This essay will consider different sources of the constitution. It also requires to reach a conclusion as to whether the UK unwritten constitution flexible and this flexibility create some fact limitations on the UK constitutions. It will explain by looking at the constitution making process and analysing each part of the process.
The constitution is a set of rules and principles by which a state is governed. It is a basic principle and a significant part of any country's system of government. The constitution should define a relationship between the government of a nation and its people. Constitution mainly based on customs and precedent which published in statute and judicial decision. It can manage an institution by its comprised rules and regulation by which the people agree to be governed. Without a constitution an organisation is being unable to perform the function for which it was created and being confused that how the organisation is to operate. The constitution provides some terms and condition which must be conducted by the monarch or parliament. Constitutions are mainly classified into five categories they are, written and unwritten, rigid and flexible, supreme and subordinate, federal and unitary, republican and monarchical.
A Written constitution is a formal single document which contains the fundamental principles about the state administration, the right of citizens and passed by the government or monarch. The examples of written Constitution are US constitution. On the other hand, if the constitution has not been reserved as a single document and not even passed by a specific body and the fundamental principles of the state exist in Judicial decisions, political customs and in some scattered documents t...
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...e, reflecting changes in the political situation as and when they occur. Thus the constitution can evolve gradually.
Not necessarily the written constitution is a restraint for flexibility of any constitution. A written constitution contains a wide range of customary rules and practices, but does not have all the detailed rules upon which government depends. The customary rules and practices is not difficult to change and its constant evolution could reduce the need for formal amendment of the written constitution.
In conclusion, it is submitted that- the British constitution is flexible because it is not fixed, and can be changed relatively easily. The British constitution, where, in theory, Parliament is sovereign and can make and unmake laws as it pleases. This system is reformed when needed and so long this system works well, which is still highly regarded.
There is much debate in political theory about the definition of a constitution. Generally, it is considered as a “single governing document”. If that is the case, then the U.S. Constitution is the oldest in the world (Berry, 2011). The Framers, upon writing it, aimed to create a document that would stand the test of time. Despite changes in population size, racial and religious components, and even the modern day technology, the objective has clearly been achieved. Elkins claims that this is primarily due to its flexibility. Judicial review interprets the document with the rapidly changing society in mind (as cited in Garza, 2008). Many state constitutions, on the other hand, have not survived as long. Since many have been written with specific people and localities in mind, they have not been able to adapt to change well. Louisiana, for example, has had 11 state constitutions. It is common today, for states to consider overhauling their current constitutions (Morris, Henson, & Fackler, 2011).
The constitution of the UK is very unique compared to the constitutions in other European countries. In this essay, I will talk about the features of the UK constitution, the sources of the constitution and the principles, which guide it. This essay will also include key points about the uncodified nature of the constitution, and the advantages and disadvantages that come along with it. A topic of discussion has been whether or not the uncodified nature of the constitution of the UK should remain the same, or if, it should be codified. I will further discuss these ideas in this essay and highlight the pros and cons from both sides – codified and uncodified.
The Constitution of the United States is one of the most iconic and important documents of all time. However, when it was first generated, its writing and ratification caused some major concerns. The purpose of the Constitution was to address the great number of issues of a new nation. To be more specific, the Constitution was meant to resolve the political, economic, and social problems of the country. Nevertheless, the document spurred much discussion and concern over people’s rights, the economy, and political corruption.
The United States' Constitution is one the most heralded documents in our nation's history. It is also the most copied Constitution in the world. Many nations have taken the ideals and values from our Constitution and instilled them in their own. It is amazing to think that after 200 years, it still holds relevance to our nation's politics and procedures. However, regardless of how important this document is to our government, the operation remains time consuming and ineffective. The U.S. Constitution established an inefficient system that encourages careful deliberation between government factions representing different and sometimes competing interests.
views one can take. The Constitution can be viewed as a "living document" or in
It should grant and limit different powers and responsibilities to the different levels of government and set guidelines for making policy. It should not include specific policies or statutes (Brown et al. 59). Excessive details should be reserved for statutory laws. Writing solutions to specific problems in a constitution causes the need for frequent amending as new issues arise (Brown et al. 59).
... document and not the will of those in powers is tremendous. Except for the 17 of the 27 amendments that make part of the United States of America constitution, the constitution has remained largely the same. What has changed, and continues to change, is the interpretation of some parts that have expanded to include contexts that were not envisioned by our founding fathers. It is truly remarkable that the Constitution has sustained many powerful historical events over time and today remains pretty much intact.
The document I chose to write about is the United States Constitution. When the thirteen British colonies in North America declared their independence in 1776, they laid down that “governments are instituted among Men, deriving their just powers from the consent of the governed.” The “colonies” had to establish a government, which would be the framework for the United States. The purpose of a written constitution is to define and therefore more specifically limit government powers. After the Articles of Confederation failed to work in the 13 colonies, the U.S. Constitution was created in 1787.
In 1787, The United States of America formally replaced the Articles of Confederation with a wholly new governing document, written by the delegates who attended the Constitutional Convention in Philadelphia. This document, known as the Constitution, has served as the supreme law of our land for the past 228 years. It has stood the test of time and a majority of Americans still support it today (Dougherty). The Constitution was designed in a way that allows for it to be amended, in order to address changing societal needs. Article V discusses the process by which the Constitution can be altered. This feature has enabled it to stay in effect and keep up with current times. The Constitution should not be rewritten every 19 years because it would not only weaken its importance, but it would also hurt foreign relations and continuously rewriting it would give political parties too much power.
One of the most influential and celebrated scholars of British consistutional law , Professor A.V Dicey, once declared parliamentary soverignity as “the dominant feature of our political insitutions” . This inital account of parliamentray soverginity involved two fundamental components, fistly :that the Queen-in-Parliament the “right to make or unmake any law whatever” and that secondly “no person or body is recognised by the law of England as having a right to override or set aside the legislation of Parliament.” . However this Diceyian notion though an established principle of our constitution now lies uneasy amongst a myriad of contemporary challenges such as our membership of the European Union, the Human Rights Act and a spread of law making authority known as ‘Devolution’. In this essay I shall set out to assess the impact of each of these challenges upon the immutability of the traditional concept of parliamentary sovereignty in the British constitution.
... idea of Parliamentary Sovereignty: The Controlling Factor of Legality in the British Constitution’ (2008) OJLS 709.
The. A constitution is the system of fundamental principles according to which a nation is governed. Our founding fathers created the US Constitution to set specific standards for our country. We must ask ourselves why our founding fathers created the Constitution in the first place. America revolted against the British due to their monarchy form of government.
The Constitution is the greatest document in American history. It has pushed for progressiveness and equality. The Constitution is basically the supreme law of the United States. The Constitution was written to organize a strong national government for the American states. Before the Constitution, the nation's leaders had established a national government under the Articles of Confederation. The Articles gave independence to each state; the states lacked authority, the ability to work together, and to solve national problems. The U.S. Constitution established America's national government and fundamental laws, and guaranteed certain basic rights for its citizens using five big ideas and this shaped today's America.
Constitution is a necessary feature as it defines how power is disseminated within the government and establishes the rights of the citizens and the laws and rules for the country. In order to be successful, a country’s should reflect and satisfy every citizen’s needs and interests.
While an uncodified constitution has the advantages of dynamic, adaptability and flexibility to meet the ever-changing needs of the society , it poses much difficulty in pinpointing the ultimate constitutional principle that should provide legitimacy in the British constitution. This results in a battle between two broad schools of thought––political constitutionalism and legal constitutionalism.