According to the American Heritage dictionary, a Constitution is a set of laws and principles that make up a system that allows the definition of nature of a government or institution and states its functions and limits. A constitution forms the fundamental basis of governance…
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The Blacks Law Dictionary is particularly elaborate giving the specifics of a constitution.
According to the Blacks Law Dictionary, definition of constitution the British constitution applies to this definition to some smaller extent. Most nations have written constitutions, such as constitutions of most modern democracies. The constitution of Britain, by contrast, is unwritten or uncodified. Its traditions are informal and based on several different laws. Unlike other democracies, Britain has no official document that explains the governance of the nation. The lack of a written document links to the British history. Britain never experienced a revolution like other countries, and never had any regime change. Because of this, their constitution continued to evolve for such a long time and this combined with the relative stability of Britain, development of a constitution never occurred. Experts pertaining to constitution usually refer to several laws, treaties and conventions, which they compile to make up a constitution. The several compilations that make up a constitution include Acts of Parliament, Treaties, conventions, Royal prerogative, works of authority, European Union law and the Common law. Their constitution is by standards less democratic, not intelligible and not accountable enough to govern a country in the modern democratic world (KING, 2009).
Unlike constitutions of most democracies that dictate distribution of power to various organs, in Britain such power resides in the arms of the crown. Power that is unlimited and unaccountable derives from the crown where the queen exercises some of it and most of it by the government. The queen exercises four constitutional powers. These are only limited to her, and nobody can exercise them on behalf of her. They include the power to chose and appoint the countries prime minister, the power to dissolve a sitting parliament, dismissal of government and the power to withhold royal assent to legislation
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(“British Constitution Essay Example | Topics and Well Written Essays - 1000 words - 2”, n.d.)
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(British Constitution Essay Example | Topics and Well Written Essays - 1000 Words - 2)
“British Constitution Essay Example | Topics and Well Written Essays - 1000 Words - 2”, n.d. https://studentshare.org/law/1605480-british-constitution.
The author states that the important feature of the British constitution is that it has no written constitution, which lends flexibility and discretion to the judiciary in taking decisions. Parliamentary sovereignty is the main feature of British constitution. Though the constitution is unwritten in one single document, it is not entirely unwritten.
To what extent does the evidence suggest that these propositions are valid And, in your scholarly opinion which of the two has more weight
The British Constitution is uncodified and can be found in a variety of documents. Advocates of this form of constitution believe that the uncodified system encourages flexibility and changes can be made easily.
However, this is not the case in the United Kingdom. Constitutions differ as regards their detailed features, though most are nowadays written. The principle characteristics of the British Constitution, which distinguish it from nearly all others, include features, such as it being unwritten and flexible.
The European constitution is threatening to overtake British constitution, considered to be the mother of all the constitutions and there are apprehensions in the air.
In his recent speech as party leader at Labour Conference, Prime Minister Gordon Brown Declared: "Britain has been tested and not found wanting.
Thus the British constitution can be contrasted with other constitutions like the Constitution of the United States of America. (Barendt, 1997) Brazier (2001) has for instance stated that:
"A British citizen has to seek the rules of the constitution in a daunting number of places - legislation, judicial decisions, statements about constitutional conventions, the law and practice of Parliament, European Community law, and so on." (p.3)
The highlight of Blair’s election manifesto was the constitutional reforms that his part would introduce in order to empower British citizens with more rights and promote their participation in the decision making. Studlar’s views were of
Moreover, the principle of separation of powers assumes that certain functions should be carried out by different institutions with neither impinging the other’s authority2. As Montesquieu argued; “All would be lost if the same man or the same ruling body……were
That is, their physical body and mental mind will become stressed out, when they involve in activities continuously without any break and relaxation. In those times, humans will have different options to
As tyhe paper highlights the constitution is unwritten in one single document, it is not entirely unwritten. It is also mostly embedded in the written form through various statutes, judgments and treaties apart from the conventional principles. Parliamentary sovereignty is the fundamental principle of the un-codified British Constitution.
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