Wednesday, May 6, 2020

The Uk Constitution And The United States - 1557 Words

Often the UK constitution is asserted to be the most unique in the world, as its sources are a piece of historical significance as they come from great British heritage. From the case of Jackson and others v Her Majesty’s Attorney General, Lord Steyn stated that ‘We do not in the UK have an uncontrolled constitution’. In general terms a person may judge the UK constitution to be uncontrolled due to it being unwritten, as it is derived from a wide range of sources. Which vary from common law to international treaties. However on the other side of the spectre, a written constitution is one like the USA’s, embodied into a single document. Putting aside the fact that the UK constitution is from a variety of different sources, it must be verified that it has worked successfully to this date from 1689 when ‘the supremacy of parliament over the crown’ was introduced, following the glorious revolution. It can also be said that, why would the UK const itution be classed as uncontrolled, if it has worked for hundreds of years and it is still going strong. A constitution is generally there for one purpose, it ‘sets out the framework and principal functions of the organs of government’ and by setting out these functions the UK has been growing and adapting. We in other words have an evolutionary constitution. If it ever came to a time where a written constitution was enacted, it would indeed disrupt the infrastructure of the UK as they are inflexible. Clear inflexibility is shown byShow MoreRelatedThe Uk s Constitution And The United States1485 Words   |  6 Pagesother Nations with a codified constitution, the UK has no single constitutional document- this means, she has no single constitutional document but whose main sources are, Acts of Parliament, Judicial decisions and Constitutional conventions. This essay looks at the features of the UK’s constitution, what a written constitution entails and whether or not it would be desirable for UK to embrace codification being the only European state with an unwritten constitution. There has never been a ‘constitutionalRead MoreThe United States And Uk Constitution1913 Words   |  8 Pagesinstitutions of state should be functionally independent and that no individual should have powers that span these offices. The principal institutions are usually taken to be the executive, the legislature and the judiciary.† Therefore, the organs of state as described by Montesquieu should operate separately order to successfully implement law and order to the UK. Comparing both the US and UK constitution, there are some very obvious differences. For example, the US has a written constitution whereasRead MoreThe Legal System Of The United Kingdom1000 Words   |  4 PagesThe legal systems of the United Kingdom and the United States share a number of obvious resemblances which stem from the history of the countries. Today, throughout England, Wales and Northern Ireland the primary legal system in place is still a Common Law system however the system in Scotland is a combination of both common law and civil law . A common law system will acquire the majority of its laws through past cases with inferior courts being bound by higher courts, in civil law systems thereRead MoreThe Constitutional System Within The United Kingdom1416 Words   |  6 Pagesand power of a government, but also state the relationship between government and individuals. Constitutionalism can be classified into two distinct categories: a codified written Constitutions (ie: United States), and an uncodified unwritten constitution (ie: United Kingdom). Some consider the UK constitution as a risk to the democratic society due to its flexibility and the chance of forming dictatorship. However, others believe that an uncodified constitution could be beneficial within a constantRead MoreThe Main Features Of The Uk1444 Words   |  6 Pagesquestion is whether or not the UK is in need of a codified constitution. The absence of a written constitution is peculiar in Europe , the UK is said to have a complex and comprehensive system of government which regulates the country. The purpose of this essay is to examine the present features of the UK s unwritten constitution in contrast with other European codified constitutions , an argument as to whether the United Kingdom is in need of a codified constitution will be formulated. This willRead MoreThe Constitution Of The United States Essay1455 Words   |  6 PagesThe constitution serves six purposes, by wh ich the people will attempt to: create a union, establish and maintain justice, maintain tranquility between our neighbors, provide for a common defense, promote the general welfare of the people and secure the blessings of liberty to ourselves and our posterity (Vile. 2015). The written constitution clearly limits the power of the government. Prohibiting the government from becoming dictators. The constitution of the United States clearly outlines howRead MoreEssay on Judicial Review980 Words   |  4 Pageschecks and balance step when concerning the government and the interpretation of the U.S. Constitution. Judicial review gives the court the power to review and change laws and government acts that violate the Constitution (Huq, n.d.). Allowing the court system this power helps prevent government officials from using the Constitution to illegally use their position in making laws and regulations in the United States. The judicial review was first used in an unusual way and under unusual circumstancesRead MoreComparative Law Report : United Kingdom And The United States1220 Words   |  5 PagesCOMPARATIVE LAW REPORT THE UNITED KINGDOM AND THE UNITED STATES CTEC 1412 COMPUTER ETHICS, LAW and PORTFOLIO RAJAT RAJPUT BSc Computer Science P15222274 CONTENT PAGE 1. Introduction 1.1 United Kingdom Jurisdiction 1.2 United States Jurisdiction 2. Main Body (comparison) 2.1 The Constitution 2.2 Creating Laws 2.3 The Lawyers 2.4 The Jury 3. Conclusion 4. References 1. INTRODUCTION: 1.1 The United Kingdom Jurisdiction: The United Kingdom of Great Britain andRead MoreSeparation of Powers in the Uk Essay1464 Words   |  6 Pageswithin a constitution. Particular emphasis will be placed on identifying how this idea is incorporated into the United Kingdom’s (UK) constitution and the effect that recent developments of constitutional reform such as the introduction of the UK Supreme Court in place of the House of Lords has had. The doctrine of the separation of powers is an idea that can be seen in writings as far back as the time of Aristotle. This concept states that any constitution relies on the ‘three pillars of state’ whichRead MoreThe First Year Of The Magna783 Words   |  4 Pagesdebate of whether or not it is time for the UK to adopt a written constitution has resurfaced, paving way for contrasting arguments relating to the need for modernisation in the 21st century, against the need to retain tradition. It must be mentioned that for the purposes of this discussion the term ‘unwritten’ is in the context that the UK constitution is not recorded onto a single codified document. While not presented onto a single document the constitution is ’written’, and as appropriately stated

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