The royal prerogative is a source of constitutional law; it is derived from common law powers that have been handed down from the monarchy to the executive. The significance of the prerogative in constitutional law is that it provides the executive with considerable power to act without following ‘normal’ parliamentary procedures. As Dicey explained, the prerogative is ‘every act which the executive government can lawfully do without the authority of an Act of parliament’. In constitutional terms, it is therefore important to explore the means by which the UK constitution secures the accountability for the exercise of prerogative powers by the executives. Historically the prerogative was exercised by the monarchy, the majority of powers are now used by ministers, and very few remained the personal preserve of the sovereign. The extent to which the judiciary and the legislature are able to regulate the exercise of prerogative powers by the executive has increased. However, there are still some who are concerned by the lack of control that can be exerted by the other constitutional bodies. The challenges to the power of the Monarch was by the reign of James I (1603-25) the monarch was faced with an increasing effective Parliament, culminating in the temporary abolition of the monarchy in (1625). Consequently, the monarchy’s powers were eroded by both revolution and by legal challenges, which included the case of Proclamations (1611) , the monarchy could not change the law by proclamation. The law of the land, which required that the law be made by Parliament, limited the prerogative. In the case of Prohibitions Del Roy (1607) the Monarch had no right to act as a judge, and in the case of the Ship Money Case (1637), although th... ... middle of paper ... ...90. Public Law: Text, Cases, and Materials by Andrew Le Sueur, Maurice Sunkin and Jo Murkens (Paperback - 12 Aug 2010) chapter 8 p 368-418 Straw, J, ‘Abolish the royal prerogative’, in A. Barnett Ed., Power and the throne; the monarch Debate (1994) London: Vintage, p. 129. Websites http://www.parliament.uk/documents/commons/lib/research/briefings/snpc-03861.pdfaccessed on 16/03/2012 http://www.law201.co.uk/95.pdfaccessed on 16/03/2012 http://www.oup.com/uk/orc/bin/9780199219742/01student/mindmaps/loveland_mindmaps_royal_prerogative.pdfaccessed on 17/03/2012 http://www.justice.gov.uk/royal-prerogative.pdf accessed on 17/03/2012 http://www.justice.gov.uk/royal-prerogative.pdf accessed on 18/03/2012 http://www.official-documents.gov.uk/document/cm71/7170/7170.pdf accessed on 19/03/2012 Other Further reading was from the lecture notes by Dr.PareshKathrani.
Due to the unstable political environment of the period 1399-1509, royal power varied from monarch to monarch, as parliament’s ability to limit this power fluctuated. There are several factors in limiting royal power, including the king’s relationship with parliament, royal finances and a king’s popularity, often due to military success. The most significant of these factors, however is the king's finances, as one of parliament's primary roles was to consider the king’s requests for taxation, and thus denying these requests would have been one of the few ways to effectively limit royal power.
Opposition to Charles’ personal rule between 1629 and 1640 was aimed at him from a number of different angles.
In his essay, “The Fence of Lies,” Mario Vargas Llosa explores the potential consequences of building a wall across the Mexican-American border. He argues that, if built, the wall would be ineffective and a waste of resources. He proposes that the money allotted for the border wall be used instead to offer better job opportunities to Latin American citizens within their own borders. However, this proposal is unrealistic as it offers no real solutions to the economic problem of illegal immigration, nor is it an effective plan.
When the term “monarch” is used, the first thing that comes to mind is a bombastic king and queen with unlimited power. The reality is, this is not always true. The definition of a monarch is “someone who is the head of a state government, either in reality or symbolically” (Nederman 2). Such a government is known as a monarchy. A monarch usually either inherits sovereignty by birth or is elected. Either way, a monarch typically rules for life or until abdication. Depending on the type of government in place, the “monarch’s true power varies from one monarchy to another” (Nederman 2). They may be complete tyrants, known as an absolute monarchy. On the other hand, they may be ceremonial heads of state who exercise little or no power and are only a figure head which is known as a constitutional monarchy (Nederman 2). These different types of governments have all been around for about the same amount of time. However, some are more renowned than others.
The creation of borders and boundaries has been around since the beginning of civilization. The division of property and possessions among individuals establishes a sense of self-worth. The erection of fences and walls keeps property separate. Walls also serve as a means of separating worlds. Modern society demands the creation, and maintenance of these boundaries. In his poems, “The Tuft of Flowers,'; and “Mending Wall,'; Robert Frost explores the role that walls play in our lives. He examines how the lives of men are both separated, and drawn together by walls.
Larkin, ‘Debunking the idea of Parliamentary Sovereignty: The Controlling Factor of Legality in the British Constitution’ (2008) OJLS 709 2, p 61.
The British public’s view on the monarchy has changed tremendously over the past two centuries. Because of this, the monarchy’s social and political roles have been steadily declining. The reasons behind this are the Great Reform Bill of 1832, growing political parties, and the actions of the Royal Family.
What are borders and what do they represent? In Gloria Anzaldua’s reading Borders/La Frontera, she writes about how borders are all invisible and they exist to create separation and difference. Not only that, but she refers to an area called the “borderlands”; which is an area of “mezcla”. Mezcla is spanish for a mix, and that can refer to the people today in our society and unique areas unknown to the American or Mexican culture. Through Anzaldua’s writing she is arguing that today barrier have been created that separate society and even people close to us. Whether that border be invisible or actually there, language and sexuality are major contributors to the disconnect between human beings today.
An issue that has remained debatable since the Jackson litigation was what ought to be the ultimate controlling factor in the British constitution: parliamentary sovereignty or the rule of law. This essay sets out to consider the reputedly irreconcilable tension between the two fundamental constitutional principles by analysing the extensive obiter dicta in Jackson and relating it to judicial review which upholds the rule of law. The contention of this essay is that despite the courts' deferential attitude towards the sovereignty of the laws of Parliament, the rule of law may potentially gain dominance and surpass parliamentary sovereignty to become the ultimate controlling factor in the British constitution.
One of the most influential and celebrated scholars of British consistutional law , Professor A.V Dicey, once declared parliamentary soverignity as “the dominant feature of our political insitutions” . This inital account of parliamentray soverginity involved two fundamental components, fistly :that the Queen-in-Parliament the “right to make or unmake any law whatever” and that secondly “no person or body is recognised by the law of England as having a right to override or set aside the legislation of Parliament.” . However this Diceyian notion though an established principle of our constitution now lies uneasy amongst a myriad of contemporary challenges such as our membership of the European Union, the Human Rights Act and a spread of law making authority known as ‘Devolution’. In this essay I shall set out to assess the impact of each of these challenges upon the immutability of the traditional concept of parliamentary sovereignty in the British constitution.
The RP helps to keep our powers separated which avoiding the judicial tyranny. After the formation of the two houses of parliament, which called the legislature, the creation of our statutes prevail to the RP. In the case of De Kayser, RP and statute found to co-exist and statute prevails, for the reason that the representatives in the House of Commons are elected from the public in order to create statute to help the development of the country. Moreover, the constitutional conventions are also part of our unwritten constitution and have conflict to the royal prerogative. Some of the RP powers are included to the conventions such as the automatic granting of royal assent, which the Queen should sign after the convention. Finally, the fire brigades union case mentioned that the executive cannot exercise the prerogative in a way which would derogate from the due fulfilment of statutory duty. The data indicates that the current prime minister, has power to overrule the UK’s parliament recent vote of a military intervention in Syria by using the RP which bypass any common decision of acts of war. Generally, powers such as the parliamentary immunity and prerogative powers, destroy the equality and justice of the society, by giving permission, to avoid the soft process of the legitimate society and finally breaking the rule of law. Supporting this argument, a member of parliament, Jack Straw strongly
The strict supremacy of statute over judicial decisions and a tradition of literalism in statutory interpretation, 2. Where no legislation exists, the courts are bound by the doctrine of precedent in accordance with a strict hierarchy of judicial authority, 3. In the absence of a relevant precedent, the judges will be guided by legal principle and reasoning by analogy, and 4. There is a clear way of distinguishing the ratio of a case. A key feature of the unwritten constitution is ‘the separation of powers’.
The wall is a simple stone structure, but the narrator feels as if it creates two separate worlds between the men. It’s unnatural, something that even nature doesn’t love, as it “ sends the frozen-ground-swell under it / And spills the upper boulders in the sun” (ll 2-3): that is to say, when the ground freezes in cold weather, the stone divider begins to fall apart, as if nature never wanted it there to begin with. The neighbor, on the other hand, adores the wall, and repeatedly tells the narrator, “good fences make good neighbors” (l 27). It’s a statement the narrator has learned to despise. Why must they put any border between one another? The only purpose it serves is to make the narrator feel more isolated from his neighbor, who is more than happy to keep others out. No matter how much the narrator pleads to be rid of the barrier between them, the neighbor simply claims, “good fences make good
Judicial review seeks to enforce and uphold constitutional doctrines which govern the UK’s uncodified constitution by scrutinising administrative action. One constitutional function of judicial review is to enforce the rule of law. It can be argued, in defining the rule of law as “negative value...designed to minimised the harm to freedom and dignity which the law may cause in its pursuit of its goals” Joseph Raz characterised judicial review. The principle of which states the executive is to be ruled by the law and subject to it.
Walls comes in different elements from stone to the human mind. In Robert Frost’s poem “Mending Wall”, he wrote “Before I built a wall I’d ask to know what I was walling in or walling out, and to whom I was like to give offense.” A person, before he puts up a wall, needs to know exactly who and what they are trying to wall in or out. For generations, walls were used to protect, as well as keep out those affected by the wall. People used emotional walls to keep feelings from others, but in the 20th century science and psychology, came into play and people started noticing the reasons behind this figurative wall that they were creating. I have had many occurrences in my life that I had to build that invisible