress. The second lawsuit that can be brought against the supermarket, would be trespass to a person. The three types of trespass to a person is battery, assault and false...
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...On what grounds have liberals defended constitutionalism? Liberals see constitutionalism as the practice of a limited government brought about by the existence of a constitution. The liberal support for constitutionalism is separated into two forms; external and internal constraints. This is important within liberalism because it allows the individual to be free from restrictions and stop the threat on individual liberty. External constraints limit powers of the government bodies and politicians, usually through legal checks. The most notable of which is a written constitution, this codifies what the government institutions can and cannot do. A written constitutional is written down in one single document, for example the US constitution. Within liberalism protecting the individual is most important aspect. Therefore liberals defends constitutionalism because an external constraint entrenches individual right by providing legal definition about the relationship between the state and the individuals themselves. The US constitution refers to this as the “bill of rights”. If there are no legal constraints, the government could act to benefit themselves at the expense of others. Internal constraints disperse the power among a number of institutions. This in turn creates a network of “checks and balances”. Montesquieu stated that “power should be a check to power”. Liberals defend constitutionalism because it stops the development of absolute authority or dictatorial power and...
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...Parliament Source Questions (6/10) Specification a) Describe three functions of Parliament b) With reference to the source, and your own knowledge, explain why government needs an effective Parliament c) Analyse the main factors that limit the effectiveness of Parliament Jan 2010 a) With reference to source, what changes to the second chamber are proposed? b) With reference to the source, and your own knowledge, explain the arguments for a fully or partly elected chamber c) Make out a case against an elected second chamber Jan 2011 a) With reference to the source, describe two functions of the House of Commons b) With reference to the source, and your own knowledge, explain how the House of Commons can control the power of government c) To what extent is the House of Commons effective in carrying out its various functions? May 2011 a) With reference to the source, describe three proposals that seek to strengthen parliamentary representation by increasing popular participation b) With reference to the source, and your own knowledge, explain how three of these proposals seek to make government more accountable to Parliament c) To what extent will the coalition government’s proposals bring about an effective reform of Parliament? Jan 2012 a) With reference to the source, why are legislative committees needed? b) With reference to the source, and your own knowledge, explain the ways in which backbench MPs can call government to account c) To what extent has the...
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...voiced his opposition to a change to Zabriski Pty Limited. James has also recently begun contacting other shareholders seeking their support in requesting that the directors pay a small dividend in the current year. He has little success with the shareholders but still puts his proposal to the directors. Snowzone’s directors and the majority of shareholders, several of whom are relatives (family) of the directors, are not in favour of the payment of a dividend and have indicated their intention to vote for a change of the hardware supplier. These majority shareholders consider James is a troublemaker. Accordingly the directors reject James’s request for the payment of a dividend and propose that Snowzone’s constitution be changed at the forthcoming extraordinary...
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...Has constitutional reform in the UK gone too far since 1997? Due to the uncodified nature of the UK constitution it is organic and the lack of higher law enables constitutional reforms to occur far quicker and with greater ease than seen in other countries, such as the USA. A constitutional reform is a political change in the constitution. There are varying bodies of opinion on the extent of constitutional reforms that are currently required within the UK. Constitutional changes have been mainly seen since 1997, under Blair and Brown, such as the establishment of a Scottish Parliament and Welsh Assembly in 1999, a constitutional reform some argue to be unnecessary while others argue should be extended and developed. A key issue that has divided constitutional opinions since 1997 is the idea of the unelected House of Lords, which some say undermine the legitimacy of democracy within the UK. The Salisbury convention already exists and ensures that the House of Lords does not obstruct proposals, which are previously contained in the elected government’s most recent manifesto, which is argues as an example of the removal of undemocratic sovereignty held previously by the Lords. However the fact that it is unwritten has been opposed to as the Lords is not fully controlled by the Government. To counteract the opposition other reforms have been introduce to reduce the powers of the House of Lords, such as the 1999 reform reducing hereditary peers to 92 from 600, and also the loss of...
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...What Should be the Goals of Government The Constitution has six main goals. Form a more perfect union, establish justice, ensure domestic tranquility, provide for the coomon defense, promote the general welfare. and secure the blessings of liberty. Simply the goals of government should be to protect the citizens by controling the army, protect our peace, and protect the citizens' right to own. The government must protect all of the citizens because if they did not then we would have to fend for ourselves. The government is the one who organize arm and discipline militia and raise and support the army and navy. If the government did not control the army and navy then the most likely people that would control it would be weapon manufacturers and who knows how that could go. With an army they could control the country and try to rule. Keeping control of the army would also keep us safe to. Controlling the army is part of keeping our peace but there is more to it then that. To keep us safe and to ensure our peace the government has made laws that protect us. Now the laws do not protect us them self but it gives everyone guidelines or rules that must be followed and when they are followed we will be safe. The government should also protect the things that we have and earned. If we can not keep what we have then the people will not like it because the will not have the stuff they earned which could disrupt our peace. The government has done a good job controlling teh country...
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...‘The UK constitution is no longer fit for purpose.’ Discuss The UK constitution gives too much power to the executive because of the fusion of powers which makes a parliamentary government; government is in control of parliament. The government of the day can simply pass, repeal or amend any laws; the proposals can also be constitutional changes. This could lead to the possibility of an elective dictatorship to take place, the government that has the majority and comes into power can make constitutional changes and pass any laws with the assistance of the party whip system it possible to make all MPs from the majority party to vote a certain way for example john major had expelled 8 anti-euro sceptic MPs to keep the conservative government united and to pass the laws. Although it can be argued that party whip system makes a decisive government, the MPs who are disciplined are forced to represent the party instead of their constituents. If there was to be a separation of powers it would ensure checks and balances and not give excessive power to government. Also a codified constitution will not allow the government of the day to easily repeal the current constitutional laws that are in place. The royal prerogative powers which was handed to the prime minister by the monarch is fundamentally undemocratic, it allows the government to declare war against anyone even if the public view differs. The public didn’t get to decide if the prime minister should have this power. It was...
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