‘the Rules Which Allocate and Control Governmental Power in the United Kingdom Are so Diverse and Uncertain That the Existence of Such a Thing as the “Constitution of the United Kingdom” Must Be Open to Doubt.’ Discuss.
Whether there is a constitution in the United Kingdom has been a controversial topic. The term ‘constitution’ itself is open to different interpretations. Some prescriptive authors argue that a constitution must satisfy a set of specific characteristics – for instance that it must be entrenched and superior to other laws, which is attributed to the people. Others consider that constitutions are codes of norms which aspire to regulate the allocation of powers, functions, and duties among the various agencies and officers of government, and to define the relationship between these and the public. While some believed that a constitution is as simple as ‘no more and no less than what happens. Everything that happens is constitutional. And if nothing happened that would be constitutional also.’
Constitutional law is the body of law which determines the exercise and control of governmental power between both the institutions of government and between those institutions and the individual. It indicates which bodies are responsible for exercising governmental power, and how those bodies should be composed. The constitution draws the structure of the government, divides governmental power between three branches of the state, namely the executive, the legislature and the judiciary, and provides procedures to resolve disputes of law between the individual and the state, or between private bodies or individuals.
According to F.F. Ridley, a constitution establishes, or constitutes, the system of government . Thus it is prior to the system of government, instead of part of it, and its rules cannot be derived from that system. A constitution is a form of law superior to other laws – because it originates in an authority higher than the legislature which makes ordinary law and the authority of the legislature derives from it and is thus bound by it. A constitution is entrenched – because its purpose is generally to limit the powers of government, but also again because of
Constitutional law is the body of law which determines the exercise and control of governmental power between both the institutions of government and between those institutions and the individual. It indicates which bodies are responsible for exercising governmental power, and how those bodies should be composed. The constitution draws the structure of the government, divides governmental power between three branches of the state, namely the executive, the legislature and the judiciary, and provides procedures to resolve disputes of law between the individual and the state, or between private bodies or individuals.
According to F.F. Ridley, a constitution establishes, or constitutes, the system of government . Thus it is prior to the system of government, instead of part of it, and its rules cannot be derived from that system. A constitution is a form of law superior to other laws – because it originates in an authority higher than the legislature which makes ordinary law and the authority of the legislature derives from it and is thus bound by it. A constitution is entrenched – because its purpose is generally to limit the powers of government, but also again because of