StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

Unwritten Constitution - Essay Example

Cite this document
Summary
Constitution is not the act of a government, but of a people constituting a government, and a government without a constitution is power without right.a constitution is a thing antecedent to a government; and a government is only the creature of a constitution.
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER96.8% of users find it useful
Unwritten Constitution
Read Text Preview

Extract of sample "Unwritten Constitution"

Download file to see previous pages

Paine’s definition of constitution is based upon 4 premises: 1. the constitution precedes and establishes the system of government; 2. the people are the superior authority; 3. the constitution binds the Legislature and the Judiciary; 4. it is entrenched, designed to limit the powers of the Executive, and can only be changed by special procedures. Wheare, (1966), defines a constitution as: “[T]he whole system of government of a country, the collection of rules which establish and regulate or govern the government.

” The Select Committee on the Constitution appointed in 2001 uses the following working definition: “[T]he set of laws, rules and practices that create the basic institutions of the state, and its component and related parts, and stipulate the powers of those institutions and the relationship between the different institutions and between those institutions and the individual.” In most constitutions a concentration of powers is avoided by keeping the legislature, executive and judicial powers separate.

This ensures that certain rights of the citizen are beyond the reach of the organs of government and are entrenched by requiring a special legislative procedure if they are to be amended. However, commentators in the UK prefer a wider definition. . Further as Bradley & Ewing point out:"In practice, a written constitution does not contain all the detailed rules upon which a government depends."6 The jurist and legal historian, Lord Hailsham believes that a written constitution is not necessary pointing out that: "The essential ingredientsare a strong executive based on an omnicompetent and elective legislatureregular electionspowerful and independent oppositionand limitedby convention and precedentand regulated more by checks and balances deriving from political constraints and necessities than by a written legal code policed by a Supreme Court.

"7It is misleading to refer to the British Constitution as 'unwritten': "from the Magna Carta to the Local Government Acts most of our constitutional law is contained somewhere in the growing volumes of written Acts of Parliament."8 Hailsham sees no particular reason for a codified constitution since he argues that:"Throughout our history, our Constitution has proved flexible, sensitive and almost infinitely capable of evolutionary adaptation. "9 The flexibility of an 'unwritten' constitution allows the people to vote out the Executive when necessary and for majority rule.

Countries with written constitutions have the equivalent of a Constitutional Court which has a remit to amend the constitution.10"It is an axiom of our constitutional law that no parliament may bind its successor.A traditional constitution, changing and evolving with the needs of a nation, may well prove more flexible and practical than the legal strait-jacket imposed by a 'written Constitution'."11 As examples Hailsham looks at the first two articles of

...Download file to see next pages Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Unwritten Constitution Essay Example | Topics and Well Written Essays - 750 words”, n.d.)
Unwritten Constitution Essay Example | Topics and Well Written Essays - 750 words. Retrieved from https://studentshare.org/law/1509271-unwritten-constitution
(Unwritten Constitution Essay Example | Topics and Well Written Essays - 750 Words)
Unwritten Constitution Essay Example | Topics and Well Written Essays - 750 Words. https://studentshare.org/law/1509271-unwritten-constitution.
“Unwritten Constitution Essay Example | Topics and Well Written Essays - 750 Words”, n.d. https://studentshare.org/law/1509271-unwritten-constitution.
  • Cited: 0 times

CHECK THESE SAMPLES OF Unwritten Constitution

The British Constitution

This research paper “The British constitution” seeks to discuss the statement 'Britain's constitution has by and large been a success' made by Barber N.... nbsp; … The author states that the important feature of the British constitution is that it has no written constitution, which lends flexibility and discretion to the judiciary in taking decisions.... nbsp; Parliamentary sovereignty is the main feature of British constitution....
9 Pages (2250 words) Essay

Albert Venn Dicey and the Modern UK Constitution

Institution Tutor Albert Venn Dicey & the Modern UK constitution Course/Number Date Department Introduction The rule of law in Britain has immensely benefited from Albert Venn Dicey (4th February 1835- 7th April 1922).... Dicey was a British jurist and a constitutional theorist, for which he is well known for his work, An Introduction to the Study of the Law of constitution, dated 1885.... In his 1885 book An Introduction to the Study of the Law of constitution which is often and simply referred to as Law of the constitution contended cogently and successfully that: all people are equal before the law; no one is punishable unless he has clearly breached the law; and that there is no set of laws whose authority exceed that of the courts....
12 Pages (3000 words) Essay

Ruling Principles of the British Constitution

Mainly because of the reason that Britain has an Unwritten Constitution, it can evolve, molding itself to the changes that take place over time in the political and legal circumstances.... A constitution is defined as the set of rules and principles that have an authoritative value, which defines and specifies the location of powers that have to be regulated by the public authorities.... hellip; Once a constitution is in effect, the rules or the whole set of rules cannot be changed easily....
7 Pages (1750 words) Essay

Lack of Written Constitution in U.K

This essay stresses that lack of written constitution in U.... The advocates of written constitution reiterate that it would offer greater democracy and accountability.... constitution is unwritten.... hellip; This research essay analyses the need for a written constitution for U.... Unlike Germany and France, Britain has not been compelled to draw its constitution due to famous revolt.... Unlike Germany and France, Britain has not been compelled to draw its constitution due to famous revolt like French revolution or through war....
9 Pages (2250 words) Essay

The British Constitution

This paper seeks to discuss the statement 'Britain's constitution has by and large been a success' made by Barber N.... Parliamentary sovereignty is the main feature of British constitution.... nbsp;… As tyhe paper highlights the constitution is unwritten in one single document, it is not entirely unwritten.... nbsp;Parliamentary sovereignty is the fundamental principle of the un-codified British constitution.... nbsp; This discussion outlines that parliamentary sovereignty is the main feature of British constitution....
8 Pages (2000 words) Essay

Constitutional Law of the United Kingdom

Courts have the authority Number] Constitutional Law United Kingdom has the legacy of having an uncodified or Unwritten Constitution.... Uncodified or Unwritten Constitution does not mean bringing a constitutional change is easy.... The uncodified constitution of United Kingdom gives Parliament utmost supremacy; that statues… Parliament can bring about changes in the constitution through Acts of Parliament1.... The uncodified constitution of United Kingdom gives Parliament utmost supremacy; that statues passed by the UK parliament are superlative....
2 Pages (500 words) Essay

Principles of the Constitution

Americas Unwritten Constitution: The Precedents and Principles We Live By.... As… ch, the system of checks and balances as set by the constitution bars each of the arms of government from usurping all the powers and overruling the duties and decisions taken by the other arms of government, such as the executive becoming dictatorial (Amar, 2012). The three Principles of the constitution Principles of the constitution Self-Government A political system in which citizens of a country rule themselves and control their own affairs2....
1 Pages (250 words) Essay

Contemporary British Politics and Contemporary Political Ideologies

This has led to renewed calls for a written constitution for the UK.... Liberalism as an ideological principle within the British constitution reflected the increasing influence of capitalism, as well as being a result of the legal and political supremacy of Parliament....
7 Pages (1750 words) Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us