Friday, May 3, 2019
Rule of Law - UK law Essay Example | Topics and Well Written Essays - 1500 words
happen of Law - UK law of nature - Essay ExampleThis drawback was recently remedied substantially, albeit not grapplely, by the Constitutional Reform shape 2005.1 For instance, thither is now a Supreme Court to a lower place Part 3 of the law which has taken over the judicial powers of the House of Lords which used to have appellate jurisdiction. Being then all under the Queen, the rule of law was said to be hinged on her reign in the parliament which makes laws and on her sovereignty in the courts which interpret and apply the law. From within this ambit was derived the structure of the so-called twin foundations. While it is certain that the duties and functions of the Queen are more ceremonial, there are still facets over which she wields power which she may consumption at will. Important examples are her needed assent for the final enactment of a bill into law and her influence over the appointment of the Prime Minister and the other members of the cabinet because of th e need for the Queens formal consent. Although cut down in the course of history, the supremacy of the monarchy can still be felt. As a matter of fact, there were, and still there are, moves to abolish it on the strong suggestions that it is inutile and hugely expensive.2 Some claim that a democratic standard republic will be a better and effective form.3Another aspect in the United Kingdom government worth pondering is that it does not have a complete written set of codified laws and that includes its own constitution. Case laws which are actually compilations of decided or certain jurisprudence have a lot to do in the law-making processes which are, ironically, borne out of judicial pronouncements. This means that what the courts solved would become laws. Stated straightforwardly, therefore, the makers of the law interpret the law in the event of a controversy or in incidents where there are doubts in construing that particular law. Incidentally, with the raw Constitutional Ref orm Act 2005, the new Supreme Court may be able to thresh out all the possible hitches. Since the heights court started working only on October 1, 2009, a lot of patience is needed until the intended reforms are made effective slowly and gradually in the mainstream of justice administration. Along this line, it can be hoped in large part that the new law for constitutional reform will bring about prescribed changes.4 The twin foundations of the Queens sovereigntyDuring one of the deliberations of the constitutional reform bill, the Law Lords had the occasion to mention the ruling in X v Morgan Gramplan (Publishers) Ltd. which enunciated the principle that the rule of law in the United Kingdom is founded on both(prenominal) the Queens sovereignty in the parliament which is charged with the enactment of laws and the Queens sovereignty over judicial proceedings curiously those administered by the House of Lords in its duties anent appellate jurisdiction.5 It has always been debated if the somewhat irregular or abnormal mise en scene contradicts the precepts on separation of powers. It is like taking exceptions on one person being the prosecutor, the judge and the executioner. The ideal has a direct correlation with the
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.