For a majority of states in the world, a codified constitution lays down the rules that allocate and control governmental power (these shall hereinafter be referred to as the “Rules”) in a single document. The same cannot be said for the United Kingdom (UK), where such Rules are diverse in nature, sometimes uncertain in content...
The doctrine of parliamentary sovereignty within the United Kingdom constitution gives unlimited legal authority to Parliament (1). In describing this concept, Oxford law professor, A V Dicey said that Parliament has ‘the right to make or unmake any law whatever; and, further, that no person or body is recognised by the law of England as...
In the case of R (Miller) v Prime Minister; Cherry & Others v Advocate General for Scotland[footnoteRef:1], following the prorogation of Parliament – a process formally enacted by the monarch by the recommendation of the Prime Minister[footnoteRef:2], once a Crown prerogative power presently governed by the Fixed-term Parliament act 2011[footnoteRef:3] – the appellants’ Ms. Miller...
1. Is the Written Constitution within the Irish legal system becoming closer to taking its last breath? Although the Written Constitution within the Irish legal system has traditionally in the past served the Irish people a satisfactory standard of living and democracy. It is true that the written Constitution within the Irish system is a...
Democracy is shared by many nations around the world, the UK being one of them making it a democratic society, this gives citizens the right to have a voice within their country regarding political matters e.g. voting for election, this is done by first past the post which entails all people eligible to vote and...
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The UK is a democratic Country, this entails the way in which society is governed by the government, giving the people a chance to contribute to the running of the country, a key example of this is the First past the post system, this enables all people eligible to vote to cast their say in...
The essay question recalls the debate on parliamentary supremacy. The supremacy of the parliament is the fundamental constitutional principle upon which the United Kingdom constitution is based. It makes the parliament a supreme legal authority in the United Kingdom. The doctrine dates back to the 17th Century when there was a long lasting struggle between...
Separation of power concept historically goes back to the times of Aristotle who in his written work mentioned that each and every constitution contains three basic elements including deliberative, officials and the last one is the judicial. Hence these three earlier mentioned elements define the concept of separation of powers in its early stages and...
A Constitution, in its broadest sense, is a body of fundamental principles by which a state or organisation is acknowledged to be governed. The constitution remains uncodified; and is rather a set of principles which have emerged from case law, political conventions, statute and social consensus- with its main purpose being to protect individual rights...
Introduction: This essay will discuss and explore Parliamentary Sovereignty and whether the United Kingdom is gaining back control of its borders, money and laws while protecting the economy through its departure from the European Union. It will also discuss the divided viewpoints and disputes from the supporters of Brexit, who strongly give credence to the...