The question deals with the nature of the constitution of the United Kingdom with relation to the roles of the Executive, the Legislature, and the Judiciary. This essay will address the above issues, with reference to the United Kingdom’s hesitation to take part in a military intervention in Syria. It will also discuss the United Kingdom’s application of the conceptual doctrines of the rule of law, participatory democracy, and human rights, along with its inclination towards a more democratic, codified constitution in accordance with the concept of constitutionalism.
The state of affairs in Syria was the trigger for the debate in which the United Kingdom displayed its hesitation for military intervention. Syria has been the centre of attention in the international community since the protests against President Bashar al-Assad’s regime in March 2011. Beginning with small scale insurgences, the violence escalated, until it crossed an important threshold, when the international Red Cross formally declared it a civil war a year and a half later. A chemical attack just outside the Syrian capital, Damascus, was confirmed by United Nations inspectors, causing an outburst of international outrage. Many leaders argued the demand for intervention, such as the governments of America and France, who were insisting on a slightly militant approach. Russia on the other hand, a strong ally of Syria, was not in favour of military mediation, and ultimately managed to make a deal with the United States to eliminate Syria’s stockpile of chemical weaponry.
The issue brought before the House of Commons on the 29th of August, was to decide whether Britain should take part in a military intervention in Syria. This motion, put forth by the British...
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...ntary sovereignty: law, politics, and revolution’ (1997) 113 LQR 433
European Communities Act 1972, ss 2 and 18
Tom Whitehead, ‘Politicians to blame for human rights rulings, says judge‘ The Telegraph (London, 29 March 2011) < http://www.telegraph.co.uk/news/uknews/law-and-order/8412152/Politicians-to-blame-for-human-rights-rulings-says-judge.html> accessed 16 January 2014
Factortame Ltd and others v Secretary of State for Transport (No 2) - [1991] 1 All ER 70
R (Jackson) v Attorney General [2005] UKHL 56
Pickin v British Railways Board [1974] AC 763 (Lord Reid)
Bill of Rights 1689
Hillaire Barnett, Constitutional and Administrative Law, (9th edn, Routledge 2011) 198
Walter Bagehot, The English Constitution (first published 1867) 90
A. W. Bradley and K. D. Ewing, Constitutional and Administrative Law, (15th edn, Pearson Education Limited, 2011) 233
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.
Constitutional Commentary, Vol. 27, Issue 2 (Fall 2011), pp. 347-360 Volokh, Eugene 27 Const. Comment. 347 (2010-2011)
Rehnquist, William H., Brennan, William J. "A Casebook on the Law and Society: What Rights
The General Court. "General Laws." : CHAPTER 265, Section 37. 2014. Web. 20 Apr. 2014. .
Ordinance as the source of rights, privileges, and immunities." The Yale law journal. no. 7 (2011): 1820.
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.
Reece H., ‘The paramountcy principle Consensus or construct?’ [1996] 49 Current Legal Problems p. 267-304
One of the key factors that fueled violence in the Syrian War was due to foreign influence. In September 2015, airstrikes were inaugurated by both the United States and Russia. These airstrikes were targeted towards terrorists. However, the US and Russia had different views on groups. "Russia includes many US- supported rebels groups in their lists of 'terrorists'" (Document G) The US viewed the Kurdish group as an ally, while Russia viewed them as a terrorist group. Due to the opposing perspectives from both foreign countries on Syrian groups, the conflict of being unsure of who to strike arose. The US attacked who they believed were terrorists while Russia did the same, therefore creating violence all over. The Chart in Document D displays the relationships between foreign countries and Syrian groups. Russia
R v Secretary of State for Transport, ex parte Factortame Ltd and others [1999] All ER (D) 1173.
As stated in the first paper; The Constitution of the United States was designed to be a framework for the organization of our country’s government. Many foreign countries also have constitutions, which outline the rights of individuals and the powers of the law; such as the Iraqi Constitution of 2005. I will compare the similarities and differences of the US and Iraqi Constitutions and discuss Articles 2, 36, 39, & 90 and women’s rights of the Iraqi Constitution. Some similarities of the two Constitutions are evident in the laws of the legal system.
In response to a recent chemical attack on the people of Syria, the U.S. launched strikes on Syria to prevent the use of chemical weapons for future use. The
On one hand, political constitutionalists argue that parliamentary sovereignty is the underlying principle in the British constitution as power and law making are bo...
Secretary of State for the Home Department (Respondent) v. K (FC) (Appellant) Fornah (FC) (Appellant) v. Secretary of State for the Home Department (Respondent) [2006] UKHL 46
Public Law: Text, Cases, and Materials by Andrew Le Sueur, Maurice Sunkin and Jo Murkens (Paperback - 12 Aug 2010) chapter 8 p 368-418
Contemporary Readings in Law & Social Justice, 5(2), 454-460.