Term Paper on "British Law the United Kingdom Government"
Term Paper 4 pages (1259 words) Sources: 10
[EXCERPT] . . . .
British LawThe United Kingdom government has been in existence for hundreds of years and in that time little has changed. Whereas other governmental systems divide up the power into three groups, the legislative, judicial and executive branch and all the powers of these branches are expressly spelled out in the Constitution, British law is run on precedent, written documents, statutes, treatises and judgments the power of which comes from parliament. As a result, British Law has become known as having the unwritten constitution. This premise is supported in history books with quotations such as, "No Act of Parliament can be unconstitutional, for the law of the land knows not the word or the idea." (Chrimes 42). As time passed, the right of parliament to make critical decisions and implement laws became known as the doctrine of parliamentary supremacy. Parliamentary supremacy is the historical idea that within a parliament rests the sole discretionary power to create, amend and nullify law (Lakin 399).
In modern times, however, actions on the part of the United Kingdom has called into question whether parliament still has true supremacy as more and more decision-making power has been given away and parliament itself has drafted laws which limit its ability to truly be the ultimate law of the land. In order to fully analyze the current state of parliament in British law the system must be addressed with regard tot he Dicey's doctrine, external limits, and internal limits currently effective parliament's sole power.
The Dicey's doctrine is a historical analysis of the power of Parliament as it existed in 1885. According to this doctrine Parliament is comp
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There have been two primary external limits placed onto Parliament's sovereignty: European Union law and the European Convention on Human Rights. Upon entering the European Union, Britain gave up its sovereign statehood and agreed to abide by the European Union's laws. Under the European Union, there are primary, secondary and supplementary laws that all members of the union must follow. None of these laws are created by Parliament and any of the European Union laws that contradict Parliament immediately overrule Parliament's authority. As discussed in Himsworth's article certain European regions, including England, have called into question the practice by the EU as being a destruction of independent countries. Many others now see it necessary to consider the concept of being a global instead of a certain country's citizen (658). In other words, citizens that were once under the exclusive power of Parliament must now submit to an overarching authority. While such action would seem to usurp Parliamentary authority, the one sustaining point that over-acrches the European Union's authority is that the individual member's states must be insufficient to the EU law (Haughwout 24). Thus, Parliament could overrule EU law by enacting laws equal or… READ MORE
Quoted Instructions for "British Law the United Kingdom Government" Assignment:
The ***** are very sensitive about plagiarism, please avoid plagiarism. The word count for this assignment is 1,200 words and the essays that are more than 5% over this figure will be penalised. I will send some articles please use them and the rest you can find online, but please find some online books.
The structure should be,
1) intro - unwritten constitution/ system in UK/ parliamentary supremacy
2) presenting the Dicey*****'s doctrine
3) over the years the original doctrine has been affected. ( External and internal limits)
external limits- EU Law/ECHR
internal limits- Devolution
(you can use 2005 Reform Act as a proof of enhancing)
4) the conclusion
One of the most important thing is to be critical. They cut all points if the essay is not critical, please try to show both sides and be critical.
*****
How to Reference "British Law the United Kingdom Government" Term Paper in a Bibliography
“British Law the United Kingdom Government.” A1-TermPaper.com, 2012, https://www.a1-termpaper.com/topics/essay/british-law-united-kingdom/118101. Accessed 1 Jul 2024.
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