Constitutional Law - Essay Example

Constitutional Law Table of Contents Introduction 3 Constitutional Law 4 The United Kingdom and the European Union 4 Articles for the New 5 TheBritish Effect 6 Conclusion 7 References 8 Bibliography 9 Introduction It has been rightly observed by the legal experts across the globe that the word ‘change’ has been the only constant thing in the present world of today. Thanks to the change agents like that of information technology, communication process and globalization, the tricks and the trades of the business and the industry are fast changing. The objective and the importance of law or the legal framework in any country is to control the behaviour of the citizens so that they do not commit any harm towards the nation or towards the fellow citizens. The comprehensive legal framework comprises of various forms of law namely civil law, criminal law, constitutional law, property law, tax law, law of tort and many others (Arellano University School of Law, “Academic Programs”). The governments of the country are basically bestowed with the responsibilities to create new laws along with the right of amending the existing laws. The government of the land also has the right to initiate punitive action against any of its citizens who is found guilty of not adhering to the set laws of the nation. Constitutional Law Constitutional law is undoubtedly one of the most important aspects of law for a nation. Almost all of the countries of the world are either democracies or are republic. Most of them are governed by the elected representatives of the common mass. There are three important functions that come together in running of a nation namely the legislature, the executive and the judiciary. The three different bodies follow one single document called constitution in order to govern the land and the people successfully. Constitutions are the foundations of the modern nations and the constitutional laws deals with interpretation and implementation of such governing laws (Cornell University Law School, “Constitutional Law”). The United Kingdom and the European Union The United Kingdom is one of the greatest superpowers of the world. Thanks to the massive history of planned imperialism, the country had hundreds of colonies all across the globe. The European Union is more of a treaty among the members. It can also be defined as a free trade zones among the neighboring nations with same currency. The prime idea behind the European Union has been to leverage the power of political and financial strength that could be attained collectively. The major similarity between both the European Union and the United Kingdom has been that none of the two follows any sort of written constitution and is rather guided by many treaties. Articles for the New State If one is entrusted with the responsibility of writing the constitution of a new state that is to be inducted within the European Union, it should have the following features: The new constitution of the new country that is all set to become the member of the European Union should have due regards towards the human rights policies. Also, the country should be able to safeguard the sovereignty that it faces from the external territories (Young, “Parliamentary Sovereignty and the Human Rights Act”). The newly formed constitution should have it notified at the constitution that the law of the land should have its own individual agenda. Yet, complying with the European Union would invariably mean that if any similar court case erupts in any of the member states, the judgment of such case should be implemented within the legal framework without any hiccups. The country should have it very clear in the constitution that it would not promote or support any forms of colonialism among the member as well as the non - member states. The constitution should promote the true intentions of the European Union like that of equal opportunity to all and equal pay for equal works (Parkinson, “Bills of Rights and Decolonization”). The newly formed constitution should have regard for the common laws of the European Union as a whole. There are certain areas where one member state might not agree with the other nation with in the same pact but it should be made clear from the very outset that such adjustments might have to be made by all of the member states for the larger interest of the group. For example, the recent issue of human rights’ activism often has commenced several controversies like that of terrorism or other illegal activities. Being in the European Union, the new state has to agree to abide by the rule (Jenkins, “Common law declarations of unconstitutionality”). The British Effect The prime similarity in between the United Kingdom and the European Union is that neither of the two is guided by any sorts of constitutions. In fact, both of them have certain court cases of record to guide them in the uncertain future and both of the bodies have several treaties in place with different important parties upon which they run. This should not have been the case and there should be a constitution for the purpose of good governance. The other important feature that the United Kingdom should not have continued was the colonialism. The entire cause of developing a free trade zone gets wasted if one powerful nation colonizes another nation with muscle power. Conclusion As discussed in the very first chapter, the ideal legal framework should be flexible and adaptable so that it can take care of the emerging legal needs of the citizens. The constitutional law is such an issue. As the European Union is the world largest and one of the most successful trading blocs, therefore, the newly formed country puts due emphasis on its membership with the European Union and for the purpose the country also plans to write its constitution in such a way that would be helpful to attain the desired membership. References Arellano University School of Law. “Academic Programs” 15 February 2010. Course Description. No Date. < http://www.arellanolaw.edu/coursedescrip.html> Young, Alison. “Parliamentary Sovereignty and the Human Rights Act”. 2010. Edinburgh Review. 2009. Cornell University Law School. “Constitutional Law”. 15 February 2010. Legal Information Institute. No Date. Jenkins, David. “Common law declarations of unconstitutionality”. 15 February 2010. International Journal of Constitutional Law. 2009. Parkinson, Charles. “Bills of Rights and Decolonization”. 2010. International Journal of Constitutional Law. 2009. Bibliography Finer, S., Bogdanor, V. & Rudden, B. Comparing Constitutions. Oxford, Clarendon Press, 1995. Jowell, J. & Oliver, D. The Changing Constitution. Oxford University Press, 2007. Leyland, P. The Constitution of the UK: A Contextual Analysis. London, Hart Publishing, 2007. Marshall, G. Constitutional Conventions. Oxford University Press, 1987. The Scottish Parliament. “Parliament building closed during mid-term recess”. 15 February 2010. Parliamentary Business. No Date. Read More