Constitutional Law of the United Kingdom - Essay Example

Courts have the authority to overrule any Act of Parliament which is beside the principles, values, norms, and traditions, and against the best interest of Britain. The two legislative chambers House of Lords and the House of Commons are the custodians of bringing changes and interventions in the Constitution however judiciary has the power to exercise.  Bringing a constitutional change without the acceptance by the court is therefore not possible and applicable.   There has been an apparent separation of powers between the parliament and the judiciary.  The constitution of Britain determines the boundaries of institutions so that they would exercise their respective legitimate powers. There have been several cases that indicate that Parliament enforcing unlawful legislation in opposition to Britain’s constitution was demolished by the Britain judiciary. Hence bringing a constitutional change in the UK is complicated.  The orientation of the British Judiciary has remained to escort parliament in many legal legislative measures which would safeguard the constitution. The case of Immigration and Asylum in this regard carries colossal importance as the British parliament made changes in immigration rules without judicial review. 2 Courts rejected this decision by the parliament and made certain that without concerning courts, such decisions would not be made in the future. The parliament had to eventually withdraw its decision as the supremacy of the judiciary/courts is the name of the game in Britain.      Supremacy of Parliament has been always there in the country and they ensure to bring fundamental changes and developments in the constitution which is towards national integrity and uprightness. The balance of powers among institutions is the elegance and sophistication of the United Kingdom’s constitution. The orientation of courts is not to overrule legislative measures made by the parliament and show its supremacy, but they intend to follow the decisions which do not contradict the previous court verdicts. Prior adjustments to legislation are also made by the court so that the prevalent system in the country would be strengthened. The famous case of Alvi in which the Home Office adopted back channel diplomacy for making changes in the immigration policy was dealt with iron hands by United Kingdom courts. 3 The legislative measures took place in British Parliament which focused on new substantive immigration requirements. This legislative change was unpleasing for the judicial committee as the constitutional interpretations brought in were imbalanced and opposite to the current requirements. Home Secretary was called upon by the courts for this move and was asked for justification.   The rule of law is outstanding throughout the UK as citizens of the nation believe in the augment of the constitution. Institutions of Government feel pride in upholding the constitution and supremacy of parliament. The judiciary and courts hold a prominent position in Britain. An uncodified or unwritten constitution does not mean bringing a constitutional change is easy. The above-illustrated examples depict how prestigious place British judiciary has in the overall political, constitutional, and legal system. The people of Britain believe in their prevalent judicial system as courts are the strongest pillars of the state. British parliament completely acknowledges the importance and significance of courts and hence respects every verdict made by the judiciary. On the other hand, Judiciary ensures that every verdict, decision and overrule disagreement is not in clash with previous court decisions, against British values & interests.  Read More