Politics And The Constitution Essays On British Government

Politics And The Constitution Essays On British Government-69
Moreover, another significant creation is the development and importance of the common law in the UK’s constitution.There are landmark cases which have expanded the common law in a constitutional context, and which remain of constitutional significance.In the first respect, the Queen demonstrates a constitutional convention by possessing personal prerogatives.

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Conventions are important in helping define the UK constitution as they have a normative value that mere habits shouldn’t- they will not be enforced in courts, as seen in Madzimbamuto.

They are the source of the non-legal rules of the constitution, and whilst they may be characterized as being associated with laws, they are simultaneously distinct from them.

A second category of conventions lies with government and parliament, for instance, ministers are responsible and accountable to Parliament for the conduct, policy and administration of their departments.

Other forms where conventions arise are for instance, how the UK Government won’t normally legislate in areas devolved to the relevant Scottish, Welsh and Northern Ireland bodies without consent (the Sewell Convention).

For instance, the Bill of Rights 1689 and Stockdale v Hansard recognised the supremacy of an act of parliament, signaling the importance of this creation and allocation of constitutional power.

Griffith and Tomkins who place a great deal of faith in the principle of accountability of government to Parliament would support this view that statute law remains a hugely significant creation of the institution of the State.

A particular judicial precedent of the case of Entick v Carrington highlighted the importance of this creation in regards to defining the UK’s constitution.

This concerned trespass and placed limits on powers of the Crown and the Secretary of State to interference with a person or property without lawful authority.

They regulate the relations between those institutions and the citizens they govern The UK’s system achieves this objective through the laws and customs of Parliament.

There is a clear obligation of ministers to make themselves accountable to Parliament, this can be seen through the requirement of PMQ’s, elections, Individual Ministerial Responsibility, media publicity and the ability to produce a motion of no confidence.


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