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Good and bad things about the uk's unwritten constitution
The history of separation of powers in the uk
United kingdom constitution assignment
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Theory of Separation of Powers
Constitution is a set of rules which details a country’s system of government (Elliott & Quinn 2009, p. 2). Most of the time, the constitution is a written document, but in Britain, the constitution cannot be found written down in one document, and is known as an unwritten constitution. There are three basic fundamental principles of Britain’s unwritten constitutional tradition which are:
• The Separation of Powers;
• The Supremacy of Parliament; and
• The Rule of Law
Separation of powers, briefly explained, is the principle that too much power should not be invested in the hands of a single person or body (Elliott & Quinn 2009, p. 1). The Theory of Separation of Powers holds that the three organs of government
The basis of Montesquieu’s theory was that these types of power should not be concentrated in the hands of one person or group, since this would give them absolute control, with no one to check that the power was exercised for the good of country. Montesquieu stated that each type of power should be exercised by a different body, so that they can keep an eye on the activities of the other and make sure that they do not behave unacceptably (Elliott & Quinn 2009, p. 1). Since all three powers are related and dependent on one another, it would be dangerous to a body having a complete control over all three by having the three essential powers of a
Lord Chancellor has played a central role in the English legal system, but the position is currently being reformed following persistent criticism due to the theory separation of powers which stated that the state powers should operate independently and any of it should not be combined. The Lord Chancellor has had such wide powers, which extended to all three state powers. First, the Lord Chancellor’s judicial power which is one of the most prominent power that he has. The Lord Chancellor has been a judge in the House of Lords and Privy Council, President of the Supreme Court, and he has also officially been President of the Chancery Division of the High Court. As for his legislative role, the Lord Chancellor has been a Cabinet Minister and Speaker of the House of Lords. Although technically appointed by the Queen, the Lord Chancellor is actually chosen by the Prime Minister and goes out of office when that party loses an election, as well as being eligible for removal by the Prime Minister. The executive power of the Lord Chancellor is government minister, he was at the head of the Lord Chancellor’s department. He had powers to give directions about the business of the courts, and responsibility for the Law Commission and the state funding of legal services. Most controversially, he has had control over the judicial appointments. It is clear that the powers of Lord Chancellor is against the theory of
The separation of powers separates the central government into three branches. The three branches are the executive branch, the judicial branch, and the legislative branch. All of the different branches have power over specific things. This guards against tyranny because it doesn’t allow any of the branches to do whatever they want. In Doc B, it says that the great departments of power should be separate and distinct. This helps because if they all had the same power, they would have control over anything they wanted to.
The separation of powers keeps any one branch from gaining too much power by creating 3 separate, distinct branches power can be shared equally among. According to Madison, “Liberty requires that the three great departments of power should be separate and distinct.”(Document B) In other words, to avoid tyranny and achieve liberty, the three branches of government (executive, legislative, and judicial) must be separate and diverse. The purpose of a separation of powers is to divide the powers of the government so there is not only one central source of power. The three branches must be as distinct as possible to avoid falling into the hands of one individual leader. There are also checks and balances between these three branches. Checks and balances are a system of each branch monitoring an...
In Mellon’s article, several aspects are mentioned supporting the belief that the prime minister is too powerful. One significant tool the prime minister possesses is “… the power to make a multitude of senior governmental and public service appointments both at home and abroad,” (Mellon 164). Mellon goes on to state the significance the prime minister has when allowed to appoint the government’s key member...
At the heart of any government is the constitution, and here we discover the first major difference between the American and British democratic systems. The Constitution has never been written in one conclusive and final document, but depends largely on practices accumulated over the years. “Its most important features are no part of its formal and legal structure and have little other sanction beyond use and precedent.” (Amery 1) This easily adaptable format differs sharply from the American Constitution, a formal organization written at the start of the Union and which created formal means by which the Constitution could be changed.
Liberal democratic society emphasises a need for separation of power/ three branches/ oversight, to prevent a large concentration of power and uphold liberally democratic values. May be useful to make use of and quote Montesquieu’s separation of powers system, the “tripartite” system, from “In the Spirit of the Laws” (1748):
The Constitution is the supreme law of the United States that provides framework for the organization of the government. The Constitution was made from May 25- September 17, 1787 in Philadelphia to revise the Articles of Confederation, however the founding fathers replaced the Articles. There was several controversy in giving the leaders too much power, therefore the Constitution made basic principles, (o/i) three branches of government, (Doc 1) a system of checks and balances, (Doc 2) and included the Bill of Rights. (Doc 3)
The enactment of general laws is controlled by the legislative branch however their work does not just involve legislature. The execution and implementation of the law is controlled by the executive branch, they carry out the functions, powers and duties involved with general legislature. This branch has been described as ‘functions of the state that occur once legislative and judicial functions have been outlined’ . The settling of disputes arising from the law is controlled by the judicial branch. This branch puts the law into action and involves statues and common law. It involves interpreting and applying law to a specific previous case. As Lord Templeman stated in M V Home ‘Parliament makes the law, the executive carry the law into effect and the judiciary enforce the law’ . The relationship described between the branches is one of ‘checks and balances’.
Separation of powers is the separation of branches under the constitution by the legislative, judicial, and executive branches of government. Federalism is a government system that includes the national government, which shares sovereign powers with fifty state governments.
They function in regards to the executives is to ensure that the delegated legislation is reliable with the power given by the parliament and lawfulness of government action and other. However there is an overlap which can be in the case of M v Home office [1994]. In this case, M was an asylum seeker and his application was refused, so orders, deportation by the Home Secretary even the High Court judge made it clear that he must stay in the country until court resolved the matter but the Home Secretary ignored and deported M to his country. The home office was held as contempt of court as they ignored what the judge said. This shows even though he was a minister doesn’t mean that he is above the law because no one should be above the law because its judges (judiciary) to apply law not the Home Office (executive) and it is their duty to obey
Firstly, I am going to discuss the core definition of a constitution, exploring the difference between codified and uncodified and assessing the complications of the two categories. Secondly, I shall explain the essential characteristics of a constitution as outlined by FF Ridley, applying Ridley’s test to the United Kingdom in order to establish whether the country can be defined as a constitution. Finally, I will analyse the advantages and disadvantages of adopting a codified constitution, evaluating other countries in comparison to the United Kingdom, to determine which would serve the country most appropriately.
The Theory of Separation of Powers wrongly assumes the equality of all the three organs of the government. The legislature of the state is always regarded as the primary organ of government. The work of the government begins by law-making. However, in actual practice the executive acts the most powerful organ of the government. The judiciary is the weakest of the three organs, yet it is always held in high esteem by the people. Hence the three organs are neither equal nor equally respected.
Separation of powers refers to the division of government responsibilities into distinct branches to limit any one branch from exercising the main functions of another. The main intention is to prevent the concentration of power and provide for checks and balances. The principle of separation of powers is laid out in Articles I, II, and III in the constitution, in an effort to avoid oppression. The check and balances play the roles of the three branches of government. This structure was furnished so that no one branch will over power the other. The three branches are organized to help one another by being self-governing of the other. The legislative branch contains congress, the judicial branch contains the courts, and the executive branch involves the president.
Therefore, the public can still have reference and information about the law. Besides, to put a relative straightforward task to each branches is impossible. It is because, they depend on one another, although they have separation of powers. Due to flexibility in making responsibilities it is easy for UK to ensure that they can establish a good set of law. It is considered to be good enough for a top world country in the world like
A constitution is “the system or body of fundamental principles under which a nation is constituted or governed; it sets up the framework for the Government itself.” Unlike most other nations, New Zealand does not have a singular constitutional document that outlines principles comprehensively. On the contrary our constitution is made up of many different elements, such as the New Zealand Bill of Rights 1990, the Constitution Act 1986, Constitutional Conventions and parliaments standing orders, as well as a number of further documents and constitutional principles. These elements collectively effectuate the ideas and principles integral to our countries successful governance. The fact that our constitution is not codified in a singular supreme written document is unlike other nations. The most distinctive part of New Zealand’s constitution, when compared to other nations, is that our constitution is not a supreme form of law. The idea of a supreme law constitution is that when ordinary law conflicts with constitutional law it can be declared void by the courts. Codifying all individual constitutional documents and conventions into a supreme law constitutional, would result in a greater check on legislative power. This would result as the Judiciary could strike down legislation if it did not align with the constitutional principles.
A constitution is often defined as the main body of rules either written or unwritten, which describes the government and its method of operation. Besides a constitution just being a set of rules which governs an organisation, it goes into much deeper depth. According to Thomas Paine, he reveals that a constitution is something that is pre-existing to a government, giving legitimacy and defining powers under which a government may act. Due to Britain’s unwritten constitution, there was a sense of ambiguity in the word and whether if there was a constitution at all. Ironically, United Kingdom was once described as ‘the mother country or modern constitutionalism’. This goes to show that constitutionalism here does not require the existence