(03) ‘The British constitution is becoming increasingly codified.’ Discuss. (25 marks)
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- ‘The British constitution is becoming increasingly codified.’ Discuss.
- various sources of the British constitution
- Statute law
- Conventions
- European Law
- Works of authority
- Authoritative documentation
- Major constitutional documents
- Common Law
- ‘codified’
- USA
- Set of full and authorative rules written down in one place
- In one document
- Can be ammended
- In one document
- 'uncodified'
- Britian
- Not written down in one place, mainly unwritten.
- Traces can be found across the UK
- growing body of codified constitutional law
- 1998 Human Rights Act
- provisions effectively replace much common law with respect to various freedoms
- freedom of speech and assembly
- freedom from arrest without trial
-
enshrines
the convention in UK law
- The HRA has increased the political role of the judges because they can now declare Acts of parliament or decisions of ministers to be incompatible with the Human Rights Act
- provisions effectively replace much common law with respect to various freedoms
- 2005 Constitutional Reform Act
-
separates
the judiciary from the executive and legislature by creating a
Supreme Court
-
take
over the judicial work of the House of Lords
- established the Judicial Appointments Commission
-
take
over the judicial work of the House of Lords
-
separates
the judiciary from the executive and legislature by creating a
Supreme Court
- effects of membership of the European Union
- Social Chapter accepted by New Labour
-
These
Acts of Parliament have become yardsticks for judges to review laws,
ministerial decisions and local government decisions against
-
If
judge decides that the law or ministerial decision is not compatible
with the HRA or European law
- then he issues a ‘certificate of incompatibility’
-
If
judge decides that the law or ministerial decision is not compatible
with the HRA or European law
- devolution legislation
- much of which has the character of fundamental law
- limiting the legal powers of Westminster
- a formerly sovereign parliament
- establishing a quasi-federal constitution
- 1998 Human Rights Act
- authoritative documentation
- Ministerial Code
- first published as Questions of Procedure for Ministers in 1992
- as a set of ‘rules’ for ministers
- first published as Questions of Procedure for Ministers in 1992
- The Duties and Responsibilities of Civil Servants in Relation to Ministers
- produced by the Head of the Civil Service in 1985
- following the Clive Ponting affair
- became known as the Civil Service Code
- produced by the Head of the Civil Service in 1985
- Ministerial Code
- Cabinet Manual
- drafted by the Cabinet Office
- under Cabinet Secretary Gus O’Donnell
- setting out how the government and civil service relate to the monarchy, devolved administrations and international institutions such as the European Union
- drafted by the Cabinet Office
- prospect of a coalition government in 2010
- called for constitutional clarification by the Cabinet Secretary
- led to the Coalition Agreement for Stability and Reform
- issued in May 2010
- various sources of the British constitution
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