Uk constitution essay

But first, what is or what does a constitution? A constitution defines the rules and the principles on which a society is based.

Uk constitution essay

Parliamentary sovereignty means judges cannot invalidate legislation. In the 19th century, A. Diceya highly influential constitutional scholar and lawyer, wrote of the twin pillars of the British constitution in his classic work Introduction to the Study of the Law of the Constitution These pillars are Uk constitution essay principle of Parliamentary sovereignty and the rule of law.

Parliamentary sovereignty means that Parliament is the supreme law-making body: There has been some academic and legal debate as to whether the Acts of Union place limits on parliamentary supremacy.

Historically, "No Act of Parliament can be unconstitutional, for the law of the land knows not the word or the idea. For example, Parliament has the power to determine the length of its term. By the Parliament Acts andthe maximum length of a term of parliament is five years but this may be extended with the consent of both Houses.

Uk constitution essay

This power was most recently used during World War II to extend the lifetime of the parliament in annual increments up to Parliament also has the power to change the make-up of its constituent houses and the relation between them. Examples include the House of Lords Act which changed the membership of the House of Lords, the Parliament Acts and which altered the relationship between the House of Commons and the House of Lords, and the Reform Act which made changes to the system used to elect members of the House of Commons.

The power extended to Parliament includes the power to determine the line of succession to the British throne. This power was used to pass His Majesty's Declaration of Abdication Actwhich gave constitutional effect to the abdication of Edward VIII and removed any of his putative descendants from the succession; and most recently to pass the Succession to the Crown Actwhich changed the succession to the throne to absolute primogeniture not dependent on gender and also removed the disqualification of marrying a Roman Catholic.

Parliament also has the power to remove or regulate the executive powers of the Monarch.

Uk constitution essay

In recent times the House of Commons has consisted of more than members elected by the people from single-member constituencies under a first past the post system.

Following the passage of the House of Lords Actthe House of Lords consists of 26 bishops of the Church of England Lords Spiritual92 representatives of the hereditary peers and several hundred life peers. The power to nominate bishops of the Church of England and to create hereditary and life peers is exercised by the Monarch, on the advice of the prime minister.

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By the Parliament Acts and legislation may, in certain circumstances, be passed without the approval of the House of Lords. Although all legislation must receive the approval of the Monarch Royal Assentno monarch has withheld such assent since Such a motion does not require passage by the Lords or Royal Assent.

The House of Lords has been described as a "revising chamber". By the Constitutional Reform Act it has the power to remove individual judges from office for misconduct. Additionally, Dicey has observed that the constitution of Belgium as it stood at the time "comes very near to a written reproduction of the English constitution.

These principles include equal application of the law: Another is that no person is punishable in body or goods without a breach of the law: Unity and devolution[ edit ] Main articles: England, WalesScotland and Northern Ireland.

Parliament contains no chamber comparable to the United States Senate which has equal representation from each state of the USAthe Brazilian Senate, which has three senators from each state, or the German Bundesrat whose membership is selected by the governments of the States of Germany.

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Scotland, Wales and Northern Ireland have devolved legislatures and executives, while England does not. The authority of these devolved legislatures is dependent on Acts of Parliament and, although it is politically very unlikely, they can in principle be abolished at the will of the Parliament of the United Kingdom.

In England the established church is the Church of England. In Scotland, Wales and Northern Ireland, there is no state church; in Wales and Northern Ireland their respective state churches were disestablished that is, they were not disbanded but had their "established" status abolished by the Welsh Church Act and the Irish Church Act In Scotland, its national church had long held its independence from the state, which was confirmed by the Church of Scotland Act England and Wales share the same legal system, while Scotland and Northern Ireland each have their own distinct systems.

These distinctions arose prior to and were retained after the unions according to the terms of the Treaty of Unionratified by the Acts of Unionand the Acts of Union The Scottish Parliament in Edinburgh is an institution created by recent devolution in the United Kingdom.

Reforms since have decentralised the UK by setting up a devolved Scottish Parliament and assemblies in Wales and Northern Ireland. The UK was formed as a unitary statethough Scotland and England retained separate legal systems.

Some commentators [33] have stated the UK is now a "quasi- federal " state: Attempts to extend devolution to the various regions of England have stalled, and the fact that Parliament functions both as a British and as an English legislature has created some dissatisfaction the so-called " West Lothian question ".1.

The UK constitution is described as an unwritten one. Explain with reference to the legal sources of the UK constitution and appropriate examples, why it is called unwritten, and consider whether the distinction between a written and unwritten constitution is legally significant.

This essay has been submitted by a law student. This is not an example of the work written by our professional essay writers.

discuss the uk constitution. The UK is an example of an uncodified constitution whereas the USA is an example of codified constitution. This essay will show that UK should not adopt a codified constitution. A codified constitution is a constitution in which key constitutional provisions are collected within a single document.

This essay is going to explore and investigate the arguments both, for and against the adoption of a written constitution within the United Kingdom.

First it is necessary to define what a constitution is and what the UK's constitution consists of.3/5. This essay has argued that the UK should not adopt a codified constitution because in modern times and scenarios e.g.

terrorism, it is better to have a flexible way of changing laws rather than a rigid system. However, a number of texts are considered to be constitutional, such that the "constitution of the United Kingdom" or "British constitution" may refer to a number of historical and momentous laws and principles that make up the country's body politic.

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