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The Evolution of Constitutional, Administrative Law and Human Rights - Research Paper Example

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This research "The Evolution of Constitutional, Administrative Law and Human Rights" discusses the development process of governmental authorities and the separation of powers within the community. The research specifically analyzes the origin of the constitution in the European Union…
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The Evolution of Constitutional, Administrative Law and Human Rights
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Download file to see previous pages The 1688 settlement introduced checks and balances in restraint of autocratic power. Theoretically, the Crown, House of Commons and the House of Lords could not pass any legislation to support a course of action unless they were accepted by the other bodies involved. However, the gradual erosion of the power of the House of Lords means that there is effectively no check on the House of Commons5. For example, the executive clearly carries out legislative functions and a prime example is the Law Commission. Additionally, the judiciary obtains their power from the Crown and there is a distinct overlap of functions between the powers, which should be separated for the effective application of the separation of powers and the efficacy of Parliament as a check on the executive6. This is further compounded by the fact that the Prime Minister and Cabinet ministers are Parliament members and part of the legislature and the Prime Minister is head of the executive.
This obfuscation of the theoretical separation of powers has ramifications for the procedure of passing Acts of Parliament. Parliament is essentially the legislative section of the British political system. As such, through the executive Prime Minister and the Cabinet, Parliament sanctions executive sovereignty in a party governmental system. Theoretically, Parliament is a policy influencing body, relying on the executive to formulate policy and reacts to it and therefore the party machine reinforces the power of the executive to initiate policy. Parliament is not therefore involved in the policy-making process and has minor powers of initiation. ...Download file to see next pagesRead More
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