Вы находитесь на странице: 1из 2

What are the key elements of the UK constitution?

Constitutions embody the system of basic fundamental rules and principles; to accordingly govern, provide legitimacy, uphold a commitment and protect freedom within a state, ensuring that all the necessary check and balances are in order to those in power as well as providing a stable structure and organising the duties of the divisions of government. Many constitutions, much like those of France and the USA are brought about and designed after periods of internal struggle or the result of wars unlike others that are the result of the disbandment of previous successful Empires. The British constitution is fairly unique, in the sense that it displaces the usual features of many constitutions, in comparison to other governments that are found across the world. The uncodified and flexible constitution provides for amendments from future governments and also the inclusion of the people (through referendums) allows for the securing of the necessary control over governmental issues. Moreover, the constitution ensures that the limitations in judicial reviews are relaxed so that sentences are not based on unconstitutionality whereas such states, such as the USA who base sentences on the offence against the constitution, where in the U.K, sentences are able to take into account of the wider aspects surrounding a case, to guarantee a fair trial. Constitutions also determine the distribution of government power across the country. Countries such as Britain that employ a unitary constitution control the concentration of power into one body (central government) that distributes laws and certain rules that is then employed and enforced by lesser local councils and governmental forces (such as the police force) rather than federal countries (such as Germany) where the powers and functions are decided by landers (local regions in Germany but states in the U.S) and are legally able to enforce individual laws from other regional divisions, but can be overridden by the federal (central) government. Examples of such cases are evident throughout history, where during the Civil Rights Campaign in the U.S, federal troops had to intervene at Little Rock High School to guarantee the safety of five new black students or the commandment of the public order governmental forces during the England Summer Riots of 2011, where local defence parties teamed up with the police in order to control the chaos. Additionally, the enforced and respected parliamentary sovereignty within a monarchical state (since the monarchy has no right to reign by hereditary) posses and exercises unlimited, but legal authority imposing that is the supreme power in law making (so it can only make, amend and unmake laws) where no other institution (including the reigning monarch) can override its decisions (though this has been recently challenged since Britain joined the European Economic Community- EEC in 1973 where some cases have been commissioned to be re-heard at the European Courts to provide for a fairer outcome). In addition, Parliament is unbinding, since no one

parliament can bind its successor so amendments to certain laws can be made by the next elected party that comes into power. Furthermore, the exertion of the rule of law upon all members of the nation articulated by AV Dicey discerning three major conceptual ideas: equality before the law which universally subjects all for one law; no one is above the law so that all laws are published, clear and applicable to all (although this has been challenged when important businessmen or social figures have been tried in court and not given appropriate sentences or reprimands) and that judicial decisions are made including those essential liberties that are given equally to all and any infringement of such laws is equally punishable (this is evident during the public cases of some students during the Students Protest over University fees, where some resorted to violence means). However, the main aspects of the constitution, based on the 18th century philosopher Baron de Montesquieus doctrine (rather than the complete separation) include the fusion of powers so that the overlap of the key core bodies of the law-making groups are effectively in contact to certify the success of the constitutional system as well as the controlled handling of governmental issues and any other problems that arise. Overall, the U.Ks constitution serves as a fairly individualistic document (that is neither collected nor written) that ascertains certain features that define it as distinguishable. Such features provide more freedom and that the concentration of power within the state is more carefully managed (per say in dealing with national problems or a financial crisis) in comparison to other democratic states. It also serves as a Western nation that is able to handle such dealings with democratic views as well as hold the figure of a stable nation within wider communities (such as the EU) and within military alliances (such as NATO). However such a constitution is fairly limited where the separation of powers would perhaps ensure more of a fair state. This has come to light in recent events where such dealings with MPs expenses and scandal regarding the privacy of social figures (as well as the News of the World Scandal) demonstrate the limitations of such a system, where institutions such as the Parliament should not have such a relationship with media outlets to the degree of deception nor the influence of governmental decisions.

Вам также может понравиться