...treated same as ordinary laws ▪ Not entrenched, constitution can be changed through the normal process for enacting statute law. ▪ Not judiciable, judges do not have legal standard to declare that actions of other bodies are constitutional/not constitutional. o However: ▪ No constitution is entirely written, written documents do not encompass all aspects of constitutional practice ▪ No constitution is entirely unwritten, no constitution consisting only of rules of conduct or behaviour. • Unitary and federal o Unitary – establish constitutional supremacy of central government over provincial and local bodies. Reflected in UK via Parliament o Federal – divide sovereignty between 2 levels of government, both central and regional posses a range of powers that the other...
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...‘The UK would benefit greatly from the introduction of a fully codified constitution’ Discuss Plan Arguments against * Ruins the doctrine of sovereignty-Parliament sovereignty is effectively beaten. * Judges have to police the constitution and effectively interpreted. – Threat of judicial tyranny. Codified constitutions cannot be interpreted by the public so the judges would have to interpret it which could bring out preferences and values of senior judges * Un-necessary- doesn’t Philly limit governments * Hard to change * Easily outdated * Legal documents created at one point of time rather than a document which has been endorsed by history and created over time Arguments for * Clear rules * One codified document * Limited government * Neutral interpretation * Protecting rights of individual liberty * Education value – highlight certain values and strengthen citizenship Introduction The argument of a codified constitution has been a debated subject for a long time within the UK political spectrum. The argument stands at present moment that if the UK should or should not implement a codified constitution. Both sides of the argument withstand staggering evidence both in favour and factors denouncing the idea being drawn at the same time. The fact of a codified constitution would invoke a greater judicial intervention within the UK – maybe even put the state under risk of judicial tyranny. On codified constitution we...
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...Constitution Assignment The case of West Bengal v/s union of India arises from the point of conflict of encroachment of the power of the state vis-à-vis the union parliament. The case came to place because Under the Coal Bearing Areas (Acquisition and Development) Act, 1957, enacted by Parliament, the Union of India proposed to acquire certain coal bearing areas in the State of West Bengal. The State filed a suit contending that the Act did not apply to lands vested in or owned by the State and that if it applied to such lands the Act was beyond the legislative competence of Parliament. The main question raised in this case was sovereignty of legislatures, central vis-à-vis the constitution. As has been held of the following case of State of West Bengal v/s Union of India it was held that “The Constitution of India is not truly Federal in character. The basis of distribution of powers between the Union and States is that only those powers which are concerned with the regulation of local problems are vested in the States and the residue specially those which tend to maintain the economic industrial and commercial unity of the country are left to the Union.” It is not correct to say that fall sovereignty is vested in the States. Parliament which is competent to destroy a State cannot be held, on the theory of absolute sovereignty of the States, to be incompetent to acquire by legislation the property owned by the States. Even if the Constitution were held to be a Federation and the...
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...In the United Kingdom, we have a constitution that is uncodified and therefore not entrenched within our politics. Essentially, this makes it far easier to amend than a codified one and thus some groups have begun calling for such a constitution to be introduced. These groups cite the constitution in the USA, which forms the foundation of all political decisions; if a proposed law is found to go against the constitution, it is rejected. Supporters of a codified constitution for the UK say that this will give citizens inalienable rights which cannot easily be manipulated or even overturned by the government. A constitution is based around a general consensus of what people should be able to do or not do. Constitutional agreement forms the foundations of the concept of a rule of law. In the USA, their written constitution means that the relationship between citizens and the law is clearly defined. If a constitutional law is violated, there can be no debate over it. This means that the law has more authority in the land. However, in the UK, there is not one legal standard of our constitution and thus whether or not it was violated can be questioned. This can potentially lead to a moving of the goalposts – if the constitution is not entrenched, it is easy to change. Therefore it is impossible to hold everyone to the same standard even though the rule of law states that everyone is bound by it, because the government can essentially do what it likes in terms of manipulating or...
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...Insider, October 5) that the Malay Rulers “retained their sovereignty while under British rule, [even though] they were compelled to accept advice from their colonisers.” This may make practical sense to a political “spinmaster”, sloganeer or “message manager” and certainly to a political party leader and spokesman. But to an informed student of political philosophy it makes no good or clear sense. If by “daulat” one means a traditional aura of royal sanctity, grounded broadly in Southeast Asian (and originally Hindu-Buddhist) cosmology, then the largely powerless Malay Rulers may have enjoyed that kind of metaphysical prestige. The British not only permitted but actively encouraged them, in their mutual interest, to enjoy that kind of sublime elevation and closely managed dignity. But if one here means sovereignty in the jurisprudential and political-philosophical sense of absolute, or at least ultimate, reality-defining authority, then under the British the Malay Rulers were regrettably bystanders, or largely sidelined outsiders, to that kind of rule-grounding and law-founding political standing. That may be an unpalatable conclusion to draw. But unpleasant truths too must be faced. The Malay Rulers, sad though the point may be for many to accept, were not, during the years of British rule, the ultimate basis of effective, operative, everyday political reality. In that sense effective sovereignty had moved elsewhere. It had been seized and appropriated by...
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...their constitution similarly to almost every other constitution? A codified constitution means the constitution is all collected in one single document, it is commonly known as a written constitution. One hand there are arguments supporting the view that the UK should adopt a codified constitution. If it were to be introduced there is an argument that it would make the rules clearer. If they are in a single document, there are more clearly understood and create less confusion as they aren’t spread across several different documents. Another argument for codified constitution is that it would undermine the principle of parliamentary sovereignty. The government could not interfere with the constitution if it was codified they would not have unlimited political authority. Meaning the fundamental rights could not be altered under the parliaments command without an intense judicial process. Similarly, if the UK constitution was codified it would protect rights of citizens as they would be clearly defined and easier to enforce. In having an uncodified constitution Britain would suffer from an overflow of common...
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...Codified Constitution Some people argue that if the UK adopted a codified constitution is a good thing. If it was to be adopted it would significantly change the UK because it would affect: the power of the government and people’s rights and freedom. One of the biggest arguments for adopting a codified constitution is the fact it would make all rules/principles a lot clearer as they would all be in 1 single document and more clearly written meaning it would create less confusion about the constitutional rules. A codified constitution would also make the overall goals of the political system stand out more to the public eye and anyone else, strengthening the country. It was also cut the government massively by ending parliamentary sovereignty. And it would also not be possible for the government to interfere with the constitution due to higher law that safeguards...
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...another and live in a perpetual state of struggle and rivalry (Hobbes, 138)? France sure did seem to think so after having been a continual warzone for civil anarchists during the latter half of the sixteenth century (Bodin, 133). According to formidable writers of the time, such as Jean Bodin and Thomas Hobbes, the ability to maintain order in society required submitting to the supreme order of a state (Hobbes, 138). Sovereignty—or the absolute power and demand of a commonwealth—required complete obedience for a king because failure to revere him was considered a failure to revere the holy image of God at the time (Bodin, 134). In this age of Absolutism, divine power was given to sole leader of the monarchy, a controversial act that generated debate in which the second and third classes questioned sovereignty, politics, and their rights as citizens (Hobbes, 138). Ironically, royalists and antiroyalists alike did not support Hobbes’ great work of 1651 called Leviathan that described his idea about how supreme power, once delegated, was irrevocable; Parliament even believed it almost hinted at atheistic tendencies (Hobbes, 138). Nonetheless, Hobbes believed that today’s Golden Rule which states, “Do to others as we would be done to,” was not a natural passion of humankind and only seemed like a law of nature when under the terror of some power where people know they are being watched (Hobbes, 139). Hobbes defined the natural pre-societal man as cruel because his independence...
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...Critically assess the virtues and shortcomings of Britain’s ‘un-codified’ Constitution Britain are one of the few countries in the world that still posses and un-codified constitution, other states that posses un-codified constitutions are New Zealand and Israel. A constitution is a set of rules which guidelines what the people of the nation and the government have the rights to do, these rules or guidelines are normally printed in one sovereign place. An un-codified constitution differs from this as is not one sovereign book or piece of writing that outlines the rules of the state. This short answer will assess the strengths and weakness of Britain having an un-codified constitution. The first strength to consider is the fact that our un-codified constitution is more flexible then a codified constitution. Many nations find it difficult to pass legislation because the constitution holds the government accountable and protects the individuals. Example of this could be after terrorist attacks Britain was able to quickly pass legislation detaining terror suspects for longer period of time, where as other nations constitutions protected the individuals liberties and prevented their governments from detaining suspects for long periods of time. From the first argument we can see that flexibility is a strength of an un-codified constitution, however it can also be a weakness. Without the codified constitution there is no checks on the government other then the opposition, a...
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...In the context of IPE, what is globalisation? To what extent has the authority of nation states been eroded by globalisation? Discuss with reference to any OECD country. IPE and Globalisation In order to explain globalisation in the context of International Political Economy (IPE), I will begin by discussing the frameworks that IPE uses to describe the social constructs upon which human society is based. This discussion will then extend to issues pertinent to the essay question, including the concepts of globalisation, the nation state, authority and sovereignty, and the extent to which a nation state’s participation in a globally interdependent system influences that nation state’s authority. IPE connotes a multidisciplinary method of enquiry to explain the ever-changing relationships between states, markets and societies across history and in different geographical areas. IPE includes a political dimension that accounts for the use of power by a variety of actors including individuals, domestic groups, states, international organisations, NGO’s, and transnational corporations. IPE also involves an economic dimension that deals with how scarce resources are distributed among individuals, groups and nation-states. (Ballam and Dillman, 2011, p7) To place globalisation within the context of IPE, one must view the concept in terms of the causes and effects of the world market economy, the relationship between 2 economic and political change, and the significance...
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...exclusively by the Executive on the pretext of National Sovereignty. Despite the presence of noteworthy members on the Board of National Assembly’s Standing Committee on Foreign Policy, little progress has been made to advance the real aims of this Committee. Its failure can be attributed to multiple factors ranging from inherent institutional weakness to unavailability of adequate research facilities, leading to a prevalence of greater disinterest among the Board members, marked by low attendance, being witnessed during the meeting sessions of the Committee. Hence, an urgent call of action is required for maximum engagement of Parliamentary role in Foreign Policy formulation. Context The domain of foreign policy holds critical value for a country like Pakistan which is located at the crossroads of Great Powers like Russia & China. In addition, it also provides a route to Central Asian states which are endowed with massive reserves of oil & natural gas, providing significant economic incentives. Being a key ally of US in the on-going ‘War on Terrorism’ also enhances its strategic significance. As stated earlier, the Parliament’s role in the field of Foreign Policy had always been eclipsed by the Executive and the military circles. The blurring of boundaries between issues of national & international stature demand a greater participatory role from the Parliament to influence these policies. In fact, the Parliament has the legitimate authority to have its say on such...
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...on state sovereignty? Some suggest that nation state is still the dominant performer, other argue that state sovereignty is being undermined by non- state factors such as globalization. To answer to the question to what extent has the sovereignty of the nation-state been undermined by globalization, it is essential to look on the general definition of both terms. According to the more or less objective definition of globalization [there are many pessimistic and positive views of globalization], it is a term which illustrate the worldwide spread of influences of phenomena, such as culture, religion, language, transport, media, health concerns, technology and environmental concerns. Broadly speaking, state sovereignty is a supreme, absolute and uncontrollable power by which an independent state is governed without foreign interference. In this sense, internal aspect refers to the ultimate source of authority within a state. Basically, there are two dimensions of sovereignty in course of political sense, namely internal and external sovereignty. Internal sovereignty shows exclusive political control, where state government is the ultimate source of legal and political power. Externally, sovereignty means that other governments have no right to interfere in that state’s affairs. An example in the course of undermined external sovereignty can be present the UK, where sovereignty was compromised by European Union, Devolution, UN, WTO and NATO. However, the Parliament is omnicompetent...
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...THE CONCEPT OF A LEGAL SYSTEM An Introduction to the Theory of Legal System SECOND EDITION JOSEPH RAZ CLARENDON PRESS · OXFORD -iiiOxford University Press, Great Clarendon Street, Oxford ox2 6DP Oxford New York Athens Auckland Bangkok Bogota Bombay Buenos Aires Calcutta Cape Town Dar es Salaam Delhi Florence Hong Kong Istanbul Karachi Kuala Lumpur Madras Madrid Melbourne Mexico City Nairobi Paris Singapore Taipei Tokyo Toronto Warsaw and associated companies in Berlin Ibadan Oxfordis a trade mark of Oxford University Press Published in the United Statesby Oxford University Press Inc., New York © Oxford University Press 1970, 1980 First published 1970 Second edition 1980 Reprinted 1990, 1997 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press. Within the UK, exceptions are allowed in respect of any fair dealing for the purpose of research or private study, or criticism or review, as permitted under the Copyright, Designs and Patents Act, 1988, or in the case of reprographic reproduction in accordance with the terms of the licences issued by the Copyright Licensing Agency. Enquiries concerning reproduction outside these terms and in other countries should be sent to the Rights Department, Oxford University Press, at the address above This book is sold subject to the condition that it shall not, by way of trade or otherwise...
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...JURISDICTION I. STATE IMMUNITIES Forum State – the state where the court of justice is located. More on the notion of forum: http://legal-dictionary.thefreedictionary.com/forum A. Rationale for the doctrine of immunity of foreign states from the jurisdiction of the forum State is: - a state must not interfere with the public acts of foreign sovereign states, because sovereigns are equal and equals have no jurisdiction over one another - the judiciary may not interfere with the conduct of foreign policy by either national or foreign governmental authorities because of the doctrine of separation of powers. The doctrine of State immunity emerged as one of the earliest principles of international law. See also The Parliament Belge, where a British court of appeals held that “because of the absolute independence of every sovereign state, each other state must decline to exercise by means of its courts any of its territorial jurisdiction over the person of any sovereign or ambassador of any other state, or over the public property of any state which is destined for public use, or over the property of any ambassador, though such sovereign, ambassador or property may be on its territory.” B. Restrictive Doctrine of Immunity of Foreign States from Civil Jurisdiction At the time the doctrine of State immunity, emerged it was absolute and deemed to reflect customary international law. Gradually, towards the late 19th century the doctrine became more restrictive...
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...constitution isn’t. On the one hand there are many arguments supporting the view that the UK should adopt a codified constitution. If a codified constitution were introduced, the key constitutional rules would be collected together in a single document, and they would be more clearly defined than in an ‘unwritten’ constitution where rules are spread across many different documents. A codified constitution would create less confusion about the meaning of constitutional rules and greater certainty that they can be enforced. A second argument supporting a codified constitution is limited government. A codified constitution would cut government down to size. A codified constitution would effectively end the principle of parliamentary sovereignty and subsequently elective dictatorship. Elective dictatorship is a constitutional imbalance in which executive power is abused to allow governments to win elections. In the UK, it is reflected in the ability of a government to act in any way it pleases as long as it maintains control of the House of Commons. It would not be possible for government to interfere with the constitution due to the existence of higher law safeguarding the constitution. A codified constitution would also allow for neutral interpretation. A codified constitution would be ‘policed’ by senior judges, who act in a neutral and impartial manner. This would ensure that other public bodies properly uphold the rules of the constitution. A codified constitution also has...
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