United Kindom Constitution
United Kindom Constitution - Before we go on examine the nature of the British constitution it is important that you have a clear understanding of what is meant by the’organs’ or ‘institution’ of government.In this context we mean the executive, the legislature and the judiciary.In addition ,in the United Kingdom,,the monarch has an important constitutional role as head of state
United Kindom Constitution - Because the rules of a constitution are laws of fundamental importance ,it is not surprising that they are often embodied in a single written document.Thus,for example ,the Constitution of the United States was reducedto writing in 1787 and the document which comprises it( as subsenquently amended ) lays down the fundamental law of America today.Further the U.S. Constitution ,like many other written constitutions ,can not be altered easly constitutional amendment can only be carried if a very substantial majority ,bouth in Congress and the individual States,approve it .
Our constitution is just as important to us as the U.S.Constitution is to the Americans.Nevertheless,it is not ‘written ‘:that is to say,it has never been reduced to writing.Further ,since parliament is’sovereing’ it can’t without any special procedure ,and be simple Act,alther any law at anytime however fundamental it may seem to be .
Althought ,therefore our courts have always been astute ,to saveguard the rights of the subject and althought certain legal remedies,such as habeas corpus are designed to protect him ,yet ,under our constitution, there are no guaranteed rights similar ti the fundamental liberties saveguarded by the U.S.Constitution
The statement that our constitution is not “written”does not mean that we possess no important constitutional documents,it means that the constitution is not embodied in any single document ,or series of documents,containing our essential constitutional laws.
Thus we have many enactments which either have been or still are,of great importance..One need only cite as examples Magna Carta (1215),the Bill of Rights (1688) -which sets out the principal rights gained by Parliament and the nation as the result of the seventeenth century constitutional struggles-the Act of Settlement (1700),and the Parliament Acts 1911 and 1949. A number of issues in this relate to our earlier definition of constitution –the extent and control of government power and the protection of the rights of the citizens.
The first major source for the law of the constitution comes in the form of legislation.The Magna Carta ,extracted from King John in 1215 under threat of civil war ,was the earliest attempt to limit the powers of the monarch and to define the extent of the rights and liberties his might hope to enjoy.The re-enactement of this Great Charter in 1297 constitues the first in a long series of statues dealing with ever-shifting functions of the major organs of government and their relationship with one another.
1297,Re-issue of the Magna Carta(1215)is a declaration of certain fundamental principles:no one should lose his life or liberty ”except by the lawful judgement of his equals and by the law of the land”:the king should not sell,deny or delay justice;punishment should be in relation to the seriousness of the crime,etc.
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