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Constitutional Law of the UK - Term Paper Example

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The author focuses on the Constitution of the UK which is uncodified, consisting of written and unwritten sources. There is no technical difference between ordinary statutes and law considered constitutional law. The Parliament can perform constitutional reform by passing Acts of Parliament. …
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Constitutional Law of the UK
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Download file to see previous pages The constitution is based on the concept of all sovereignty ultimately belonging to Parliament (Parliamentary sovereignty), so the concept of entrenchment cannot exist. The lack of a central written constitutional document explaining the fundamental principles of the state and relationship between its institutions and between the people leads some constitutionalists to regard the United Kingdom as having "no (formal) constitution." The phrase "unwritten constitution" is sometimes used, despite the fact that the UK constitution incorporates many written sources, statutory law being considered the most important source of the constitution. But the case remains that the constitution relies far more on unwritten constitutional conventions than virtually every other liberal democratic constitution.
Conventions as a source of constitutional rules have been widely acknowledged. Regardless of whether a country possesses an unwritten1 or a written constitution, constitutional conventions usually play an important role in regulating constitutional relationships among different branches of government. A common definition of constitutional conventions is: "By convention is meant a binding rule, a rule of behavior accepted as obligatory by those concerned in the working of the constitution."2 Law and constitutional conventions are closely related. Constitutional conventions presuppose the existence of a legal framework and do not exist in a legal vacuum. For example, in the UK, the constitutional conventions of forming a Cabinet presuppose the laws relating to the Queen's royal prerogative, the office, and powers of Ministers, and the composition of Parliament.3 A difference between law and constitutional conventions is that laws are enforceable by the courts, but constitutional conventions are not enforced by the courts. If there is a conflict between constitutional conventions and law, the courts must enforce the law. In some countries, such as the United Kingdom (UK) and Canada, the courts acknowledge the existence of constitutional conventions as aids to judicial interpretation.  ...Download file to see next pagesRead More
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