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The UK Constitution - Essay Example

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The UK Constitution: similarities and differences with other countries Abstract The paper deals with the issue of the UK Constitution, similarities and differences of the constitutions of other countries. It is suggested that the absence of the written constitution in the UK signifies a slow development of democratic processes in the country…
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The UK Constitution
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Download file to see previous pages Key words: UK Constitution, democratization, legal organization of the state, branches of power. The UK Constitution: similarities and differences with other countries The legal organizing principles of different states have many differences and have much in common. The legal principles reflect the way the state should do its business and determine the very character of the state. The constitutions of different states have much in common, though UK constitution differs from other counties greatly. There is no one document in the UK regulating the legal documented basis of the country. In order to determine basic points for written constitution implementation in Britain, there is a need to consider historical background of the country’s political system development and correlate it with modern globalized and democratic practices. British Parliament consists of the House of Commons and the House of Lords (Vink, 2002; Jenkins, 2003). The former institution is a democratic one and it is the most important one. The members of both Houses belong to the Labour, Conservative and Liberal Democrat parties. The Queen is the Head of the State, but she performs ceremonial functions (Allen and Thompson, 2008). The greatest power has the government. Therefore, the main odd characteristic of the British Constitution is that it differs from reality. Nevertheless, law is the basic instrument of the country to regulate relationships within the country at different levels. Courts play the role of disputes settlement. Constitutional law deals with the structures development and the power comes to the Parliament. The courts in Britain have a different degree of power, unlike other courts all over the world. The principle of parliamentary supremacy prevails over the absence of the written constitution in the UK. In accordance with Allen and Thompson (2008): “The constitution is the vehicle through which this occurs, and it is thus a fundamental political statement proclaiming the nature of the state as a dictatorship, democracy, or whatever else it might be” (Chapter 3 ). Therefore, the constitution should be positioned as a complex document, reflecting the provisions for different branches of power and the rights of citizens. Very often, the word “constitution” refers to different political affairs and describes the whole system of the government. The selection of legal rules and regulations is often outlined in the constitution. There is an important argument for British non acceptance of the written constitution. There has never been a revolutionary event in Britain, which could change the principles of legal organization of the country to the very essence. The basis for the future government was borrowed from the document called “the Instrument of Government” acclaimed in 1653 (Bradley and Ewing, 2007). Since that time there were no challenging and crucial events, changing the core essence of the document. The principles for the British constitution development are usually found in this document. This fact can be considered as both advantage and disadvantage of Britain. The negative side is that British constitution does not have a clear statement and there is no evident stability of the country’s legal organization and order (Sharma and Gupta, 2006). Unlike the historical experience of other countries, where ...Download file to see next pagesRead More
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