Thursday, May 9, 2019

Constitutional Law Essay Example | Topics and Well Written Essays - 2000 words - 1

Constitutional Law - Essay ExampleThe history of positive law in the UK goes far back to 1689, the year in which the English Bill of Rights was passed. This bill curtailed the gallant familys legality to superimpose its will on the parliament its unlawful suspension and imposing taxes by dint of it. The then King William III and Queen Mary took an oath that they would obey the laws enacted by the parliament. The other valuable laws passed were the 1689 Toleration Act promoting religious toleration and the 1694 Triennial Act obstructing the king from dissolving the parliament and up cut backing of customary elections after three years. These laws provide a background on the present sovereign status of British Parliament and its upper hand over English courts. (Magna Carta, 1215 - 1689 English Bill of Rights) (http// Dicey, in his check Introduction to the Study of the Law of the Constitution (1885) has exposed the supr emacy of Parliament thus Parliament... has... the right to coif or unmake any law whatever and further, that no person or body is treasure by the law of England as having a right to override or set aside the enactment of Parliament. The implications of this school of thought envisaged the supremacy of parliament to make laws. It provided for the future parliamentarians to override an earlier law and it was a prerogative of the Parliament only to make, amend and formulate new laws. Although the Act of the Union of 1707 created ambiguity regarding its act in Scotland and some members of Scottish jury disagreed with it in principle. It becomes clear in Lord Coppers judgement in the case MacCormick v. Lord Advocate in 1953.It is often said that it would be unconstitutional for the United Kingdom Parliament to do certain things, If Parliament chose to do any of them the courts would not hold the Act of Parliament invalid. But the actual picture was quite different. In 2004 when the

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.