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Constitutional and Administrative Law

Category: Law Paper Type: Case Study Writing Reference: IEEE Words: 600

        With this context, we define the constitutional law or the administrative law as the field of law, which deals with the effective regulation of the public offices. They also include bodies that come into public sphere such as the European Union. This interesting field of law talks about the relationship of law with politics.  The issues dealt often are very controversial and important in the status quo. Connections between different levels of organization within government are also explored in this study. [2].

        The United Kingdom’s political system, which governs Great Britain and Northern Ireland, has intrigued many. Very famously, the constitution of the United Kingdom has never been compiled into a written document. Even then, the principles of United Kingdom’s constitution are clear. Historically, a famed document known as the Magna Carat was the one that started giving power to the parliament by ensuring that king consults the parliament. Courts, freedom of movement, land reforms and secularism were some of the other features of Magna Carat [3].

        Lawsuits against the misuse of power by public institutions, or failure to uphold human rights are practically possible as courts intrinsically have the right to do a judicial review. A court cannot declare the parliament void, but they can nullify the acts of any person or entity if they are illegal. Human Rights Acts also ensure the courts to work in a way that favors human rights and to make sure all laws passed and every decision made is compatible with human rights, ensuring balance of power within a country. Therefore, rights such as protection from unjustified arrest, privacy, freedom of aggregation, freedom of protest and freedom of speech are ensured. Anybody, be it private or public, can be stopped if they do not respect and uphold these rights, at least in theory. [3].

Power of the Parliament

    In the political system of United Kingdom, the parliament is extremely important. It powers include drafting new legislature; which could be changed by the future parliaments. However, it is not possible for courts to step in and change the decision without the aforementioned grounds. However, the role of parliament and the power it has is debated upon a lot, for example, what are the limits to a parliament’s power? [4].

Constitutionally what is the power of a parliament?

    People say that UK’s constitution is not jotted down, which is a factual inaccuracy. A better way of putting it is that the constitution is not compiled, even though its texts are written down at various places. Stature law is the law that is approved in the legislature and made part of the constitution.

Developments affecting Parliamentary sovereignty

    Parliament has given up its power by approving laws that limits its influence. They are a harbinger of maturation of political thought everywhere.

These are:

The Human Rights Act 1998

Power given down to Welsh and Scottish Assembly

Making a Supreme Court in 2009, and remove the function of House of Lords as to listen appeals.

Entering the EU in 1973

While theoretically, a parliament can still revoke these laws and therefore power is not truly given up, these events still change a lot.

References of Constitutional and Administrative Law

[1]

Mountvernon.org, "5 Issues at the Constitutional Convention," 2018. [Online]. Available: https://www.mountvernon.org/george-washington/constitutional-convention/issues-of-the-constitutional-convention/.

[2]

V. C. Jackson, "Paradigms of public law: transnational constitutional values and democratic challenges," International Journal of Constitutional Law, p. 517–562, 2010.

[3]

G. Sitaraman, "Our Constitution Wasn’t Built for This," 16 September 2017. [Online]. Available: https://www.nytimes.com/2017/09/16/opinion/sunday/constitution-economy.html.

[4]

Plato.stanford.edu, "The Rule of Law," 22 June 2016. [Online]. Available: https://plato.stanford.edu/entries/rule-of-law/.


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