...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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...counterparts adopts an uncodified constitution, such a constitution is derived from a number of sources and is favoured for its ability to evolve and mould to suit the pragmatic nature of British politics. In the US however a codified constitution is adopted which originates from a single written source, its clarity and rigidity prevents the formation of an elective dictatorship and is therefore preferred. The pragmatic capability of a flexible uncodified constitution allows government to act efficiently and decisively to implement changes in reaction to a major event in which its’ peoples’ lives are endangered. The immediate aftermath of 9/11 resulted in an alteration of the Human Rights Act by British government increasing the length of time a suspected terrorist could be detained without charge, which occurred with relative ease. The rigid nature of the US codified constitution hampered US government attempts to achieve similar constitutional changes due to the fact that it required two-thirds support by both Houses of Congress and three-quarters from each state legislature. Therefore Britain should not adopt a codified constitution as it would prevent the political system from responding adequately to new situations. The formation of an uncodified constitutions allows strong Governments’ to implement pledges made to the electorate made in its’ election manifesto without interference from other political institutions as long as such changes remain within the confinements...
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...recent years there has been much debate within Parliament over the possible codification of the British Constitution and it is always a topic that people often find very hard to agree on. Though some parts of what may be a codified constitution have been introduced, such as The Human Rights Act which established a codified set of rules and the introduction of devolution, Britain is currently uncodified and so this brings up the arguments of whether update the system or not The initial argument for the change is it was remove the transparency of rules and laws, the key constitutional are collected into a single document all clearly stated with great difficulty of alteration. This portrays exactly what the beliefs of Parliament are and restricts law breaking. Not only does this deter people from committing offences but also makes it simple to enforce as every charge wish be on the same wavelength. An argument to contradict this however would be that's not every crime committed is the same so the variation in the punishment given would also have to vary and with the defining of the law there is actually potential for it to become less democratic. Along with this as times are forever changing and technology is being updated, the demand for laws to be amended is crucial as without it people could technically exploit the system ‘legally’. Another bonus of a codified Constitution is the fact that it is authoritative meaning it is a higher-level and so it lines all political...
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...For other uses, see Constitution (disambiguation). A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed.[1] These rules together make up, i.e. constitute, what the entity is. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a written constitution; if they are written down in a single comprehensive document, it is said to embody a codified constitution. Constitutions concern different levels of organizations, from sovereign states to companies and unincorporated associations. A treaty which establishes an international organization is also its constitution, in that it would define how that organization is constituted. Within states, a constitution defines the principles upon which the state is based, the procedure in which laws are made and by whom. Some constitutions, especially codified constitutions, also act as limiters of state power, by establishing lines which a state's rulers cannot cross, such as fundamental rights. An example is the constitution of the United States of America. George Washington at Constitutional Convention of 1787 signing of the U.S. Constitution. The Constitution of India is the longest written constitution of any sovereign country in the world,[2] containing 444 articles in 22 parts,[3][4] 12 schedules and 118 amendments, with 117,369 words in its English-language translation,[5]...
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...Should the UK have a codified Constitution? (40 marks) A constitution is the fundamental and entrenched rules governing the conduct of an organization or nation state, and it establishes it concept, character and structure. It lays out how a nation is to be run and who runs it. It sets out how government is elected and the powers of the state. It usually is occupied by a Bill of Rights, which is a document that lays out the individual rights of the people of that nation. A constitution cannot be removed as it has been entrenched in the foundations of that country. It can only be altered but as it can be seen in America, this is extremely difficult to do. Within the UK, we currently do not have a codified/ written constitution but has unwritten constitution. This means that our constitution isn’t written down in a single document but is made up of several documents, Acts of Parliament, laws, judicial precedent and traditions. Furthermore, the UK doesn’t have a Bill of Rights but has its rights highlighted under the Human Rights Act 1998, which highlights all the individuals rights. Under the Labour government, there was massive constitutional reforms between the periods of 1997 and 2010 and brought about a greater codification of the British constitution. The Conservative and Liberal Democrat coalitions introduced further constitutional reforms. In this essay I will highlight the argument that the constitution shouldn’t be codified but also that why there are advantages...
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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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...Bogdanor and S Vogenauer; Enacting a British Constitution: some problems’, 2008. One must understand that most of the countries now have a written and a codified Constitution, such as the United States of the America, Malaysia, India, Australia and etc. As we know these countries are under the British colonies before getting their independence. Hence now there are only three states in the world which lacks a written constitution, namely Britain, New Zealand, and Israel. A constitution is a set of rules which defines the structures and functions of a state, particularly, will define the principle of institutions, the legislature, the executive, judiciary and the nature and the scope of their powers. Moreover, Bradley and Ewing have defined a constitution as ‘ a document having special legal sanctity which sets out the framework and the principle functions of the organs of government within the state and declares the principles by which those organs must operate’. (A Bradley and K Ewing, Constitutional and Administrative Law (14th edn, Pearson/Longman, 2007), p.4) [1]In the introduction of a state’s constitution, there will be a discovery of a preamble, for example, in the USA the preamble states that: ‘We the people...do ordain and establish this Constitution’. (Article 2 of the 1936 Soviet Constitution.)[2] This shows the society as a sovereign power. An important question that often rises is “Should Britain adopts a written constitution”? This has always been the topic of debate...
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...Bill of Rights 1689 From Wikipedia, the free encyclopedia Jump to: navigation, search Bill of Rights 1689 | Parliament of England | Long title | An Act Declaring the Rights and Liberties of the Subject and Settling the Succession of the Crown. | Chapter | 1 William & Mary Sess 2 c 2 | Status: Amended | Revised text of statute as amended | The Bill of Rights | The Bill of Rights (1688 or 1689) | Created | 1689 | Ratified | December 16, 1689 | Location | National Archives of the United Kingdom | Author(s) | Parliament of England | Purpose | Ensure certain freedoms and ensure a Protestant political supremacy. | The Bill of Rights[1] is an Act of the Parliament of England passed on 16 December 1689.[2] It was a restatement in statutory form of the Declaration of Right presented by the Convention Parliament to William and Mary in March 1689 (or 1688 by Old Style dating), inviting them to become joint sovereigns of England. It lays down limits on the powers of the crown and sets out the rights of Parliament and rules for freedom of speech in Parliament, the requirement for regular elections to Parliament and the right to petition the monarch without fear of retribution. It reestablished the liberty of Protestants to have arms for their defence within the rule of law, and condemned James II of England for "causing several good subjects being Protestants to be disarmed at the same time when papists were both armed and employed contrary to law". These...
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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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...1/19/2015 Westminster system - Wikipedia, the free encyclopedia Westminster system From Wikipedia, the free encyclopedia The Westminster system is a democratic parliamentary system of government modelled after the politics of the United Kingdom. This term comes from the Palace of Westminster, the seat of the Parliament of the United Kingdom. The system is a series of procedures for operating a legislature. It is used, or was once used, in the national legislatures and subnational legislatures of most Commonwealth and ex-Commonwealth nations upon being granted responsible government, beginning with the first of the Canadian provinces in 1848 and the six Australian colonies between 1855 and 1890. However some former colonies (e.g. Nigeria) have adopted the presidential system as their form of government. The Houses of Parliament are situated within the Palace of Westminster, in London. Contents 1 Characteristics 2 Operation 3 Role of the head of state 4 Cabinet government 5 Bicameral and unicameral parliaments 6 Criticisms 7 Ceremonies 8 Current countries 9 Former countries 10 See also 11 Notes 12 Bibliography 13 External links Characteristics A Westminster system of government may include some of the following features: a sovereign or head of state who functions as the nominal or legal and constitutional holder of executive power, and holds numerous reserve powers, but whose daily duties mainly consist of performing ceremonial functions...
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...Examiners’ report 2011 Examiners’ report 2011 265 0020 Public law – Zone A Introduction As in previous years, the quality of papers ranged from First Class to poor Fails. In this report the Examiners will discuss what constitutes a „good‟ answer and what does not. Extracts from candidates‟ examination scripts are included in relation to Questions 1 and 4, both of which were statistically popular with candidates. Please note that spelling errors and other linguistic problems have been left as they were on the examination script. General remarks As in previous years, irrespective of the actual questions on the examination paper, there are a number of common problems which detract from the quality of the answers given. The first relates to understanding and correctly interpreting the question. Although a number of the same topics will appear on the paper each year, candidates must appreciate that this does not mean that there is a standard answer which will be adequate for the particular question. It is extremely important that you take care in interpreting what the actual question is asking, and adapt your knowledge of the topic accordingly. The Examiners can spot a „rote-learned‟ preprepared answer and it is rarely adequate for more than a bare pass, if that. A related issue concerns relevance. One of the main purposes of the 15-minute reading time is to enable candidates to read and reflect on what the questions require, and a correct interpretation is crucial for success...
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...Jump to navigation Search Cornell Search About LII / Get the law / Lawyer Directory / Get Legal Forms / Legal Encyclopedia / Help Out • • Wex • all pages • articles • español • Inbox Project • search • FAQ Legal systems Introduction: profusion and variety There are hundreds of legal systems in the world. At the global level, international law is of great importance, whether created by the practice of sovereign states or by agreement among them in the form of treaties and other accords. Some transnational entities such as the European Union have created their own legal structures. At the national level there are over 180 sovereign states in the United Nations Organization. Many of these are federal or confederal, and their constituent parts may well have their own law. But, despite this great variety, it is important to begin by emphasizing one great division: that into religious and secular legal systems. Each side of this split holds quite different views as to law, in its source, scope, sanctions, and function. The source of religious law is the deity, legislating through the prophets. Secular law is made by human beings, and one of its most famous examples begins with the words 'We, the people'. It follows from this difference in their source that religious laws are perceived to be eternal and immutable, while secular rules can be changed by their makers. Religious law tells people what to believe as well as how to behave, whereas secular law deals...
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...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, as follows: carries 5 marks carries 10 marks carries 25 marks The way you answer questions should be determined by the way assessment objectives are distributed. Assessment objectives provide the basis upon which examiners award marks. You need to be familiar with them to maximise your marks. They will help direct your revision and with the answers to the questions. A full explanation of...
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...governed by a parliamentary system and its seat of government is in London. There are also three devolved powers outside of the capital, located in Belfast, Cardiff and Edinburgh (the three capital cities of Ireland, Wales and Scotland respectively). There are also a number of islands that are constitutionally tied to the United Kingdom constitution, but that are not part of the UK. They are the bailiwicks (headed by a bailiff, appointed by the crown to administer) of Jersey and Guernsey (to the south of the UK) and also the Isle of Man, which is off the north-east coast of the British mainland. However, it is true to say that the majority of British might even get confused as to the difference between the United Kingdom of Great Britain and the British Isles. In fact, it should be remembered that there is a difference between nationality and citizenship. A Scots and Welsh should correctly give the answer that they are of British citizenship. But, they should reply that they are either Scottish or Welsh regarding their nationality. The English all tend to give the same answer to the question (that they are British citizens and they have British...
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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 criticism...
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