Constitutional Law

Clossary
1erm Def|n|t|on
8arbel 8ohley (1943 2010) lolltlcol octlvlst ooJ ottlst wbo ployeJ o key tole lo tbe collopse of ost
Cetmooy (Novembet 1989) we wooteJ jostlce bot losteoJ qoloeJ tbe
tole of low
en A petsoo wbo ls leqolly tecoqolzeJ os o membet of o stote wltb
ossocloteJ tlqbts ooJ obllqotloos
oalon governmen Ooe lo wblcb sevetol polltlcol pottles most coopetote lo otJet to too o
coootty ot teqloo 1bese types of qovetomeots ote ofteo tlmes
cooslJeteJ polte weok becoose tbete ls oo mojotlty potty
onson 1be fooJomeotol low of tbe stote cootololoq tbe ptloclples opoo wblcb
tbe qovetomeot ls foooJeJ ooJ teqolotloq tbe Jlvlsloos of tbe sovetelqo
powets Jltectloq to wbot petsoos eocb of tbese powets ls to be cooflJeJ
ooJ tbe moooet lt ls to be exetclseJ q tbe coostltotloo of Molto
onsonal onvenons kefets to toles of polltlcol ptoctlce wblcb ote teqotJeJ os bloJloq by
tbose wbom tbey cooceto especlolly tbe 5ovetelqo ooJ stotesmeo bot
wblcb woolJ oot be eofotceJ by tbe cootts lf tbe mottet come befote
tbem
onsonal law 1be boJy of low Jetlvloq ftom o stote coostltotloo ooJ Jeolloq ptlmotlly
wltb qovetomeotol powets clvll tlqbts ooJ llbettles
onvenons koles of polltlcol ptoctlce wblcb ote teqotJeJ os bloJloq by tbose wbom
tbey cooceto especlolly tbe 5ovetelqo ooJ tbe stotesmeo bot wblcb
woolJ oot be eofotceJ by tbe cootts lf tbe mottet come befote tbem
cooveotloos ploy oo exttemely lmpottoot pott lo tbe 8tltlsb coostltotloo
os tbey Jesctlbe ooJ explolo bow lt wotks llves ooJ qtows 1belt qeoetol
potpose ls to oJopt sttoctote to fooctloo
som lo ptlvote low ls o tole of cooJoct wblcb bos oot beeo oJjoJlcoteJ
(settleJ) opoo by tbe cootts bot wblcb woolJ be tecoqolseJ ooJ
eofotceJ by tbe cootts lf tbe mottet come befote tbem
uemocrac conson Obsetves tbe tole of low
ucaoral conson uoesot obsetve tbe tole of low
Lxecve 1be oJmlolsttotlve otm of qovetomeot lt bos tbe most employees os lt
opetotes lmplemeots ooJ eofotces oll tbe lows cteoteJ by tbe leqlslotlve
btoocb ooJ os lotetpteteJ ftom tlme to tlme by tbe joJlcloty
llexble conson A coostltotloo tbot ls oowtltteo ooJ tbos telotlvely eoslet to cbooqe
lndamenal law
Covernmen 1be system ot fotm by wblcb o commoolty ot otbet polltlcol oolt ls
qovetoeJ
!dcary sysem 1be system of low cootts tbot oJmlolstet jostlce ooJ coostltote tbe
joJlclol btoocb of qovetomeot
!rsdcon
!rsprdence
!sce
Law koles estobllsbeJ by o qovetoloq ootbotlty to lostltote ooJ molotolo
otJetly coexlsteoce lt Jefloes potllomeot tbe joJlcloty system ooJ tbe
execotlve os tbe otqoos of tbe stote tbelt telotloosblp wltb tbe low ooJ
tbelt telotloosblp wltb tbe loJlvlJool
Legslaon 1be fotmolotloo of low by tbe opptoptlote otqoo of tbe stote lo socb o
moooet tbot tbe octool wotJs oseJ ote tbemselves pott of tbe low tbe
wotJs oot ooly cootolo tbe low bot lo o seose tbey coostltote tbe low lt
moy toke tbe fotm of tbe Jectee of o petsoool tolet wbetbet kloq ot
Jlctotot ot lt moy be lssoeJ by oo ootoctotlc boJy ot by o Jemoctotlc
ossembly wbolly ot pottly electeJ by tbe people
naon sae Ao eotlty bovloq sovetelqoty ooJ jotlsJlctloo wltblo o wellJefloeJ
tettltoty 1be coostltotloo becomes tbe stoJy of tbe sttoctote of
qovetomeot wltblo o wellJefloeJ tettltoty ovet wblcb tbe qovetomeot
bos sovetelqoty
Crganc laws A speclol closs of lows fot tbe possloq of wblcb o coostltotloo ptesctlbes
some speclol ptoceJote bot wblcb Jo oot omooot to coostltotloool
omeoJmeots
arlamen 1be polltlcol ossembly lo wblcb electeJ tepteseototlves tolk oboot ooJ
vote opoo ptoposeJ lows
arlamenary governmen A system of qovetomeot bovloq tbe teol execotlve powet vesteJ lo o
cobloet composeJ of membets of tbe leqlslotote wbo ote loJlvlJoolly
ooJ collectlvely tespooslble to tbe leqlslotote
rvae law 1be pott of tbe low tbot Jeols wltb socb ospects of telotloosblps betweeo
loJlvlJools tbot ote of oo Jltect cooceto to tbe stote lt locloJes tbe low
of ptopetty ooJ ttost fomlly low tbe low of coottoct metcootlle low ooJ
tbe low of tott
blc law 1bot pott of tbe low wblcb Jeols wltb tbe stote eltbet by ltself ot lo lts
telotloos wltb loJlvlJools eq ctlmlool low
8gd conson A coostltotloo wblcb ls wtltteo ooJ Jlfflcolt to cbooqe os tbete ote mote
botJles to omeoJ lt tboo o flexlble coostltotloo
8le of law
Soveregn sae
Sae Ctoops of people wblcb bove ocpolteJ lotetootloool tecoqoltloo os oo
loJepeoJeot coootty ooJ wblcb bove o popolotloo o commoo looqooqe
ooJ o JefloeJ ooJ Jlstloct tettltoty lt ls tbe folctom (llpofos) of low
Sae law Moolclpol low
Sae
Sbsanve law 1be cooteot of tbe low
1rbnal
ub Soceas lb !s A leqol moxlm wblcb meoos wbete tbete ls soclety tbete ls low 1bls
moxlm tevolves otoooJ tbe coocept tbot low ooJ soclety ote loJlvlslble
1be moxlm stotes tbe foct tbot low ls loJlspeosoble to evety otqoolseJ
soclety Moloteoooce of peoce ooJ botmooy of o soclety wlll boppeo lo
lts eotltety ooly lf tbete ls o low fot tbe soclety

W Coalition CovWrnmWnt in tW UK {May - PrWsWnt]
O rme Mnser uavd ameron (onservave ary leader)
O uepy rme Mnser nck legg (Lberal uemocras leader)
O Cpposon Labor ary
O pac beween he cenrs Lberal uemocras and he larger onservave ary n whch boh
sdes made sacrfces
Constitution
wbot ls tbe fltst low of Molto lo blstoty?
1be coostltotloo of Molto

conson s hsorcally he frs law of a sae and n addon s spreme law l s fndamenal
as defnes wha law s n a sae 8eng a spreme law any law whch conradcs he conson s
exclded as seen n arcle 6 of he onson whch was lfed from he 8rsh olonal valdy c
1hs arcle also ensres ha he onson s above arlamen hs arlamen s no soveregn

Attlcle 6 ftom tbe coostltotloo of Molto

1he onson also creaes he nses whch make law

Attlcle 51 ftom tbe coostltotloo of Molto

Attlcle 65 ftom tbe coostltotloo of Molto

ln he laws of Mala he onson s classfed as chaper 0 ln mahemacal erms he nmber ero
mples nonexsence however he legslaor made se of hs classfcaon for anoher reason lrsly
mples ha no oher law can ever precede Secondly o show ha s dfferen and dsnc ype of
law from all he oher chapers 1he Malese onson s above all oher laws (see rcle 6) f new
laws go agans he conson hey wll be eqally declared vod and nll 1he valdy of anoher law n
fac depends on he onson snce law s a herarchy Lu law can only be law f n erms of or
conson 1he conson creaes a monoony of law
1he frs chaper of or onson deals wh a very basc descrpon of Mala 1he onson
defnes he sae

coostltotloo of Molto Attlcle 1 5obottlcles 12

Los xlv L'ea c'es mo"# 1hs was he concep back n he me of kngdoms and monarches Wh
he adven of revolons and new deas Lrope moved gradally owards a lmed governmen Some
Lropeans ravelled o merca and n fac were he frs o come p wh a conson as he frs
example of spreme governmen
ourcWs of tW constitution
1he sorce of he Malese cvl code s he lrench cvl code 1hs s so snce drng he enacng of or
cvl code he lrench one was sed as a model 1he Malese onson s modelled on he 8rsh
onsons enaced n Mala when was a colony
Wha are he sorces of law?
a ase law
b Sae law
c som
d onvenons of he conson
e Lu law
f hors (ucey)
Wha are he sorces of consonal law?
1he conson and Lu law
ammut vs. trickland {98]
ourcWs of Constitutional Law in tW UK
a !dcal sorces
b Legslaon
c arlamenary pracce
d Wrngs by 1ysee lexo
e Pman 8ghs reay
f !dgemens of Srasborg
g Lu membershp
h onvenons of he conson
. W NaturW of Constitutional and AdministrativW Law
1he consonal law of a sae s he law relang o he conson of ha sae
.. Law
1he law of sae consss f hose rles of condc whch are enforced by he dly consed cors f
ha sae 1hs defnon however does no explan whence (from where) he cors derve her
ahory o lay down he law nor why he cors n admnserng [sce look o ceran sorces and
no o oher and look o hose sorces n a ceran order and a n ceran way Lnforcemen by he
cors may be sed o dsngsh beween legal and nonlegal rles of condc Lnforcemen by he
cors does no necessarly mean specfc enforcemen b sally akes he form of pnshmen or
some oher reamen (n crmnal law) or an order o pay damages or o delver p propery (n cvl
law)
Legal rles are dsngshed from rles of pblc moraly whch are no enforced by he cors
alhogh hey may n some cases eg consonal convenons be recognsed as exng by he cors
Legal rles are also dsngshed from rles of prvae moraly or ehcs whch are no enforced by he
cors 1he conens of ehcs and law overlap o a grea exen eg mrder hef and slander b
here are many rles of ehcs whch he law does no seek o enforce sch as he commandmen o
honor or parens and many legal rles whch are no nrnscally moral
Law ncldes no only he sm oal of parclar laws wheher saory or oherwse b also he
complex nerrelaons beween hose laws as well as he echnqe [dcal preceden saory
nerpreaon and so on by whch he law s admnsered
.. W statW
We may defne a sae as an ndependen polcal socey occpyng a defned errory he members of
whch are ned ogeher for he prpose of ressng exernal force and he preservaon of nernal
order flly developed modern sae s expeced o deal wh a vas mass of socal problems eher by
drec acvy or by spervson or reglaon ln order o carry o hese fncons he sae ms have
agens or organs hrogh whch o operae 1he apponmen or esablshmen of hese agens or
organs he general nare of her fncons and powers her relaons lotet se (amongs hemselves)
and beween hem and he prvae cen form a large par of he conson of he sae
.. W constitution of a statW
1he word conson# s sed n wo dfferen senses he absrac and he concree 1he conson
of a sae n he absrac sense s he sysem of laws csoms and convenons whch defne he
composon and powers of organs of he sae and reglae he relaons of he varos sae organs o
one anoher and o he prvae cen conson# n he concree sense s he docmen n whch
he mos mporan laws of he conson are ahoravely ordaned (esablshed)
... rittWn and unwrittWn constitutions
conson has o be wren# when he mos mporan consonal law are specfcally eoocteJ
robably all saes excep he uk and lsrael now have manly wren or enaced consons 1hose
who aan power n a sae wheher as a resl of revolon (lrance) war of ndependence (uS)
federaon or confederaon of exsng ns (Swerland) or emergence of a new ndependen naon
(Mala) p no he form of legslave enacmen he manner n whch he sae s o be organsed
governmen carred on and [sce admnsered and hs arrangemen s commonly approved by a
referendm of he elecorae 1he mos mporan laws consng he bass of he sae are specfed
n one formal docmen or a seres of formal docmens whch are bndng on he cor and all persons
concerned
... FlWiblW and rigid constitutions
flexlble conson was defned by ucey as ooe ooJet wblcb evety low of evety Jesctlptloo coo
leqolly be cbooqeJ wltb some eose ooJ lo tbe some moooet by ooe ooJ tbe some boJy# ucey defned a
tlqlJ conson as ooe ooJet wblcb cettolo lows qeoetolly koowo os coostltotloool ot fooJomeotol
lows coooot be cbooqeJ lo tbe some moooet os otJlooty lows#
Where he conson s rgd ceran provsons are dsngshed from ohers n ha some speclol
ptoceJote s necessary for her aleraon f hey are legally alerable a all Mos Lropean and
mercan consons are rgd 1he mehod of amendng fndamenal# or consonal# laws vares
n dfferen consons may be he legslare sng n a specal way (lrance) or wh a prescrbed
ma[ory or a prescrbed qorm (8elgm) or a referendm elecorae (Swerland srala)
unwren consons are n pracce flexble b wren consons are no necessarly rgd 1he
consons of he sralan saes for example are wren and largely flexble
.. W scopW of constitutional law
1he onsonal law of a sae s he law relang o s conson l embraces ha par of a
conry's laws whch relaes o he followng opcs among ohers
O 1he mehod of choosng he Pead of Sae wheher kng or presden and hs powers and
prerogaves
O 1he conson of he legslare and he power and prvleges of s members
O 1he sas of Mnsers and he poson of cvl servans who ac nder hem
O 1he armed forces and he power o conrol hem
O 1he relaons beween he cenral governmen and local ahores
O 1reaymakng power
O enshp
O 1he rasng and spendng of pblc money
O 1he general sysem of cors and he enre and he mmnes of [dges
O vl lberes and her lmaons
O 1he parlamenary franchse and elecoral bondares
O 1he procedre (f any) of amendng a conson
.. W functions of govWrnmWnt
1be leqlslotlve fooctloo s he makng of new law and he aleraon or repeal of exsng law
Who a legslave body of some sor a sae cold no provde law readly enogh o mee
modern condons 1wo mehods of drec lawmakng are fond n some saes he tefeteoJom
by whch ceran measres have o be sbmed for approval o he elecorae before beng
enaced by he legslare and he loltlotlve by whch ceran knds of measres may be
proposed by a specfed nmber of elecors for enacmen 1he referendm s sally a mehod
for amendng federal consons
1be execotlve ot oJmlolsttotlve fooctloo s he general and dealed carryng on he governmen
accordng o law ncldng he framng of polcy and he choce of he manner n whch he law
may be made o render ha polcy possble 1he scope of hs fncon nowadays nvolves he
provson and admnsraon or reglaon of a vas sysem of socal servces pblc healh
hosng asssance for he sck and nemployed welfare of ndvdal workers edcaon
ranspor and so on as well as he spervson of defence order and [sce and he fnance
reqred herefore whch were he orgnal asks of organsed governmen
1be joJlclol fooctloo consss n he nerpreaon of he law and s applcaon by rle or
dscreon o he facs of parclar cases 1hs nvolves he asceranmen of facs n dspe
accordng o he law of evdence 1he organs whch he sae ses p o exercse he [dcal
fncon are called cors of law or cors of [sce
. CWnWral CaractWristics of tW Britis Constitution
.. UnwrittWn constitution
1he 8rsh conson s descrbed as nwren# becase s no emboded wholly or manly n any
enacmen or formally relaed seres of enacmens
1he laws of he 8rsh conson comprse of for knds of rles
5totote low
commoo low
costom
v coostltotloool cooveotloos
... tatutWs
1hese conss of cs of arlamen and sbordnae legslaon
Sbordnae legslaon consss manly of legslaon made by persons or bodes o whom he power has
been delegaed by arlamen arlamen confers on he Ceen n oncl he power o legslae by
Crders n oncl a mehod whch s sefl for fllng n he more mporan deals gvng effec o he
prncples of he enablng c and also valable n mes of emergency when arlamen may no be n
sesson Legslave powers are also freqenly delegaed by arlamen o ndvdal Mnsers local
governmen ahores and pblc corporaons uelegaed legslaon made by local ahores s
known as byelaws and s pblshed by he local ahory concerned
... Custom
csom n prvae law s a rle of condc whch has no been ad[dcaed (seled) pon by he cors
b whch wold be recognsed and enforced by he cors f he maer came before hem l s based
on sage b n order ha may be recognsed by he cors of law a csom ms be
8egarded by hose sb[ec o as oblgaory
eran
8easonable
v Cf mmemoral anqy and
v l ms have been n exsence connosly
1hese are he man ess whch Lnglsh cors apply o an alleged general csom no hhero
ad[dcaed pon
.. FlWiblW constitution
1he 8rsh onson s descrbed as flexble# becase any prncple or rle of he conson can be
alered by he same body and n he same manner as any oher law ln oher words here s no formal
dsncon beween laws ha are specfcally consonal# or fndamenal# and ha are no 1he
body whch has he power o aler he conson or any oher rles of law s he Ceen n
arlamen and he procedre s he same as for any oher legslaon 1he legslare s spreme over
he onson 1he flexbly of he 8rsh onson s corollary of he fac ha here s no wren
conson or hgher law# bndng on arlamen and he conseqen legslave spremacy of
arlamen 1he cors herefore have no power o revew# parlamenary legslaon and o declare
nconsonal
.. LWgislativW suprWmacy of ParliamWnt
1he mos mporan characersc of 8rsh consonal law s he legslave spremacy (somemes
called soveregny#) of he uk arlamen osvely hs means ha arlamen can legally pass any
knd of law whasoever negavely means ha here s no person or body whose legslave power
compees wh or overrdes We may call he one fndamenal law of he 8rsh onson
whch may self be nalerable by arlamen
... CaractWristics
a 1he denfcaon of legslave power 1he arlamen boh 8rsh and Malese has he power
o make law
b Lxclsvy of soveregny 1he arlamen boh 8rsh and Malese s he only eny n s sae
o make law
c l may no be conrolled by any oher person or oher Cnce an ac n 8rsh arlamen s
enaced s appled by he cors however repgnan or oppressve may be 1he ors have
o apply n he manner hey fnd s accordng o Monesqe's esptlt Jes lols he valdy
of cors o revew legslaon wold be oppressve becase he cors are no eleced
democracally lke arlamen

.. Constitutional or limitWd Monarcy
1he 8rsh polcal sysem s n form monarchcal 8 s a lmed or consonal# monarchy as
opposed o an absole or srong monarchy 1ha s o say he governmenal powers whch as a maer
of legal form are vesed n he Ceen are n pracce exercsed accordng o he laws csoms and
convenons of he conson and hey are exercsed eher by he Ceen on he advce of her
Mnsers or by he Mnsers n her name 1hs prncple apples boh o he Ceen's common law
(prerogave#) powers and her saory powers l s a prodc of Lnglsh polcal hsory from he 17
h

cenry when he monarch ceased o govern eher hmself drecly or hrogh delegaes lmed only
by he law 1he modern prncple s secred by means of consonal convenons
.. mportancW of constitutional convWntions
1he word convenons# as sed by consonal lawyers refers o rles of polcal pracce whch are
regarded as bndng by hose whom hey concern especally he Soveregn and saesmen b whch
wold no be eofotceJ by he cors f he maer came before hem l s consonal convenons
ha descrbe and explan how he conson works how lves and grows 1her general prpose s o
adap srcre o fncon ln hs way he srong monarchy of 1688 has become a lmed monarchy
wh responsble parlamenary governmen
.. Wparation of PowWrs
Separaon of powers dvson of he legslave execve and [dcal fncons of governmen among
separae and ndependen bodes Sch a separaon has been arged lms he possbly of
arbrary excesses by governmen snce he sancon of all hree branches s reqred for he makng
execng and admnserng of (wren) laws
1he docrne may be raced o ancen and medeval heores of mxed governmen whch arged ha
he processes of governmen shold nvolve he dfferen elemens n socey sch as monarchc
arsocrac and democrac neress 1he frs modern formlaon of he docrne was ha of he
lrench wrer Monesqe n ue lesptlt Jes lols (1748)
Monesqe's argmen ha lbery s mos effecvely safegarded by he separaon of powers was
nspred by he Lnglsh conson alhogh hs nerpreaon of Lnglsh polcal reales has snce
been dsped Ps work was wdely nflenal mos noably n merca where profondly nflenced
he framng of he onson 1he uS onson frher preclded he concenraon of polcal
power by provdng saggered erms of offce n he key governmenal bodes
Modern consonal sysems show a grea varey of arrangemens of he legslave execve and
[dcal processes and he docrne has conseqenly los mch of s rgdy and dogmac pry ln he
20h cenry and especally snce World War ll governmenal nvolvemen n nmeros aspecs of
socal and economc lfe has resled n an enlargemen of he scope of execve power Some who fear
he conseqences of hs for ndvdal lbery have favored esablshng means of appeal agans
execve and admnsrave decsons (for example hrogh an ombdsman) raher han aempng
o reasser he docrne of he separaon of powers

.. W rulW of law
lor ucey he expresson he rle of law# nclded hree dsnc hogh kndred conceps
() 1he absence of arbrary power no man s above he law no man s pnshable excep for a
dsnc breach of he law esablshed n he ordnary legal manner before he ordnary
cors 1hs apples generally n crmnal law and excldes as a general rle prevenve
deenon complsory acqson of goods and drec enforcemen of admnsrave
decsons
() Lqaly before he law Lvery man whaever hs rank or condon s sb[ec o he
ordnary law and he [rsdcon of he ordnary rbnals 1hs ucey conrased wh he
lrench Jtolt oJmlolsttotlf nder whch he responsbly of pblc offcers for her offcal
acs s decded by a dsnc sysem of admnsrave cors
() 1he general prncples of he 8rsh onson especally he lberes of he ndvdal
sch as personal lbery freedom of speech and pblc meeng are he resl of [dcal
decsons n parclar cases 1he conson s [dgemade
.8. ParliamWntary ovWrWignty
1he docrne of parlamenary soveregny has been long regarded as he mos fndamenal elemen of
he 8rsh onson ucey descrbed as 'he domnan characersc of or polcal nsons'
'he very keysone of he law of he conson' l s sad ha arlamen s able o enac or repeal any
law whasoever and ha he cors have no ahory o [dge saes nvald for volang eher moral
or legal prncples of any knd onseqenly here are no fndamenal consonal laws ha
arlamen canno change oher han he docrne of parlamenary soveregny self
1he words 'arlamen' and 'soveregny' can have dfferen meanngs when sed for dfferen prposes
Some hsorans who refer o parlamenary soveregny mean he power of he wo Poses o conrol
he exercse by he rown of s prerogaves 8 ha perans o wha s now called 'responsble
governmen' whch s concepally and praccally dfferen from parlamenary soveregny 1he
legslave soveregny of he rown n arlamen s compable wh he rown havng nqesoned
ahory o re[ec 8lls passed by boh Poses and o exercse prerogave powers regardless of her
approval l follows ha parlamenary soveregny mgh n prncple have exsed well before he 19
h

cenry when responsble governmen became frmly esablshed
ucey defnes he soveregny of arlamen n erms of wo crera one posve and one negave 1he
posve creron s ha arlamen has 'he rgh o make and nmake any law whaever' he negave
one s ha 'no person or body s recognsed by he law of Lngland as havng a rgh o overrde or se
asde legslaon of arlamen
. Britis Colony - Malta
.. ntroduction
colony s nder he soveregny of he rown (8rsh arlamen) boh n he sense of governmenal
power and n he sense of ownershp and belongng Mala was acqred by he 8rsh Lmpre by
volnary cesson by he nhabans
.. PowWrs of colonial lWgislaturWs
olonal legslares are sbordnae lawmakng bodes and her powers depend on he sae Crders
n oncl or leers paen granng hem 1hey are nvarably gven a general power o make laws for
peace order and good governmen# of he colony colonal legslare s resrced as o he area of s
powers b whn ha area s nresrced and does no ac as an agen or delegae
. Constitutional ConvWntions
.. NaturW of constitutional convWntions
onsonal convenons are rles of polcal pracce whch are regarded as bndng by hose whom
hey concern especally he Soveregn and saesmen b whch wold no be enforced by he cors
f he maer came before hem
.. udicial rWcognition of convWntions
onvenons are no enforced by he cors f here s a conflc beween convenons and law he
cors ms enforce he law 1he sancons for convenons are polcal hogh he volaon for
convenons s nconsonal#
Legslaon may recognse or presppose convenons 1hs he Mnsers of he rown c 1937 mpled
a knowledge of he exsence of he rme Mnser he Leader of he Cpposon and he abne and
laer saes dealng wh salares and pensons acknowledge he leaders of he Cpposon and hef
Whps n boh Poses 1he preamble o he Sae of Wesmnser 1931 reces several convenons of
nerommonwealh relaons
onvenons are capable of beng formlaed n sae eg he Sae of Wesmnser 1931 s4 and
hey have been ncorporaed (wh or who [scable effec) n varos ommonwealh
consyons
onvenons wold be meanngless who her legal conex Lvery consonal convenon s closely
relaed o some law or laws whch mples 1he convenons formng he abne sysem for example
presppose he laws relang o sch maers as he Ceen's royal prerogave he offce and powers of
Mnsers (excep he rme Mnser) he conson of governmen deparmens and he
composon of arlamen
.. PurposW of constitutional convWntions
onvenons are a means of brngng abo consonal developmen who formal changes n he
law 1hs hey ofen do by reglang he exercse of a dscreonary power conferred on he rown by
he law l ms no be spposed ha convenons are peclar o nwren consons hey are
fond o a greaer or less exen n wren consons as well eg anada and srala
1he lmae ob[ec of mos convenons s ha pblc affars shold be condced n accordance wh
he wshes of he ma[ory of he elecors e democracy 1he reason why he Mnsry ms be chosen
from he pary or pares en[oyng ma[ory n he ommons s ha on he assmpon ha he ma[ory
of he ommons reflec he vews of he ma[ory of he elecors a Mnsry so seleced wll be mos
lkely o gve effec o he wll of he naon as a whole nd hs s also he reason why he Ceen shold
ac on he advce of Mnsers why Mnsers shold resgn f hey lose confdence of ommons and why
he Pose of ommons shold have a polcal ascendancy over he Pose of Lords especally n maers
of fnance
.. How and wWn do convWntions bWcomW WstablisWd?
Many convenons are ndeed based on sage alhogh hs s no necessarly of long sandng Some
convenons however especally among hose concerned wh ommonwealh relaons are based on
agreemen and we know exacly when and how hey were formlaed
.. y arW convWntions obsWrvWd?
Cbedence s yelded o he convenons becase of he conseqences ha wold planly ensre f hey
were dsregarded 1hs f arlamen were no smmoned annally he army and ar force cold no
lawflly be mananed an mporan par of pblc revene namely ncome ax cold no be lawflly
rased and even less cold be lawflly spen lf he Ceen apponed as M someone who dd no en[oy
he confdence of he ma[ory of he ommons he and hs colleages cold be defeaed n he lower
Pose
Some convenons are no always observed f specal crcmsances warran a deparre from
esablshed pracce b f hey were no reglarly observed hey wold no be or wold cease o be
convenons
ucey conclded ha he sancon of consonal convenons hose ha reglae he relaons
beween he execve and arlamen s o be fond n he fac ha a person who perssed n he
breach of convenon wold nevably be led no a breach of he law sooner or laer# n one place he
says mmedaely#
.. ConvWntions and Malta
ln Mala all convenons are enaced n or conson !s lke he 8rsh convenons hese are no
enforceable by he Malese ors ln nare hese rles are no changed eg he apponmen of a
M he dssolon of arlamen and he dsmssal of a M
. ParliamWnt
ln democraces parlamen s an mporan elemen s he organ hrogh whch he neress of he
people are medaed whn he governmen nowadays he process hrogh whch deocracy manfess
self
1he manner of elecng Ms n an elecon s a separae sse ln modern democraces one wll fnd he
se of he prncples of onemanonevoe and nversal sffrage whch have no always exsed
Powever nowadays sffrage ms be free from any consran by he governmen
1he onson of Mala saes ha an elecon shold be free from any corrp or llegal pracce hs
ensrng correc represenaon of he people n parlamen 1hs s ndeed a fndamenal concep of
parlamen as s fncons are drecly a reflecon of s composon
arlamen acs as a medaon nson beween he governmen and he people ln he begnnng of
democraces drec parcpaon n governmen was possble as poplaons were small ln a socey
mad p of 400000 ndvdals n Mala yo canno expec ha all people wll acvely parcpae n he
decsons of he parlamen 1he fncons of parlamen are condoned by hs noon ln
represenaon he delegae nerpres hs mandae and acs n accordance o hs own nerpreaon
Mnoff despe beng n he labor governmen once voed agans
.. Functions
arlamen has legslave dsrbve fnancal and [dcal fncons ln lrance he legslave fncon
s also vesed n he resden
... WlibWrativW function
arlamen s he prncpal delberang hose n a conry 1hs delberave fncon s he dsncve
fncon of parlamen ls dea s ha of a debang fncon engagng n a debae of pblc polcy
olcy s esablshed by governmen hrogh pblc dscsson hs he whole pon of debae s wo
fold 1he dea of exercsng a delberave fncon s o acheve wo prposes
1 1o sense pblc opnon o mporan polcal sses 1hs s done ndependenly of he conex of
responsbly Lven n he presdenal sysem delberaon n congress s possble 1he polcy whch he
uS makes has o be approved n coordnaon by congress 1he pblc s made sensve o mporan
polcal sses crren whn he sae 1hs yo are able o reach o o he people o nflence hem
ln he presdenal sysem he am s no only o wn a debae n he hose b raher o wn he debae
amongs he people l s mporan o keep he pblc connosly nvolved and he debae n congress
s a way of dong hs 1he delberave fncon of parlamen n he hose governmen s esablshed as
he pary or grop of pares whch wns he debaes n he hose ln he parlamenary sysem he
debae n parlamen shows wheher he governmen sll holds a ma[ory l s no nevable ha f yo
lose a debae yo wold lose governmen eg When ur San decded o dssolve parlamen a falre
o wn a debae mean he loss of confdence n he hose 1he governmen cold srvve a loss of
debae l s always dangeros and f happens oo freqenly can be assmed ha he confdence
has been los 8 f yo look o a saon sch as he lalan saon n he las 2 monhs a lo of
manoevres n he lalan parlamen showed he mporance of he debae of he hose Cr deas
abo dvorce are o some exen nflenced by wha s sad n parlamen by polcans as people
dscss hs n newspapers creang a pblc opnon as people express hemselves hrogh readng and
expressng her opnons ersonal convcons on he sse form pblc dscsson 1hs pblc
dscsson s provoked hrogh parlamen nave 1hs s wha democracy s abo when yo come o
legslaon f yo have a debae gong on people wold fnd easer o adhere o he new law 1he
delberave process n parlamen also forms an edcave prpose n he sense ha people ge o
know abo he law before s enaced 1he delberave fncon s mporan becase
0 l encorages he creaon of pblc opnon
1 l shows people wha s happenng n he sae
2 ln parlamenary sysem has a drec effec on he exsence of governmen as a loss of debae
by he governmen means a loss of governmen
When he governmen moves s moon o amend he law here s a delberave process as parlamen
debaes wheher he law shold reenaced or no he syle of enacmen are consdered n deal and
so forh 1here s also a debae pon he bdge as he governmen exercses a delberave fncon n
ryng o make he bdge he governmens polcy wold be approved 1he debae s abo polcy
raher han ha abo he changes n he way he governmen ses he fnances of he conry 1he
delberave process s par and parcel of he whole game lf yo ake sandng orders esablshng he
daes pon whch parlamen mees a he sar of nearly every legslare he parlamen ps a
procedral moon n order o esablsh he manner n whch parlamen wll mee and procedres
carred on 1he las moon lad down n2008 saes ha parlamen mees on Monday a 1esday and
Wednesday and no when prvae moons are aken 1here are gmmcks endways of how parlamen
can force moons o be aken 1he pon s ha here was no day reserved for prvae members
bsness and herefore becomes dffcl o debae abo 1he speaker has no ahory o go
beyond or osde sandng orders 1he delberave fncon s no smlar o wha happens n a coffee
hose l s a reglaed debae 1here s me for persons o speak and me for hem o be slen 1he
whole delberave fncon of he hose whaever s abo s he exercse of ha debae Sandngs
orders reglae he manner nqry he debae proceeds n order o make permssble for he debae
o be affeced arlamen has he prvlege of creang s own sandng orders and s able o sop hem
from beng affeced l makes hem and nmakes hem 1he order process s no mposed by he
presden or he speaker b by he sandng orders of he hose and he speaker has he ahory o
apply hem as hey are 1he hose self on a moon can sspend all sandng orders and esablsh all
procedre
1hs delberave fncon s seen as beng so mporan ha wane of ehkernels n he developmen of
he uk parlamen ln fac he speech a mp makes s prvleged n he sense ha he s mmne from any
lably comng o of ha speech 8efore he monarch had he ahory o ake care of whoever spoke
agans somehng she beleved n b hs s presen no more as he members can speak freely who
any lably 1hs s also a prvlege n he Malese conson when here s wren ha f a member
speaks n parlamen he s mmne o sng for nsance 1oday here s a lo of debae abo hs
prvlege 1he prvlege arose when was necessary n order o lm he powers of he execve when
wasn' on ehnc wh parlamen
lf he rme Mnser n he uk Mala or laly loses he debae n he hose he loses hs offceand hs
ms resgn or advse o dssolve parlamen lfred San had advsed for dssolon pon losng a
debae 1he people are he lmae soveregn n he land parlamen s smply he legal soveregn 1he
convenons srrondng dssolon and resgnaons ensre ha people are soveregn 1he
governmen remans governmen becase s able o wn debaes n parlamen Wha people say n
he hose s of prvlege 1here are pleny of saons for debae and callng no qeson 1he
qeson me s srcly reglaed by sandng orders can be seen as par and parcel of delberave
process
Pose bsness commee s lead by he leader of he hose and s presded over by he speaker Cn he
days reserved for governmen bsness s he leader of he hose who ses he agenda of he hose
1he agenda s se wh governmen preferences
ln relaon o he bdge here s a whle debae on he fnancal polcy of he governmen yo are
debang also he polcy of he governmen lf governmen s defeaed on a bd sse s defeaed
ulmaely f he convenons are no observed parlamen canseek ways o enforce hem
onvenonally he governmen and parlamen ndersands a voe of no confdence dfferenly l s a
voe ha shows ha a governmen canno rely on an aomac ma[ory even hogh he convenons
of or conson whch we ook from uk conson and wroe hem down no ors reaned her
convenonal characer and ms be appled n erms of polcal pracce convenons so he polcal
realy s rewarded
ameron has o rely on sppor of he lberals 1he momen he lberals say hey are no happy wh he
coalon comes apar and ameron wold have o resgn or advse dssolon Whoever has he
ma[ory wll govern 1he delberave process n parlamen s ed p wh he whole dea of
governmen and how s seleced and enforced 1he whole noon of debae es self no he sse of
who shold govern
... LWgislativW function
nearly all parlamens have a legslave fncon ln realy even nondemocrac parlamens have a
legslave fncon l s perhaps he mos bqos fncon of parlamen 1here are some saons
where he legslave fncon s wholly and exclsvely he fncon of parlamen eg uk and Mala so
ha any oher legslave fncon s exercsed hrogh and nder he ahory of parlamen 1hs s a
characersc of he soveregny of parlamen ln he lrench conson lrench parlamen doesn
have exclsvy on he legslave fncon nybody else who aemps o legslae n Mala can only do
so f he s ahored by parlamen 8yelaws enaced by local concl are ahorsed by he local
concls ac
1he legslave fncon s a process hrogh whch yo may denfy norms as havng law makng
characer 1he blls have legslave vale lor a law o be law has o be assened by parlamen and he
presden ln order o denfy law yo had o consl he emperor and ry o ndersand wha he s
hnkng and he may change hs mnd overngh 1he wll of parlamen may only become law f
expressed n he proper formal process of law makng whch par and parcel of he whole noon of
parlamenary democracy 1he dscplne of he manner n whch he legslave fncon s exercsed s
boh a process o creae sensvy of pblc opnon o law formng process whch wll nflence hem
by pblc opnon 1hose 69 members can provoke a change nlay by enacng acs of parlamen
arlamen ms do whas bes for he conry n he lgh of wha he people wan
Secon 63 and 66 of he conson parlamen has a legslave and consonal fncon Wh he
reqred ma[ory 2/3s can change he conson 1hs parlamen s n realy soveregn ln 1974
39 o of 63 members agreed on he change 1here s agreemen n parlamen whch goes beyond
parsan agreemen 1he sse on dvorce cs across pary lnes rcle 63 has been amended n 2004
wh enrance no Lu
ln Swerland he people are legally soveregn
Wha s he process of legslaon?
l s an ordered process mplyng wo phases a preparlamenary phase whch s somemes apparen
and somemes hdden nl evenally he ac beng sgned by presden ges pblshed n governmen
gaee and becomes applcable as people ms know abo he ac 1here may be provsons of he law
beng rerospecve or delayng applcably of he law 8lls come abo when parlamen fnds he me
for dscsson arlamen may debae rrespecve of governmens opnon b governmen can always
fnd ma[ory o voe no o dscss a bll l may delay he dscsson b he governmen may
evenally fall n a mnory 1he proposal for legslaon comes from he governmens sde l can be a
polcal mporance lrom hen on yo have parlamenary process
% ReferenJu
8eferenda cold o some exen be legslave n characer nsofar as hey have a legslave conex ln
he conex of referenda wold be approprae o analye he saon as follows 1here are 3 ypes of
referenda
a 1he conslave akes place when a polcal sse arses and yo wan o know wha he
people hnk abo l has polcal b no legal mplcaons shows wha he people are
wllng b does no enac brng n force or remove any laws
b 1he legslave
c 1he abrogave repeals legslaon whch s already n place
ln Swerland hey have all 3 knds ln Mala we have only experenced conslave 1he ndependence
referendm dd no sancfy ndependence merely was a polcal seal on legslave nsrmens
enaced 1he legslaon was made n he uk 1here was a nonreferendm when Mala became a
8epblc hs conslave referenda are n he power of he ahores 1he referendm for [onng he
Lu n 2003 whch wen n favor shows he polcal power of he referendm Legally a governmen
eleced afer he referendm needed o be n favor of Lu membershp
8eferenda are reglaed by he referenda ac provdes for conslave and abrogave a legslave
one s dfferen becase s where a parclar proposal s p o he people and f n favor he
proposal became law eg 1he bannng of mosqes n Swerland ln Mala we do no have he
possbly of a legslave referendm 1he people wll no be vong for dvorce b wll smply be
expressng her opnon 1he pressre o enac dvorce legslaon wold be grea b s he sole
prerogave of he parlamen 1he legslave fncon s n hands of parlamen
Wr (ca[on) an order o each voer o cas hs voe where he answer wold be yes or no 1he paper
may have a nmber of qesons b hey ms all be yes or no
% eglxlutlve Procexx
1here s boh a pre parlamenary and parlamenary procedre Legslaon comes p and mares
hrogh procedre 1he process of legslaon s open o all Ms bll needs me for debae o be
nrodced oherwse all prvae members blls may be nrodced ll blls nrodced by parlamen
are known as pblc blls ln uk here s possbly for local concls o nrodce a prvae bll Mos
legslaon comes ready made from governmen deparmens When he makng of a law s fnally
approved by he cabne n a form cabne lkes s moved n parlamenary and yo have
parlamenary legslave procedre
ror o s pblcaon and comng no force each legslave c has o go hrogh a nmber of
parlamenary procedres
Iirst ReoJinq
1he parlamenary legslave process s naed by he presenaon of a moon conssng of [s he
le of he bll a he Cffce of he lerk o he Pose fer hree days he bll s p on he
parlamenary agenda for s lrs 8eadng 1he moon s p o he voe who any debae
SeconJ ReoJinq
upon pblcaon he bll s agan nclded n he agenda of he Pose hs me for s Second 8eadng
1he dscsson generally commences on sch dae as agreed pon n he Pose 8sness ommee lf
he provsons of he bll conse a charge on he onsoldaed lnd he Second 8eadng sage sars
off by he Mnser nformng he Speaker ha he has a message from he resden of Mala
recommendng o he Pose for consderaon 1hs message s passed on o he Speaker who shall
hen read and nve he Mnser o nrodce he bll o he Pose 1he Sandng Crders splae ha
he Mnser movng he Second 8eadng of a bll and he Cpposon Member speakng frs n reply o
sch moon may each speak for one hor and a half he end of he dscsson when no more
Members reqes he floor he mover of he bll s allowed an addonal half hor for he wndng p
ll oher Members may speak once and for no more han 40 mnes wh a 30 mne exenson f he
Pose so agrees 1here also exss he pracce whereby a Member may go on speakng ndefnely by
'Leave of Pose Cnly he prncple of a 8ll as dsngshed from s deals shall be dscssed on he
moon for Second 8eadng fer he wndng p he moon s p o he voe by Mr Speaker
Committee Stoqe
1he nex legslave process s he ommee Sage 1he Speaker leaves he har and he Pose
resolves self no ommee whch s now presded over by a harperson lf he bll does no provde
for any appropraon from he onsoldaed lnd a Mnser may move ha be consdered by he
Sandng ommee for he onsderaon of 8lls urng he ommee Sage each clase of he bll s
examned separaely and n deal 8oh Covernmen and Cpposon Members may propose any
nmber of amendmens drng he dscsson on a parclar clase a he end of whch a voe s aken
on all sad amendmens and he clase as amended When he dscsson ends he harperson nforms
he Pose abo he progress made and wheher he bll was passed wh or who amendmens
TbirJ ReoJinq
1he 1hrd 8eadng of he bll may now be p on he arlamenary agenda and moved by he Mnser
concerned fer png he qeson Mr Speaker may eher declare he bll nanmosly approved
(nem con) or carred lf a dvson s reqesed he Pose shall sspend s proceedngs for 20 mnes
upon resmng he har shall order he hamber doors o be closed and reqess he lerk o he
Pose o call o all he Members names and record he nmber of 'yes and 'noes Mr Speaker wll
hen be n a poson o declare wheher he bll has been carred hrogh s 1hrd 8eadng sage by a
ma[ory of Members presen and vong save as oherwse provded n he onson 1hs vong
procedre apples o all voes aken drng he prevosly menoned sages of he bll
1he bll s hen presened o he resden of Mala for hs assen and pblshed n he Covernmen
Caee hs becomng a arlamenary c
% onxtltutlonul AmenJment
consonal amendmen s a change o he conson of a naon or a sae ln [rsdcons wh
rgd or enrenched consons amendmens do no reqre a specal procedre dfferen from
ha sed for enacng ordnary laws
Some consons do no have o be amended wh he drec consen of he elecorae n a
referendm ln some saes a decson o sbm an amendmen o he elecorae ms frs be aken by
he legslare ln ohers a consonal referendm may be rggered by a cens nave 1he
consons of he 8epblc of lreland uenmark !apan and srala are amended by means of a
referendm frs proposed by parlamen 1he consons of Swerland and of several saes n he
uned Saes may be amended hrogh he process of poplar nave
1he Malese onson of 1964 may be amended by a 2/3's ma[ory n arlamen excep n he case
of alerng he Covernmen's erm n offce whch wold reqre a referendm
SA Constitutionol AmenJment Process
1he ahory o amend he onson of he uned Saes s derved from rcle v of he
onson fer ongress proposes an amendmen he rchvs of he uned Saes who heads he
naonal rchves and 8ecords dmnsraon (n8) s charged wh responsbly for admnserng
he rafcaon process nder he provsons of 1 uS 106b 1he rchvs has delegaed many of he
mnseral des assocaed wh hs fncon o he urecor of he lederal 8egser neher rcle v
of he onson nor secon 106b descrbe he rafcaon process n deal 1he rchvs and he
urecor of he lederal 8egser follow procedres and csoms esablshed by he Secreary of Sae
who performed hese des nl 1930 and he dmnsraor of Ceneral Servces who served n hs
capacy nl n8 assmed responsbly as an ndependen agency n 1983
1he onson provdes ha an amendmen may be proposed eher by he ongress wh a wo
hrds ma[ory voe n boh he Pose of 8epresenaves and he Senae or by a consonal
convenon called for by wohrds of he Sae legslares none of he 27 amendmens o he
onson have been proposed by consonal convenon 1he ongress proposes an amendmen
n he form of a [on resolon Snce he resden does no have a consonal role n he
amendmen process he [on resolon does no go o he Whe Pose for sgnare or approval 1he
orgnal docmen s forwarded drecly o n8s Cffce of he lederal 8egser (Cl8) for processng
and pblcaon 1he Cl8 adds legslave hsory noes o he [on resolon and pblshes n slp law
forma 1he Cl8 also assembles an nformaon package for he Saes whch ncldes formal redlne
copes of he [on resolon copes of he [on resolon n slp law forma and he saory
procedre for rafcaon nder 1 uS 106b
1he rchvs sbms he proposed amendmen o he Saes for her consderaon by sendng a leer
of nofcaon o each Covernor along wh he nformaonal maeral prepared by he Cl8 1he
Covernors hen formally sbm he amendmen o her Sae legslares ln he pas some Sae
legslares have no waed o receve offcal noce before akng acon on a proposed amendmen
When a Sae rafes a proposed amendmen sends he rchvs an orgnal or cerfed copy of he
Sae acon whch s mmedaely conveyed o he urecor of he lederal 8egser 1he Cl8 examnes
rafcaon docmens for facal legal sffcency and an ahencang sgnare lf he docmens are
fond o be n good order he urecor acknowledges recep and manans csody of hem 1he Cl8
reans hese docmens nl an amendmen s adoped or fals and hen ransfers he records o he
naonal rchves for preservaon
proposed amendmen becomes par of he onson as soon as s rafed by hreeforhs of he
Saes (38 of 30 Saes) When he Cl8 verfes ha has receved he reqred nmber of
ahencaed rafcaon docmens drafs a formal proclamaon for he rchvs o cerfy ha he
amendmen s vald and has become par of he onson 1hs cerfcaon s pblshed n he
lederal 8egser and uS Saes a Large and serves as offcal noce o he ongress and o he
naon ha he amendmen process has been compleed
ln a few nsances Saes have sen offcal docmens o n8 o record he re[econ of an
amendmen or he rescsson of a pror rafcaon 1he rchvs does no make any sbsanve
deermnaons as o he valdy of Sae rafcaon acons b has been esablshed ha he
rchvss cerfcaon of he facal legal sffcency of rafcaon docmens s fnal and conclsve
ln recen hsory he sgnng of he cerfcaon has become a ceremonal fncon aended by varos
dgnares whch may nclde he resden resden !ohnson sgned he cerfcaons for he 24h
and 23h mendmens as a wness and resden nxon smlarly wnessed he cerfcaon of he 26h
mendmen along wh hree yong scholars Cn May 18 1992 he rchvs performed he des of
he cerfyng offcal for he frs me o recogne he rafcaon of he 27h mendmen and he
urecor of he lederal 8egser sgned he cerfcaon as a wness
Constituti onol AmenJments
ccordng o he docrne of parlamenary soveregny arlamen may pass any legslaon ha
wshes 8y conras n conres wh a codfed conson he legslare s normally forbdden from
passng laws ha conradc ha conson consonal amendmens reqre a specal procedre
ha s more ardos han ha for reglar laws
1here are many cs of arlamen whch hemselves have consonal sgnfcance lor example
arlamen has he power o deermne he lengh of s own erm 8y he arlamen cs 1911 and
1949 he defal lengh of a erm of parlamen s fve years b hs may be exended wh he consen
of boh Poses 1hs power was mos recenly sed drng World War ll o exend he lfeme of he
1933 parlamen n annal ncremens p o 1943 Powever he Soveregn reans he power o dssolve
parlamen a any me on he advce of he rme Mnser arlamen also has he power o change he
makep of s consen hoses and he relaon beween hem Lxamples nclde he Pose of Lords
c 1999 whch changed he membershp of he Pose of Lords he arlamen cs 1911 and 1949
whch alered he relaonshp beween he Pose of ommons and he Pose of Lords and he 8eform
c 1832 whch made ma[or changes o he sysem sed o elec members of he Pose of ommons
1he power exended o arlamen ncldes he power o deermne he lne of sccesson o he 8rsh
hrone 1hs power was mos recenly sed o pass Ps Ma[esys ueclaraon of bdcaon c 1936
whch gave consonal effec o he abdcaon of Ldward vlll and removed any of hs pave
descendans from he sccesson arlamen also has he power o remove or reglae he execve
powers of he Soveregn
%% lnunclul functlon of Purllument
uoes no mean ha parlamen manages ha manages fnances of parlamen b means ha fnance
s conrolled and overseen by parlamen and ha he fnancal polcy of a conry ms be approved by
parlamen arlamen does no nvolve self n he day day admnsraon of fnance he
begnnng of he year approves or dsapproves he fnancal polcy plan ssed by he governmen lf
dsapproved he whole governmen s scrapped Mos parlamens wll acally voe for he fnancal
polcy se by he governmen snce he governmen sally en[oys ma[ory of he parlamen ln laly
however he approval of fnancal polcy mgh be a clff hanger Covernmen wll have o accon of he
manner n whch has sen he peoples money arlamen s sng n le of he people n homage o
he prncple of acconably ln order for hs conrol saon o be effecve here are
1he naonal ador agreed o by M and opposon leader and apponed by presden o hold offce
for 3 years whch cold be exended or he cold be re apponed Pe en[oys secry of erm excep for
saons for he removal of [dges and 2/3 of parlamen voe o remove hm 1hs he s secred by
he conson Pe may be called pon o veo ode he manner on whch governmen has deal he
fnance 1he naonal ador ads en governmen fnances and repors hs ad o governmen
hrogh he pblc accons comme Pe ls asssed by an asssan ador general apponed n he
same way and he naonal ad offce whch s se p by he naonal ad ac s saffed by people
who are employed and no necessarly cvl servans whos fncon s o ad governmen accons and
repors on governmen fnances
harman of pblc accons s chosen by he opposon
1enderng
1he resdal fncon of parlamen s 1he [dcal fncon
arlamen had a promnen [dcal fncon whch has been whled down and s nearly nexsen
nowadays ln 1973 parlamen sen 2 persons o prson for beng accsed for conemp of parlamen
1986 wren arcle
. PrivilWgWs of ParliamWnt
VPs rave Cerla|r pr|v||eges, r|grls |r excess lo lrose ol olrer c|l|zers, e.g. PoWer lo |eg|s|ale Wr|cr ro
olrer aulror|ly ras, r|grl lo dec|de or |ls oWr procedure oy creal|rg slard|rg orders Wr|cr regu|ale
procedure. lr uK lo pr|v||ege lo regu|ale proceed|rgs |rl|r|le due lo par||arerlary sovere|grly. V|rloll vs.
8org 0||v|er 199. lr uK par||arerl delerr|res corpos|l|or, |r ra|la |l |s rol so. lssues regard|rg
e|ecl|ors lo par||arerl are rallers lor lre courl. 1981 e|ecl|ors ooycoll 0ue lo perverse resu|l, VLP
dec|ded lral PN lorle|led VP r|grls oy rol allerd|rg par||arerl reel|rgs. Tre corsl|lul|ora| courl ray
rave oe ca||ed upor lo delerr|re |ega||ly ol e|ecl|or, so |s courl ol Varcresler |r uK. VPs rave pr|v||eges
persora||y lo lrer: lreedor lror c|v|| arresl (rol cr|r|ra|l), rol lo oe |rlerlered W|lr |r lre|r access lo
par||arerl. Tre c|v|| arresl |s ro |orger poss|o|e |r Va|la. Tre or|y pr|v||ege ol re|evarce loday |s lre
|rrur|ly lror arylr|rg sa|d |r par||arerl. wralever sa|d |r par||arerl ray rol oe lre suojecl ol ||l|gal|or.
Tr|s Was very |rporlarl Wrer par||arerl slarled cor|rg lo |ls oWr, |l ersures lreedor ol d|scuss|or ard
a|so covers reporls rade lo goverrrerl. lr uK jud|c|a| r|slory lre exlerl ol pr|v||ege ol lreedor ol speecr
ard corlro| ol courls or pr|v||ege oy par||arerl. Par||arerl |s a|so ao|e lo pur|sr lor corlerpl. lr|l|a||y
par||arerl ras a r|grl lo corv|cl allerpl ol corlerpl ol oreacr ol pr|v||eges. Va|la vs. 0er|co|| EClR
der|co|| Was aWarded darages. Par||arerl sl||| ras aulror|ly lo ra|e a l|rd|rg ol corlerpl or oreacr ol
pr|v||ege, |l cou|d e|lrer le|| persor lo slop oul lo serd lo pr|sor lre courl ol rag|slrales dec|des.
. udiciary ystWm
1. Tre jud|c|ary rusl rave |rdeperderl ard |rparl|a| persors, |rdeperderce ard |rparl|a||ly
saleguarded oy corsl|lul|or. 3ee arl|c|es |r corsl|lul|or re|aled lo judges ard rag|slrales. Judges
carrol oe crarged lor reg||gerce ouls|de lre|r ro|e. 3a|ar|es crarged lo corso||daled lurds.
2. Corsl|lul|or del|res rarrer ol appo|rlrerl, lerr |r oll|ce, erd ol oll|ce. lr u3A appo|rlrerl lo
suprere courl |s rade oy pres|derl W|lr rear|rg c|eared |r serale.
3. Judge's |rdeperderce ol dec|s|or ra||rg.
1. Tre courls are corsl|luled oy ord|rary |aW. Cr|r|ra| courl cr|r|ra| courl.
5. Corsl|lul|ora| dea|s W|lr lWo courls: l|rsl ra|| ol c|v|| courl ard corsl|lul|ora| courl. 3ecl|or 9.
6 3 arerdrerls rade lre corpos|l|or ol corsl|lul|ora| courl W||| oe auloral|c.
. A Comparison bWtwWWn tW PrWsidWntial and ParliamWntary ystWms
arlamenary sysem s dsngshed by he execve branch of governmen beng dependen on he
drec or ndrec sppor of he parlamen ofen expressed hrogh a voe of confdence parlamen
s a legslave 1he name s derved from he french parlamen he acon of parler (o speak) n
parlamen s a alk a dscsson hence a meeng where people dscss maers of parlamenary
governmen 1he ahory s vesed n a parlamen and here s no clear c n separaon of powers
beween he execve and legslave branches leadng o a lack of he checks and balances fond n a
presdenal repblc ln a parlamenary sysem people voe he members of he parlamen and from
he members of he parlamen hey wll voe for her prme mnser and he voe of no confdence can
be done by he members of he parlamen f hey hogh ha he prme mnser s no capable
enogh o lead 1here are many advanages of a parlamenary sysem lrs s ha s easer and
qcker o pass legslaon wh n a parlamenary sysem 1hs s becase he execve branch s
dependen pon he drec or ndrec sppor of he legslave branch and ofen ncldes members of
he legslave Second he World bank sdy fond ha parlamenary sysems are assocaed wh
lower corrpons Lasly pares n parlamenary sysem have had mch gher deology han n
presdenal sysem 1here are also crcsm of parlamenarsm and he man crcsm of many
parlamenary sysem s ha he head of he governmen canno be drecly voed by he people ln
presdenal sysem he presdens s drecly chosen by he people or by a se of elecors drecly
chosen by he people b n a parlamenary sysem he prme mnser s eleced by he pary
leadershp 1here are also many knds of parlamenary sysem lke he 8rsh arlamen whch s ofen
referred o as he # Moher of arlamens# l s from Lngland and s he model form of oher
parlamenary sysem
resdenal sysem also called a congressonal sysem s a sysem of governmen where he execve
branch exss and presdes sppors from he legslave 1here are many characerscs of a presdenal
sysem of governmen Cne s ha he presden s boh he head of sae and he governmen and
he/she has a fxed erm of offce 1he presden has also he power o pardon or comme senences of
convced crmnals and he/she s drecly eleced by he people 1he presden can be removed from
offce hrogh he process of mpeachmen 1here are also crcsm n a presdenal sysem lke s no
consonally sable ha's why has endency owards ahoraransm l s also dffcl o remove
an nsable presden from offce before hs/her erm has expred ln a presdenal sysem he
presden sally has specal prvleges n he enacmen of legslaon namely he possesson of a
power of veo over legslaon of blls ln he enacmen of legslaon he presden has he power o
drecly propose laws or cas or voe on legslaon 1he cenral prncple n presdenal sysem s ha
he dfference beween legslave and execve branches of governmen 1he execve legslave and
[dcary are performng her own dy and hs s he separaon of power b hey ms check each
oher o make sre f he oher branches s performng her [ob properly and hs s he check and
balance
Top|cs lo cover: 3eparal|or ol poWer
Ru|e ol |aW
Pr|re r|r|sler|a| goverrrerl
Furcl|ors ol par||arerl |r sysler ol goverrrerl
lrdeperderce ol jud|c|ary
Par||arerlary supreracy ard corsl|lul|ora| supreracy