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"'The British Constitution, contrary to popular description, is not 'unwritten'- a good part of it is written- but it is uncodified.' (House of Lords Select Committee on the Constitution, 2002) Discuss."
... "unwritten" is far too general to describe the nature of the British Constitution, however, "uncodified" is a better classification.
In agreement with the statement made by the House of Lords Select Committee on the Constitution, the British Constitution has a great ...
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"The essence of the British Constitution lies not in its laws but in its Conventions" Discuss.
... of government within a state. It establishes the bodies and institutions which form part of that system, it provides for the powers which they are to exercise, it determines how they are to interact and co-exist with one another and ...
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"The proposal for an EU constitution has both advantages and disadvantages - However, any moves towards the creation of a "federalist superstate" should be strenuously opposed."
... with its goals of bringing together institutions to its citizens with better democratic scrutiny, expanding the amount of Member States included in the Union, achieving greater transparency and simplification of the treaties ( www.europarl.org.uk). These all being the beginning aims ...
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"The Royal Prerogative remains a significant source of constitutional law which is largely immune from scrutiny by the courts."
... and out of the ordinary course of the common law, in right of his regal dignity. And hence it follows, that it must be in its nature singular and eccentrical ; that it can only be applied to those rights ...
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"The Royal Prerogative remains a significant source of constitutional law which is largely immune from scrutiny by the courts." - agree or disagree?
... and out of the ordinary course of the common law, in right of his regal dignity. And hence it follows, that it must be in its nature singular and eccentrical ; that it can only be applied to those rights ...
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"Without conventions, the constitution of the United Kingdomwould be unworkable". Discuss.
... constitutional convention; using Jennings' test three questions must be asked- firstly, "What are the precedents?" , secondly, "Did the actors in the precedents believe that they were bound by a rule?" , and thirdly, "Is there a reason for the ...
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"Would replacing the House of Lords with an elected chamber create more problems than it would solve?"
... House of Lords curbed somewhat. In 1999, the present Labour government began their much-heralded reform of the House of Lords with the removal of the rights of hereditary peers to an automatic seat in parliament, an aspect of the Lords ...
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Despite their many apparent differences, the UK and US constitutions are fundamentally similar. Discuss.
... customs be found in law. As such, it is unclear what exactly does comprise the UK constitution. It is much vaguer therefore than that of the US.
Despite this, however, there is an underlying similarity between the constitutions in terms of ...
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It cannot be too strongly emphasised that the British Constitution, though largely unwritten, is firmly based on the separation of powers - Consider the extent to which this view is accurate.
... of law making.
- The Executive - This is the Government. The function of the government is to run the country in the interest of the general public. The Prime Minister, the civil services, the police and other ministers make up ...
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"The differences between the
UK and US constitutions are overstated since both constitutions cr
... changing the constitution is responsible for a difference in political system. In my conclusion I shall assess whether my investigation is corresponding to the statement.
Friedrich (1937) believed a constitution should be 'a system of effective regularised restraints on government action, ...
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A Constitution
... Peoples Acts lay down the law, relating to who has and who does not have the right to vote. The controversial Police Powers Bill which passed into law, immediately before the 1997 General Election enlarged the powers of the police ...
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A Constitutional Commission is considering how Constitutional conventions might be incorporated into the new draft of a new constitution of the United Kingdom. What options face the commission on what to recommend about conventions, and which course of ac
... or of other officials." On the face of it then, constitutional conventions seem a vital part in governing the government. Rules to regulate the regulators. On closer inspection however, we see that they are (i) not written down, (ii) not ...
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A federal state
... on promoting the importance of social issues and the completion of a single 'internal marketi'. The SEA was given nearly three hundred directives for ways in which to complete this proposed move towards economic unity. The creation of a single ...
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A new Constitution of the United Kingdom - What options face the Commission on what to recommend about convention, and which course of action would be preferable?
... not be taken into action in courts. They are non-legal rules. One example of this is the power of the monarch. The Queen has the power to choose her Prime Minister and she has power to suspend government. Royal assent ...
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A UK Bill of right's?
... Scotland and Wales have led to calls for an extensive review of Britain´s constitution. Many are calling for it to be reviewed with an eye to implementing a clearer, written example along the lines of America´s Bill of Rights.
Therefore, ...
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A written constitution in Britain?
... limits of power. Recently, the Government has been accused of decreasing its accountability through various agencies and quangos by allowing them to carry out Government policies without the agency directors being held accountable for their mistakes; a written constitution could ...
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Amendments to the Irish Constitution.
... common citizenship of Ireland with Great Britain and her adherence to and membership of the group of nations forming the British Commonwealth of Nations", in other words only in relation to his role as part of the Treaty settlement.
But this ...
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Arguments For and Against a Codified Constitution
... a codified constitution.
Some would argue that this means Parliament is unrestrained-Parliament can make any law it chooses and unmake any law it chooses. Parliament's heavy workload means laws that are not properly thought out are passed and there is ...
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Arguments for and against codifying the UK constitution
... were turned into laws, leading to a rise in concerns over the incapability of parliament in limiting the powers of the executive and acting as a check on its powers. It can be argued that the main reason is fusion ...
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Assess the constitutional impact of the decision of the House of Lords in the GCHQ case (Council of Civil Service Unions v Minister for the Civil Service (1985))
... Lords that royal prerogative was in fact subject to judicial review, for reasons which I shall outline later. The minister's decision-making process was also deemed as unfair, mainly because of the lack of consultation with the staff, but overall the ...
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Australia's need to change its constitution.
... Dawson continued on to say, "The continuing legal authority of our constitution derives from its original enactment at Westminster and subsequent retention by those empowered to amend it, which includes the Australian electors. But the latter derived their legal authority ...
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Barnett (Constitutional and administrative law 4th).
... whatsoever and those laws cannot be overridden by any person or body. Dicey defined Parliament as the 'Queen in Parliament', the sovereignty meaning all three institutions i.e. The Queen , the House of Commons, and the House of Lords.
Three basic ...
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Before the issue of democracy within the EC can be considered, it needs to be defined. Democracy is, ‘a form of government in which the people have a voice in the exercise of power
... a Constitution the following gives some insight into the function it should perform:
'the rules and practices that determine the composition and function of the organs of government in a state and regulate the relationship between the individual and the state'3
This ...
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Compare and contrast written and unwritten constitutions. Which type of constitution do you favour?
... States of America is one of the countries that has a written constitution. This document is authoritative in the sense that it constitutes a 'higher' law, the highest of the land. It binds all political institutions in the country, including ...
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Consider the Arguments For and Against Having a Written Constitution.
... of America a case Marbury v. Madison [1858] highlighted a situation where the government at the time passed a legislation which was contrary to the constitution. In this case the legislation was over-ruled by the courts as this was a ...