The Separation Of Powers And The Rule Of Law

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A constitution is a set of laws defining the allocation, limitation, regulation of governmental power. This power, in most liberal democracies, is separated among the three branches of the state – the legislative, the judiciary and the executive. The importance of a constitution could not be overemphasized in every country, typically in liberal democracies. Its key functions include establishing the central structure of the state’s government, granting and controlling the governmental power, and determining the way of which the government of the nation interact with its people. The existence of the constitution of the United Kingdom, however, is highly controversial due to its peculiar nature. This essay, applying a positivist approach, regard a legitimately and appropriately functioning constitution as existent. Therefore, to argue that the British constitution does exist, the subsequent paragraphs will explore whether it has successful in achieving its philosophical and practical implementation, that is the separation of powers and the rule of law. Furthermore, the two main problems created by the unusual nature of the constitution – uncertainty and unstableness – will also be discussed and evaluated in turn. Certainty Unlike the great majority of democratic countries in world, the set of fundamental rules which control the governmental power in the United Kingdom are not written down in one single legal instrument. It is only partly written and could be found within the lines of different statues, treaties and judicial precedents. Magna Carta, for example, regulates the role of the monarchy and government. Distribution of executive power set out in several devolution statues. Of the most consequential include the Scotland Act... ... middle of paper ... to the contemporary needs. The high adaptability of the uncodified constitution in the United Kingdom, as compared to entrenched constitution in other countries, has received a large number of recognition. It allows the constitution of the country with long period of history to depart from anachronism. Although changes and modifications are frequent, the longevity of the constitution can also be observed. The entrenchment of Magna Carta, for example, can be traced back into more than eight hundred years. The British constitution could, in fact, maintain both flexibility and stability in practice. Conclusion As a conclusion, despite the fact that there are identifiable distinctions between the British constitution and the Constitutions in the majority of other countries, these dissimilarities did not fail the British constitution to function as its counterparts.
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