Friday, February 21, 2020

British Constitution Master Essay Example | Topics and Well Written Essays - 1500 words

British Constitution Master - Essay Example This is who we are," said Mr Brown..I will stand up for British values. I will stand up for a strong Britain and I will always stand for you" British constitution has never been an absolutely rigid constitution. It establishes the fundamental laws and judicial review of legislation and administrative law is not totally bifurcated from constitution law. "A distinction is commonly drawn in continental countries between constitutional law and administrative law; but because English law is not codified or officially systematized, English jurists have found difficulty in determining the distinction" Jackson, Hood and Leopold (2001, p.9). The British constitution and the constitution law, definition of both are rather controversial, though the scope is unlimited because it covers all aspects of the relationship between individuals and authorities. Fundamental law of the state does not remain unalterable, and British constitution is the result of constitutional conventions as the constitution still stands unwritten. It declares Parliamentary Sovereignty (now with the European dimension), with autonomous power to the judiciary, which could sometimes, momentarily thwart any government effort1. Then Britain has to reckon with the EU and the connected laws, where most of the British laws were undermined and become subordinate to the EU laws. European Court of Justice can overrule all the acts of the Member Countries and the Courts in every member country, including Britain are asked to uphold the EU justice. In Britain this has become an issue of contention that Community law could override national laws. There are argume nts that British/People's/Parliamentary sovereignty is undermined and Constitution has lost its place. The limited sovereignty of the Member States still remains a difficult issue to gulp down not only in Britain, but also in many other member states. In addition, European Convention on Human Rights singed in 1950 could be considered as another encroachment in the national sovereignty. The decisions of the Court of Human Rights no doubt, are not directly enforceable depending on the circumstances; but it is coming closer. With the threat of home grown and external terrorism, Temporary Provisions are added into Prevention of Terrorism Act, 1989, might encroach individual rights in more ways than one. "Although constitutional theory tightly binds legitimacy and power with Parliamentary accountability, accountability and impartiality are considered to be increased by excluding certain functions from the constraints and influence of ministerial responsibility" Flinders (2002, P.17). Another issue that could threaten the constitution is the status of parliamentary sovereignty in Scotland, and the Queen's status was disputed on a few occasions2. Treaty and Acts of Union have been contested and the confusion still persists. "At any rate, with this possible, but unclear, exception for Scotland, the principle of parliamentary sovereignty in the United Kingdom remains probably the most basic tenet of our constitutional law," Yardley (1995, p.25). Under the British Constitution, even though Parliament is supreme, House of Lords, represented by hereditary and created peers continue to exist. The twelve Lords of Appeal

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