Foundation Of The Us Constitution Essay

562 Words2 Pages
bulb-icon

Recommended: Parliamentary sovereignty role in the british constitution

The foundation of the UK constitution is built upon A.V. Dicey’s orthodox theory on the doctrine of parliamentary sovereignty, that parliament has ‘the right to make or unmake any law’, Parliament cannot bind its successors, and that no institution has ‘the right to override the legislation of Parliament’ . The great benefit of the supremacy of parliament is that Acts of Parliament created by the democratically elected legislature, must be obeyed by the unelected judges. Although parliamentary sovereignty refers to shared powers, between the Monarchy, House of Commons (HoC) and House of Lords (HoL), through the Parliament Acts 1911 and 1949, the HoL lost its power of veto, and the HoC effectively enhanced its powers as the main body of government. …show more content…

The EU doctrine of supremacy over domestic law was first outlined in the Costa case, particularly s 2(4) ‘provisions of EU Law should enjoy primacy over any conflicting provision of national law’ . As Lord Bridge addressed, any effect of constraint placed upon parliamentary sovereignty was preconceived as the UK’s enactment of the EU Communities Act was ‘entirely voluntary’ . The Human Rights Act (HRA) 1998, rather than creating new rights solved the inconsistencies undermining parliamentary sovereignty. The sovereignty of parliament was however maintained, under s 3 the courts cannot void primary legislation, but rather under s 4 ‘issue a declaration of incompatibility’ . This measured refusal of the transfer of invalidation powers to the judiciary upholds the doctrine of sovereignty by maintaining the judgment of the elected branch over the view of unelected judges. Parliament has maintained the power to withdraw from the EU and can at any time vote to repeal the HRA, effectively abolishing community law supremacy. Recently the EU Act 2011, contains that under s 18, supremacy is still enjoyed by community law over national law because the 1972 Act makes it so, implying that parliament is sovereign and reaffirming that EU law within the UK can be

Show More
Related

  • Us Constitution Dbq Essay

    760 Words  | 2 Pages

    From five states arose delegates who would soon propose an idea that would impact the United States greatly. The idea was to hold a meeting in Philadelphia called the Constitutional Convention in 1787 meant to discuss the improvements for the Articles of Confederation and would later be called the United States Constitution. The United States Constitution was greatly influenced by Ancient Rome, the Enlightenment, and Colonial Grievances.

    Read More

  • Did The Founding Fathers Create The Constitution Essay

    1108 Words  | 3 Pages

    Did the Founding Fathers actually create the constitution to help us? Alternatively, did they create the constitution just to protect their beliefs and so on? The Founding Fathers was an elite group that sought to create a constitution for their own interests. Several members apart from this strategic group agreed to create the constitution only for their selfish ambitions. The Founding Fathers created the constitution rather than amend the Articles of Confederation. Just because some decline the ideas of others apart from the group, which created a break in the group. As a result, members of the elite group saw this as a way of starting over to fresh new start. Therefore, the person who always seemed to make everything a problem in this elite

    Read More

  • Understanding the US Constitution: Origin and Impact

    941 Words  | 2 Pages

    The United States Constitution is a national government that consist of citizen’s basic rights and fundamental laws. This document was signed on September 17, 1787 in Philadelphia by the majority of representatives. Today, the United States Constitution’s purpose is to supply a strong central government. However, before the United States Constitution was developed, many citizens did not support the constitution due to the fact that they found it contradicting and detached from the original goals of the Declaration of Independence. These citizens were known as anti-federalists. Fortunately, George Washington was a supporter of the constitution and had an enormous impact in the public support of the constitution. With a few adjustments, some

    Read More

  • Creation of the United States Constitution

    1236 Words  | 3 Pages

    The Articles of Confederation was America’s first constitution. The Articles of Confederation failed to create a strong central government, however. With the demise of the states in sight, the need for a stronger and more structured central government became apparent. An invitation was sent to all thirteen states in February 1787 by the Confederation Congress to resolve the matter. The events that took place over the next several months would create the United States Constitution. Going down in history as a revolutionary form of government, the U.S. Constitution would give life to a country that is still running strong over 200 years later.

    Read More

  • The Human Rights Act of 1998

    2462 Words  | 5 Pages

    The Human Rights Act of 1998 was co-founded upon the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950. Developed following the ending of the Second World War, European Convention on Human Rights (ECHR) was constructed to further the idealistic principles and endeavours of equality among all human beings, as well as a devout declaration of preventing the reoccurrence of the holocaust and massacres which have occurred as a casus belli . ECHR comprises civil privileges and liberties fundamental to all human beings irrespective of race, gender, age, sexual orientation exclusive of discrimination. The UK government have promptly endorsed the ECHR, recognising the need of ...

    Read More

  • Essay On Ratification Of The Constitution

    1213 Words  | 3 Pages

    The Constitution is the foundation of our county it represents liberty and justice for all. We are able to live freely and do, as we desire because of the constitution. The constitution was, signed September 17, 1787 at the Constitutional Convention in Philadelphia. It took time and many debates were held before an agreement was achieved in both the drafting and ratification of the constitution. These disagreements came with several compromises before the constitution was fully ratified on May 29, 1790, with Rhode Island being the last and the thirteenth. The First, challenge was the Articles of Confederation; it was a sort of a draft of the Constitution but was weak and inadequate. Second, obstacle was the Anti-Federalists fight for more

    Read More

  • The Making of the Constitution

    920 Words  | 2 Pages

    Some people have always wondered whether the making of Constitution of the United States was, in fact, supposed to happen at the Constitutional Convention or if it was even supposed to be drawn up in the way it was. In this essay, I will summarize to different views on what went on at the Constitutional Convention and how the Constitution of the United States come about. I want to emphasize that none of these views or theories discussed in this essay are my own. The convention that is referred to was held in Philadelphia, Pennsylvania. It began In May of 1787.

    Read More

  • The Creation Of The Constitution

    1073 Words  | 3 Pages

    In creating the Constitution, the states had several different reactions, including a rather defensive reaction, but also an understanding reaction. As a document that provided the laws of the land and the rights of its people. It directs its attention to the many problems in this country; it offered quite a challenge because the document lent itself to several views and interpretations, depending upon the individual reading it. It is clear that the founders’ perspectives as white, wealthy or elite class, American citizens would play a role in the creation and implementation of The Constitution.

    Read More

  • Parliamentary Sovereignty

    1481 Words  | 3 Pages

    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.

    Read More

  • UK's Constitution: The Rule of Law and Parliamentary Sovereignty

    1681 Words  | 4 Pages

    ... idea of Parliamentary Sovereignty: The Controlling Factor of Legality in the British Constitution’ (2008) OJLS 709.

    Read More

  • The American Constitution: The Creation Of The United States Constitution

    2166 Words  | 5 Pages

    In the wake of Abraham Lincoln’s election to the presidency in 1860, South Carolinian officials signed a Declaration of Secession that renounced their ties to the United States and marked the creation of the Confederate States of America. Less than six months later, at the command of the Confederate president Jefferson Davis, troops were dispatched to assault Fort Sumter, a Union fort in the South Carolinian port of Charleston. This was the battle that signified the division of a nation. This was the culmination of years of conflict and debate between northern and southern state officials, including topics such as the interpretation of the United States Constitution, economic policies that would only help either the north or the south, and

    Read More

  • U.S. Constitution: The Cornerstone of American Progress

    1007 Words  | 3 Pages

    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.

    Read More

  • Parliamentary Sovereignty Or The Rule Of Law Essay

    858 Words  | 2 Pages

    On one hand, political constitutionalists argue that parliamentary sovereignty is the underlying principle in the British constitution as power and law making are bo...

    Read More

  • Judges Must Make Law

    2340 Words  | 5 Pages

    Parliament, the supreme law-making body, has an unrestricted legislative power, and the laws it passes cannot be set aside by the courts. The role of judges, in relation to laws enacted by Parliament, is to interpret and apply them, rather than to pass judgment on whether they are good or bad laws. However, evidence has shown that they have a tendency to deviate from their ‘real roles’ and instead formulate laws on their own terms. Thus the real role of a judge in any legal system continues to be a phenomenon questioned by many. We must consider whether they are “authoritarian law-makers, or if their profession makes them mere declarers of the law” . In this essay, I will argue the ways that judges do make law as well as discussing the contrary.

    Read More

  • The Royal Prerogative

    2051 Words  | 5 Pages

    The royal prerogative is a source of constitutional law; it is derived from common law powers that have been handed down from the monarchy to the executive. The significance of the prerogative in constitutional law is that it provides the executive with considerable power to act without following ‘normal’ parliamentary procedures. As Dicey explained, the prerogative is ‘every act which the executive government can lawfully do without the authority of an Act of Parliament’. In constitutional terms, it is therefore important to explore the means by which the UK constitution secures the accountability for the exercise of prerogative powers by the executive. Historically the prerogative was exercised by the monarchy, the majority of powers are now used by ministers, and very few remained the personal preserve of the sovereign.

    Read More

More about Foundation Of The Us Constitution Essay

Open Document