• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

In this essay I will define the constitution, its main elements and its aim. Moreover I will explain the structure of the British constitution and its sources which are divided as legal rules and non legal rules. Then I will explain the constitutional con

Extracts from this document...

Introduction

In this essay I will define the constitution, its main elements and its aim. Moreover I will explain the structure of the British constitution and its sources which are divided as legal rules and non legal rules. Then I will explain the constitutional conventions, their functions and their effects on the British constitutional arrangements. Finally I will conclude on whether "the use of constitutional conventions has enabled the UK to have workable constitutional arrangements despite having thoroughly outdated formal legal rule" or not. A constitution is set of rules and principles in order to function and ensure order in society. A constitution can be described in a narrow and a wider sense. Bradley & Ewing described constitution in a narrow sense as 'a document having a special legal sanctity which sets out the framework and the principal functions of the organs of government within the state and declares the principles by which those organs must operate'.1 Bradley and Ewing also described constitution in wider sense as ' it is used to describe the whole system of government of a country, the collection of rules which ...read more.

Middle

They are defined by AV Dicey as 'understandings. Habits or practices which, though they may regulate the conduct of the several members of the sovereign power, of the Ministry, or of other officials, are not in reality laws at all since they are not enforced by the courts'.3 The purpose of the constitutional conventions is to ensure that constitution is developing on the basis of needs. Some significant characteristics of political system in Britain are regulated by some of the conventions such as the role of the Monarch, the position of the Prime Minister and Cabinet. Barnett stated that ' a constitutional convention is a non legal rule which imposes an obligation on those bound by the conventions, breach or violation of which will give rise to legitimate criticism , and that criticism will generally take the form of an accusation of "unconstitutional conduct"'.4 Lord Jenning suggested an effective test to determine the existence of a constitutional convention. This test is thee-part test which three questions must be asked. ...read more.

Conclusion

The main aim of constitutional conventions is to ensure the constitutional legal workings confirm the needs of the time. The unwritten conventions are preferable as they are more flexible and can be evolved easily. The adoption of constitution to that period is based on constitutional conventions. Both constitutional law and conventions create the United Kingdom's constitution and without conventions there would be a gap in constitution which would make it unworkable. Conventions have a lot of influence on the UK constitution and as they affect all branches of the government it is not possible to think that without conventions the government functioning will work correctly. They also regulate some of the most significant characteristics of political system in Britain and without conventions there will be a lot of problems related to political issues. To sum up, I agree with the statement that 'the use of constitutional conventions has enabled the UK to have workable constitutional arrangements despite having thoroughly outdated formal legal rule'. With the impacts on judiciary and political issues, conventions tempted to keep constitutional arrangements up to date and in my opinion if constitutional conventions would not followed it can create political problems. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our University Degree Public Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related University Degree Public Law essays

  1. Marked by a teacher

    This paper will deal with the common law legal system as a legal transplant, ...

    4 star(s)

    In Malaysia, the existing laws remained intact even with the advent of the common law. The syariah courts, an independent court system, continues to exist to govern religious matters. These, along with Native courts that apply native customary law, are supervised by the state and federal courts, creating a distinctive dual justice system with the jurisdiction.

  2. Marked by a teacher

    The Constitution of United Kingdom In Comparison with the Constitution of Russia

    4 star(s)

    To illustrate further the distinction between absolute legal power and practical power, in terms of law, the Crown has the right to appoint the Prime Minister of its choice, the power to dissolve Parliament when it chooses. To understand issues such as the appointment of a Prime Minister and the

  1. Marked by a teacher

    UK constitution

    3 star(s)

    that no person or body is recognised by the law as having a right to override or set aside the legislation of parliament"[8] Therefore in theory Parliament can pass any legislation or law that is chooses. The adaptability of uncodified constitutions is not always beneficial.

  2. Public Law Essay

    unable to act for themselves.36 Wade and Forsyth37 state that minimising delay is very important in administration and whether the subsequent decision is favourable or not the applicant will have suffered.38 The Ombudsman's principle of being customer focussed entails public bodies dealing with people within any published time limits.39 Public

  1. Conventions as a source of constitutional rules have been widely acknowledged.

    It was subsequently rejected with this in mind. Plus, if situations were to arise under the current system, where it would in the best interests of the public to waive a certain convention, it would be possible. This would be made extremely difficult if conventions were enacted, or even just defined in language that was not open to interpretation.

  2. English Legal System Assignment

    In the present times, public is not shouting for a written constitution because it does understand the conventions which govern political procedure. The current system provides also a strong and effective government. There is a liability and suppreme authority.

  1. 'The enactment of a codified constitution would transform the British system of government.' Discuss

    Brazier does not believe this would be a problem, simply stating 'there is no reason why a constitution must be entrenched against easy amendment or repeal.'22 He goes on to suggest that a codified constitution could be enacted by passing a Constitution Act.

  2. The rule of law is seen as being one of the most fundamental doctrines ...

    But this result was frustrated by the passing of a retrospective Act of Parliament ? the War Damage Act 1965. Therefore, the Parliament had no obligation to pay the compensation. Under the Act, it stated that taking or destroying property in the course of fighting the enemy did not give

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work