Constitutional Conventions of the UK

A constitutional convention is an informal and unwritten procedural agreement abides by the institution of a state. In some countries most government functions or political systems are guided by constitutional convention rather than a formally written constitution. The United Kingdom is a functional democracy country, but on the other hand, it is one without a written Constitution. The constitutional conventions adopted by the United Kingdom are very distinctive in nature of which they include the practices, customs and behaviour of how the government and state institutions operate. As these conventions are actually rules of a constitution which are not enforceable by law of courts, they are considered non-legal rules but with the exception that, under the United Kingdom constitution, these rules are considered binding and are embodied by way of constitutional conventions. However, there is much uncertainty surrounding their definition and position in relation to laws, as well as whether their obligatory nature makes them more than mere habits. There are several opinions and statements that can be referred to that helps to define or described the constitutional conventions. Sir Ivor Jennings states that, ”Constitutional conventions provide the flesh which clothe the dry bones of the law; they make the legal constitution work; they keep in touch with the growth of

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  • Level: University Degree
  • Subject: Law
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Discuss the following: (i) what the Intergovernmental Panel on Climate Change (IPCC) and its role in shaping the global response to climate change demonstrates about the relationship between science and politics; and (ii) the regulatory challenges that global crises raise for the state.

LW592: Public Law 2 – Special Studies Essay The Intergovernmental Panel on Climate Change (IPCC) is commonly described as a hybrid ‘scientific and political’ institution. The global scientific discourse it has generated has resulted in regulatory decisions being made to appear not as political, but as the only valid alternative to the problem of climate change. Discuss the following: (i) what the IPCC and its role in shaping the global response to climate change demonstrates about the relationship between science and politics; and (ii) the regulatory challenges that global crises raise for the state. Climate change is a natural phenomenon and a global environmental crisis that has gone beyond the confines of environmentalism and science to a level that has far exceeded the boundaries of economic, social and political concern. It can be said by certainty that human activities such as transport, industries etc. play a major role in this. In the words of Tony Blair “Global warming is too serious for the world any longer to ignore its danger or split into opposing factions on it”. If something is not done, there will be a continuing rise in temperature and sea levels resulting to severe weather conditions causing serious consequences. In this essay, I will not only be looking at the role of the Intergovernmental Panel on Climate Change (IPCC) and how it shapes global

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  • Level: University Degree
  • Subject: Law
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Does Britain need a written constitution?

Terry Heath Does Britain need a written constitution? A constitution is a broad set of rules or a body of fundamental principles by which a country is made up or governed. Ideally a constitution should achieve a solid framework within which people can work together harmoniously. It should also guarantee peoples rights and freedoms. It needs to lay down rules on how officials or politicians are elected including their length of time in office and the powers and duties elected to them. It also reconciles central and regional government. The value of having a written constitution is everyone knows where he or she stands. All the powers of officials and important bodies are laid down in black and white. Citizens clearly have a point of reference to see if their liberties have been breached. It would also stop one body becoming too powerful with a checks and balances system and this provides governmental stability. It could clearly define a definite period of a term in office. It would also delineate exactly the relationship between local and central government. These values come very close to the ideals set out in the beginning of my essay. A good example of a country where most of my ideologies work is in the U.S.A. The president has a set period of time in office no matter how popular he is.

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  • Level: University Degree
  • Subject: Law
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Does the Uk have a constitution? Does it matter?

Does the Uk have a constitution? Does it matter? Constitution can be defined as the rules and practices that determine the composition and functions of the organs of central and local government in a state and regulate the relationship between the individual and the state. It is the document or documents embodying the most important laws. Thus we can say that in general a constitution allocates authority within a country, by defining the powers of government and the rights of the citizen, Most states have a written constitution, one of the findamental provisions of which is that is can itself be amended only in accordance with a special procedure. Does the United Kingdom have one? Indeed the United Kingdom does not have a documented constituion, but are the rules of the constituion documented in other places - legislation, judicial decisions, the law and practice of Parliament and so on. So the question may well be: Does the UK have a written constitution? There are written aspects to the constitution, so the term 'uncodifed' can substitute 'unwritten'. A codified constitution is one in which key provisions are collected together in a single legal document, this document would be regarded as the highest law of the land. Uncodified constitutions have a legislature with supreme authority having the right to make what ever laws it chooses. Braizier believes that the

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  • Level: University Degree
  • Subject: Law
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Parliamentary Supremacy

Westminster International University in Tashkent BA Commercial Law 2010 - 2011 To be completed by the student Student's ID number 00001313 Module name Legal Systems Module code UZB405 Tutor Liya Sizova Individual assignment ? Group assignment ( Submission deadline 06.12.2010 I certify that all material in this coursework which is not my own work has been acknowledged and I am fully aware of the consequences of plagiarism. Signed For Academic Registrar use only PARLIAMENTARY SOVEREIGNTY vs. DOCTRINE OF PRECEDENT Contents: Introduction: 3 Sovereignty of Parliament in England: 3 Doctrine of Precedent: 4 Evaluation: 5 Bibliography: 6 Printed Source(s): 6 Online Sources: 6 Cases: 6 "Our constitution, in short, is a judge-made constitution, and it bears on its face all the features, good and bad, of judge-made law." - A. V. Dicey . Introduction: The Parliament of UK is one of the most peculiar institutions in the UK. It can simply change anything by a simple majority. One of its main functions is to create and amend laws. This role of Parliament has mainly developed in the past two-three decades. However, despite the growing implementation of statutes created by Parliament, I personally think case law (aka. precedent) has retained its importance in the English Legal System. The doctrine of precedent is based on the principle of stare decisis,

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  • Level: University Degree
  • Subject: Law
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Royal Prerogative

"Prerogative powers represent one of the most fundamentally significant constitutional laws, not least because of these definitional difficulties. However, the most controversial aspect remains controlling the use". Guissani E, Constitutional and Administrative Law, (1st edition 2008), p.226 One of the most important figures in law, Dicey has described Royal prerogative as: "historically and as a matter of fact nothing else than the residue of discretionary or arbitrary authority which at any given time is legally left in the hands of the Crown".1 Royal prerogative is commonly exercised by the Monarch. It is used for appointing the Prime Minister. The Crown also has a role in exercising reminders. Prerogative is a part of the common law. No Act of Parliament or approval is needed for it to be used. The King could not himself act as a judge; he must dispense justice through his judges.2 And he could make laws only through Parliament.3 There have been some problems, regarding to arbitrary power, which was announced as illegal, according to the Petition of Right 1628.4 Back in 17th century the Bill of Rights 1689 has declared specific illegal abuses to the prerogative power. A later decision was then made that prerogative power could only be exercised through a minister, responsible to the Parliament. Those prerogative powers are not written down, due to the unwritten

  • Word count: 1842
  • Level: University Degree
  • Subject: Law
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Rule of Law

The Rule of Law The rule of law is such a large concept, and like the word 'constitution' it is hard to define. This doctrine is one of the fundamental characteristics of the British Constitution. Although the English Legal System is known to be the prominent developer of this doctrine, however the idea of the rule of law originates from the Greek's and Roman's ideologies1. Widely, it was believed that over and above all-man made law, exist a universal law which imposed to all men everywhere and at all times. Bracton, a judge in the reign of King Henry III, in his writing held that 'the King himself should not be subject to any man but to God and to the law, because the law makes him King'2 This universal law was attributable to God. In the seventeenth century, L.C.J. Coke distinguished natural law with the common law of England which he described as 'the perfection of reason'3. Since human reason was given by God, the concepts of natural law were deducible by man by the use of his reason4. At the time of conflict between the King and the Parliament, Coke claimed that the common law is above the King and the Executive. In battle for power between the King and the Parliament, Coke alongside other common law judges developed an alliance with the Parliament. Subsequently, the Parliamentary body won and at last the supremacy of Parliament over the King and the all other bodies

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  • Level: University Degree
  • Subject: Law
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Public law

PUBLIC LAW Written Assignment January 2004 Introduction A constitution may be described as a perennially evolving code of conduct that prescribes standards of behaviour for members of an institution and governs the relationship between that institution and external parties. This code may be written (codified) or unwritten. In legal terms, the United Kingdom constitution serves to define the functions, powers and relationships of the Executive, the Legislature and the Judiciary. As the State exercises power of coercion and freedom over its citizens, the constitution also sets in place restrictions on this power. This ensures that the exercise of the State's rights does not violate the rights and freedoms of citizens e.g. the right to a fair trial. Wheare defines a constitution as a "collection of rules which establish and regulate or govern the government"1. In other words, a state's constitution determines whether or not the actions of government are legal. Categories of Constitution Broadly speaking, there are two different types of constitution: written and unwritten. The former consists of a written document or documents, which sets out rules of conduct for the State. These documents comprise a higher form of law than any other, sometimes expressed as Fundamental Law. Existence of a written constitution requires a dedicated body to interpret and protect the

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  • Level: University Degree
  • Subject: Law
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Public Law

Conventions apply to virtually all aspects of the constitution, and therefore it seems unrealistic to consider the constitution of the United Kingdom minus them. Constitutional conventions form the most significant class of non-legal rules; they supplement the legal rules of the constitution and also define the practices of the constitution. Conventions can be seen to impose an obligation on parties who are bound by the convention, breach or violation of which will give rise to legitimate criticism, generally with an accusation of unconstitutional conduct. It is this which has enabled the prerogative to remain largely intact and which has, therefore preserved the Monarch's formal constitutional role. Practices of conventions relating to the excise of their functions by the Crown, the government, Parliament and the judiciary that are not regard as legally binding but are followed as if they were. The most important conventions are that the Crown must exercise its constitutional powers only in accordance with the advice of the ministers but in particular the Prime Minister who collectively command the support of a majority of the House of Commons. There are no single reason why convention should be observed but a for an example, there is a convention that the Crown should appoint the leader of the party with majority of seat in the House of Commons who then is entitled to

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  • Level: University Degree
  • Subject: Law
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"Would replacing the House of Lords with an elected chamber create more problems than it would solve?"

Public Law Essay Richard Wilson "Would replacing the House of Lords with an elected chamber create more problems than it would solve?" The House of Lords, in one form or another, has been present in the British political forum from as early as the 11th century. By the 14th century, two distinct houses of parliament had emerged, the House of Commons and the House of Lords. Nowadays, the House of Lords acts as the second chamber of the Westminster parliament, with its primary roles being the revision of legislation and the scrutiny of governmental activities. In addition, the House of Lords also acts as the final court of appeal in the UK. The House of Lords is seen as being a complement to the activities of the House of Commons, although it is quite different in the aspect that the Lords, unlike the Commons are unpaid and un-elected. Over the past hundred years, numerous laws and conventions such as Parliament Acts of 1911 and 1949 as well as the Salisbury Convention have seen the powers of the House of Lords curbed somewhat. In 1999, the present Labour government began their much-heralded reform of the House of Lords with the removal of the rights of hereditary peers to an automatic seat in parliament, an aspect of the Lords often criticised by both the public and political analysts. Furthermore, they intend to reform the Lords structurally, with the proposition

  • Word count: 1560
  • Level: University Degree
  • Subject: Law
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