English Legal System Assignment

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ELS ASSIGNMENT

15th December

                                                                        1756 words

The English legal system has undergone a quiet revolution in recent years. The judiciary now have greater powers than ever, Parliamentary sovereignty is more of a memory than a reality, and many of the other traditional features of England’s common law tradition have been replaced by an increasingly ‘European’ approach. All of this means that the question whether England will adopt a written constitution is now one of timing rather than one of principle.”

Discuss.

   

    Most countries in the world have a written constitution, usually drawn up at a time of great political upheaval such as defeat in war, following a civil war etc.  The United Kingdom is almost unique in having no written, evolututionary constitution which has developed over time. A long historical development formed the English Legal System and  some believes that its just a queation of time, when England adopt a written constitution and change  the whole used system. On the other hand there are many aspects why this form of constitution should stay untouched.

    First of all it is needful to ask whether there is such a thing as a „British Constitution“? Most countries  have a written constitution - a single document regulating the powers of its government and the rights and duties of its citizens. The United Kingdom is one of only a handful of countries which does not. Therefore in contrast with most other countries it is not possible to point to a text and say "this is our constitution", nor is there any doctrine of the supremacy of the constitution, nor any constitutional court,  nor any doctrine of the separation of powers. Much of what we call the Constitution is simply a political practice - the way things are done. But yet, there are some written aspects to the Constitution, so it is better to call it 'uncodified' rather than 'unwritten' constitution.  

    There is a big question whether to adopt a codified constitution and change the whole envolving system. It is sure that both – unwritten and written constitutions have its own positives and negatives aspects which are going to be discussed in in the next parts.

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Actual uncodified constitution has many arguments which stand against the codified one.  UK uncodified constitution has some specific features which are important to mention and  all of  these features give the constitution immutable form which is unique from others.

   One of the most discussed aspect is why to change something that is not broken? Why to change the constitution which has developed well over the centuries? Britain has survived very well until now with an uncodiefied constitution. Britain  has a long and continuous national history and the origin of constitutional is dated back to the Saxon kings who ...

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