...Parliamentary Sovereignty is the notion that Parliament is the highest power in the land and therefore supreme to even the Royal Prerogative. A.V. Dicey, a jurist professor explained it as: ‘The principle of Parliamentary Sovereignty means neither more nor less than this, namely, that Parliament thus defined has, under the English constitution, the right to make or unmake any law whatever, and further, that no person or body is recognised by the law of England as having a right to override or set aside the legislation of Parliament.’ Legislative supremacy involves not only the right to change the law but also that no one else should have that right, however, Parliament has, on occasion fettered itself in order to limit its own powers, for example, devolution to Scottish Parliament and Welsh...
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...FOUNDATIONS OF LAW 2010 Combined Law Essay Critically analyse the Australian Government’s proposed reforms for protecting and promoting human rights for the more vulnerable groups in Australia. A bill of rights alone will not protect the rights of the people. But nor will a majoritarian democracy. Contemporary democracy stands for more than just the primitive notion of according full power to the popular majorities of Parliament by the vote. It requires the recognition of Parliamentary sovereignty, and furthermore it calls for the preservation of the principles of rule of law, judicial independence and more importantly the rights of all individuals. Although the Government’s recently launched National Human Rights Framework promises a selection of human rights protection mechanisms, in light of its failure to provide a bill of rights that many Australians want, it is an inadequate attempt at promoting and protecting the more vulnerable groups. Even though the Framework claims that it reserves the function of statutory interpretation for the courts, in reality it empowers the Parliament with the capacity to “guide”[1] the courts into enacting legislation. The Government’s downplay of judicial influence cannot be ignored and this points to a discussion of whether Australia needs a bill of rights. The role of the courts also need to be evaluated with respect to the other branches of government, the legislature and the Executive, in an effort to attain a healthy balance between...
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...19th October 2013 726 words Discuss whether, in the 21st century, the codification of conventions and prerogative powers would make the British constitution more effective. Conventions and royal prerogative powers are fundamental elements within the British constitution; promoting the flexibility the constitution is renowned for. I believe that the codification of these elements would be detrimental to the effectiveness of our constitution as it would remove its flexibility and interfere with parliamentary sovereignty. Jennings described conventions as “the flesh which clothes the dry bones of the law…they keep in touch with the growth of ideas[1]” which supports the idea that conventions exist to complement the law, not to compete with it. The fear with codification of conventions is that their new found rigidity would interfere with parliamentary sovereignty. For example, the checks which have to be completed before the American constitution can be amended have resulted in only 26 changes being made since 1787. In contrast, the uncodified nature of the British constitution allows parliament to change or repeal any law they wish. This has been demonstrated in the case of Madzimbamuto v Lardner-Burke[2], where the British Government was able to introduce the South Rhodesia Act 1965, even though there was a convention that they should let the government of Rhodesia legislate themselves. A consequence of codifying conventions and prerogative powers could be removing this...
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...‘The UK would benefit greatly from the introduction of a fully codified constitution’ Discuss Plan Arguments against * Ruins the doctrine of sovereignty-Parliament sovereignty is effectively beaten. * Judges have to police the constitution and effectively interpreted. – Threat of judicial tyranny. Codified constitutions cannot be interpreted by the public so the judges would have to interpret it which could bring out preferences and values of senior judges * Un-necessary- doesn’t Philly limit governments * Hard to change * Easily outdated * Legal documents created at one point of time rather than a document which has been endorsed by history and created over time Arguments for * Clear rules * One codified document * Limited government * Neutral interpretation * Protecting rights of individual liberty * Education value – highlight certain values and strengthen citizenship Introduction The argument of a codified constitution has been a debated subject for a long time within the UK political spectrum. The argument stands at present moment that if the UK should or should not implement a codified constitution. Both sides of the argument withstand staggering evidence both in favour and factors denouncing the idea being drawn at the same time. The fact of a codified constitution would invoke a greater judicial intervention within the UK – maybe even put the state under risk of judicial tyranny. On codified constitution we...
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...In this essay, I will argue in agreement and disagreement with the statement. I partially agree with the statement, but not extensively because I will argue that English judges aren’t the solitary problem for the slow development of the law in relation to assisted suicide cases like Nicklinson, Bland, Pretty, Purdy, and Conway. The essay will be constructed of relevant domestic legislation, parliamentary involvement in the law and supranational authority over the Courts. Throughout the essay, I will include relevant judge’s judgments and academic commentary to provide interesting perspectives on why I am agreeing or disagreeing with the statement. Agreeing with the statement In agreement to the statement, English judges are too willing to impose artificial limits on their own power to change the law...
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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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...How powerful is the UK Parliament? The Westminster Parliament is the UK’s highest political institution, making decisions on issues important to citizens throughout Britain. The Houses of Commons and Lords are responsible for passing legislation, scrutinising the government and debating issues. Retaining a high level of sovereignty despite devolution, seating dominating majority governments and possessing unprecedented constitutional flexibility, the UK Parliament wields a great deal of power. Political scientist Arend (Lijphart, 1999) first branded democracies as ‘consensual’ or ‘majoritarian.’ The UK parliament is said to be majoritarian, with a strong governing party and Cabinet, a lesser presence of small parties, minimal decentralisation,...
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...Government & Politics Essay The UK needs a codified constitution: A constitution is a set of laws, rules and practices that authorize the state to govern, also specifying the powers of the governing institution and the formal relationships between them, civilian and the state. There are numerous types of constitution. Constitutions could be codified and uncodified, unitary (Centralized government makes legislation, and passes it down through local authorities) or federal (Power travels up through regional bodies to the centralized state.) The United Kingdom is unique in other words there are just 4 nations around the globe that have a written constitution and the UK is one of them. The others being Israel, Canada and New Zealand. On the other hand the USA is an example of a codified constitution. A codified constitution is a constitution in which key written documents are gathered inside a single document, it is generally known as a written constitution. Additionally they are entrenched, enjoying the protection of higher court. Moreover in a codified constitution laws can only be amended by special provisions. Therefore making it rigid, in other words it is extremely difficult to pass laws in a codified constitution. Alongside this, an uncodifed constitution relies on various sources meaning it is not written down in a single document, this is in contrast to a codified constitution where all the laws are to be found in one single document. In addition an uncodified...
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...To What Extent Have Constitutional Reforms Since 1997 Reduced the Powers of the UK Government? (40 Marks) The UK government has a lot of power and is able to make and abolish laws. Human Rights Act 1998, Freedom of Information Act 2000 and devolution are examples of constitutional reforms that have in some ways decreased the power of the UK government. Devolution is where the supreme power (in this case Westminster) distributes some power to other regions. For example; the UK government decided to give devolved power to Scotland to form the Scottish Parliament, Northern Ireland to form The Northern Ireland Assembly and to Wales to form the Welsh Assembly. Scotland has statistically more devolved power than Wales or Northern Ireland as Scotland is able to decide the amount of tax that it demands off its citizens. Scotland is able to raise or lower the tax rate in Scotland by 3% which decreases UK government power over Scotland. On the contrary, the UK government does not have its power reduced. The UK government has the power to take away the devolved power that it has given to these regions. This has been previously conducted in the past with Northern Ireland in 1972 when Northern Ireland was stripped of its devolved power due to constant violence and lack of control that the Northern Ireland Assembly had over its people. Within the early years of Northern Irelands devotional power there was riots and verbal fights between politicians from unionist parties and nationalist/republican...
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...GOVERNMENT AND POLITICS AS LEVEL UNIT TWO GOVERNING THE UK “Never, never, never give up” Winston S Churchill 1874-1965 1 GOVERNING THE UK 50% of AS [25% of A2] UNIT TWO SAMPLE QUESTION Answer one question from Section A and one question from Section B in 80 minutes. Spend 40 minutes on Section A and 40 minutes on Section B SECTION A QUESTION ONE PRIME MINISTERIAL POWER “For too long the big political decisions in this country have been made in the wrong place. They are not made around the Cabinet table where they should be, but they are taken on the sofa in Tony Blair’s office. No notes are kept and no one takes the blame when things go wrong. That arrogant style of government must come to an end. I will restore the proper process of government. I want to be Prime Minister of this country not a President (Source: David Cameron, The Times, 5th October 2006) “The Cabinet is the committee at the centre of the British political system. Every Thursday during Parliament, Secretaries of State from all departments as well as other ministers meet in the Cabinet Room in Downing Street to discuss the big issues of the day. The Prime Minister chairs the meeting, selects its members and also recommends their appointment as ministers to the monarch. The present Cabinet has 23 members (21 MPs and two peers). The secretary of the Cabinet is responsible for preparing records of its discussions and decisions”. (Source: From a modern textbook) (a) What...
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...Analysis: Essays from "Leaders and Men of the Easter Rising" Leaders and Men of the Easter Rising is a compilation of essays that were originally part of the Thomas Davis lecture series broadcasted on Radio Telefis Eirann (Irish Public Radio) in 1965. The lectures have been edited for print by F.X. Martin, who also produced the original radio series. In the editor’s words, “The contributions are intended to cover as many aspects as possible of the events of Easter Week, 1916.” Martin considers his compilation “…the first attempt at a cool appraisal of the Easter Rising in the context of the Ireland of its time.” The essays are organized loosely by topic. The first few chapters review Ireland’s governmental structure of the time, how its current leaders came to be, and how their predecessors had ruled Ireland. It goes on to the members of parliament and their history, and then the remainder of the book details the movements of the men and their followers who started Ireland on the path to independence from England The essays do cover many aspects of the events leading up to the rebellion, so in that way the book accomplishes what it sets out to. However, the lectures do not convert well to print, and tend to be repetitive, making the timeline somewhat confusing. Also, since the lectures are meant for an Irish audience, some details are left unexplained. For example, the editor assumes I know what Radio Telefis Eirann is . . . I have to guess that it’s Irish Public Radio...
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...Question-01: The Constitution declares that the sovereignty lies with the people and constitution is the embodiment and solemn expression of the will of the people? 1.0 Introduction: Do we have a right to hold opinions that differ from others? Can we write and publish what we think? Can we protest to your government if we disapprove of its policies? Can the government search and seize our property? Can we be arrested and held without trial? Can the government treat us differently than it treats other people? Every country is based on some kind of law. Some of those are arbitrary powers, however over the years the only rule that seems to dictate the terms is the rule of law. As a citizen, we must know our constitutional rights in order to assert them. One of the basic principles of the any constitution is the rule of law.Actually sustainable development and good governance mostly depends on the proper application of rule of law. Laws are made for the welfare of the people, to bring a balance in society, a harmony between the conflicting forces in society. One of the prime objects of making constitution is to maintain law and order in society, a peaceful environment for the progress of the people. 2.0 Sovereignty of the people: Today, most modern states have followed written and fixed constitutions. A constitution presupposes the universe of a constituent power, as distinguished from other constituted powers, created by the constitution itself. Constitution is the highest...
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...Should referendums be more widely used in the UK? Referendums are a type of direct democracy used in Britain that involve the public directly voting on a single issue in order to make a political decision. This essay will argue that referendums shouldn’t be more widely used in the UK. Many may argue that referendums should be more widely used in the UK because they are a pure form of direct democracy originating from Ancient Greece; they allow the people to rule and make decisions for themselves. A recent example of this is the 2014 referendum on Scottish independence, which allowed Scotland’s people to choose whether they wanted to remain part of the UK. However, according to the British constitution and the doctrine of parliamentary sovereignty, referendums cannot be binding. So, in theory, if the result of this referendum had been “yes”, David Cameron has the authority to go against it— no matter how unlikely Cameron actually doing this is. Even if the people vote with an overwhelming majority on an issue, parliament always has the authority to overrule the referendum’s result thus making them much l ess useful a tool in democracy and wider use of them much less advisable. Others might insist that higher usage of referendums would improve political participation in Britain, as is the case in California, where citizen- initiated referendums (or “propositions” as there are known in the US) are held regularly to help make political decisions...
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...Edexcel AS Politics Edexcel AS Politics ExamBuster 2009 Introduction to Unit 1- People and Politics Understanding the Examination and Exam Technique Choosing your questions In this unit you are presented with four questions. They are of equal value and each question covers one of the four sections of the specification. These are: Democracy and political participation Party policies and ideas Elections Pressure groups There is no significance to the order in which questions appear. Each question is divided into three sections (a), (b) and (c). When choosing which questions to do, the following principles are recommended: It is almost certain that you will be better off choosing your strongest question to do first. You should choose questions on the basis of how well you can answer the section (c) part. The (c) part carries 25 of the 40 marks available for the whole answer. Do not choose a question simply because you can do part (a) especially well. The (a) question is only worth 5 marks. It would be illogical to choose your strongest (a) part if you cannot do well on section (c). If you cannot decide between several (c) parts, i.e. you can do more than one equally well, make your choice on the basis of part (b) which carries 10 marks. But remember, it is the (c) parts that will determine most what your overall mark will be. So, when you first look at the exam paper, look at the (c) sections first. Assessment Objectives Each question is divided into three sections,...
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...NONE, ONE OR SEVERAL? PERSPECTIVES ON THE UK’S CONSTITUTION(S) DAVID FELDMAN* An inaugural lecture is the occasion when the University of Cambridge can look its gift horse in the mouth, weighing the new professor in the balance against his or her distinguished predecessors. The Rouse Ball Professorship of English Law has been held in the past by a long series of distinguished scholars, from Sir Percy Winfield to my immediate predecessor, Sir Jack Beatson whom we are delighted to welcome back today. Their work has influenced generations of lawyers. They certainly influenced me. Before I encountered Criminal Law: The General Part,1 a great little volume by Professor Glanville Williams, Learning the Law, was my ‘Guide, Philosopher and Friend’ (as it still says on the cover of the latest edition, now edited by my colleague Professor Tony Smith)2 as I approached the study of law. Another Rouse Ball Professor, the late Sir William Wade, had a formative effect on my understanding of land law and administrative law both through his famous books, Megarry and Wade on the Law of Real Property (now edited by a former Fellow of Downing College, Dr. Charles Harpum)3 and Administrative Law (now in the hands of my colleague Dr. Christopher Forsyth),4 not to mention the lectures that I attended as an undergraduate in (softly be it said) the University of Oxford. Two wonderfully stimulating and enjoyable books by the Emeritus Rouse Ball Professor and * Rouse Ball Professor of English Law in...
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