The rule of law, the separation of powers, and the existence of fundamental human rights serve as the foundational principles of the British Constitution. Without them our constitution could not work. Discuss. .

Authors Avatar by andrewacch (student)

LLB Law – Public Law I (M3006)

Public Law Essay  

Student name: Chong Chi Hung Andrew

Candidate No: 107368

Seminar 19

Tutor’s name: Dr T Kochi

Date: 27/11/2012

Words: 1488

1. “A political constitution, more than a legal constitution, needs to be bolstered by principle. The ‘rule of law’, the ‘separation of powers’, and the existence of ‘fundamental human rights’ serve as the foundational principles of the British Constitution. Without them our constitution could not work.’


The nature of the constitution of the United Kingdom has been bound by many constitutional conventions, the sets of laws and principles governed by the UK government. The un-codified elements are clearly expressed through the Parliament, the Parliament being the key player of the English legal system is liable passing different primary legislation in the UK, but after joining the European Union as a consecutive member, the domestic legislations are sometimes amended by the secondary legislations of the European institutions within different tools. Among all the relevant factors, due to the traditional powers of the parliamentary constitutional conventions and the royal prerogatives, the doctrine of the parliamentary sovereignty still play a dominate role as a final source of law.

According to the current legal conditions mentioned in the title of the essay, the idea of constitutionalism drew up the main theme of the English legal system in the UK, as argued by the theory of politician John Locke saying that constitutionalism is the appropriate form of government due to government’s fiduciary role. (L. John, 1698) Following that there should be reasonable legally limits on the control of the powers of the government in order to define the scope and level of the government’s legitimacy and authority. Those limitations help maintaining the stability of the importance of the Parliamentary Supremacy because if the check and balance system of the UK’s government is contaminated, then there would be a great variation of the political values and principles and entrenching every single units of the interconnected legal system that was originally constrained. The political constitution has an obvious contradiction to the legal constitution in the UK, the political legislature and the judiciary of the constitution helps limiting the power of the executive and checks upon government. For the legal constitution in contrast with the political constitution, judiciary form the greatest check upon the use of executive power. Methods of official review may be used to move away political elements of to a legal constitution for example, by passing of the Human Rights Act. So in this essay I will discuss about the importance of the fundamental principles of the British Constitution in four main aspects, the ‘rule of law’, the ‘separation of powers’, the existence of ‘fundamental human rights and the ‘increasing involvement of the European institutions’. (A, Larry & S, Larry, 2005)

Join now!

First of all, the rule of law in the UK set up the foundation of the English Legal System, it helps to make sure that every law apply firmly and equally to all. As mentioned by A. V. Diecy, a constitution expert, said that the rule of law ensured a government of law but not a government of men, and thereby arbitrating a constitutional government and which helping to establishes a strong relationship between the government and the people. (A.V. Diesy 1915) The rule of law provides equality to the public as no one is above the law, which ...

This is a preview of the whole essay