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...
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...
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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...
According to the principles of a political free nation, the power of the state should be limited. In this place, the doctrine of the separation of powers aims to divide this power into separate institutional bodies, each of which performs different functions. This happens because- according to the constitutional law- . The principles of the...
Introduction In June 2016 the UK had a referendum where they decided to leave the EU and start Brexit. Due to the decision, David Cameron stepped down and then Theresa May decided to initiate the process to leave the EU in March 2017. The UK had plans to have an agreement by March 2019 however...