Essay On Constitutionalism

2019 Words9 Pages
In order to answer the statement of whether constitutionalism is something that is far more important than the idea of legality in the United Kingdom, in this essay, I will be outlining the definition and characteristics of British constitution, the doctrine of constitutionalism, idea or principle of legality, rule of law, separation of power and prerogative power. Therefore, I will conduct the existence of the constitution, the current logic based upon it and the doctrine of constitutionalism in the United Kingdom. Moreover, I will conduct an evaluation upon the current system, following by the evaluation of the concept of constitutionalism and conclude by giving my suggestions and the verdict on the system. What is a Constitution? A constitution…show more content…
Mark Ryan Unlocking Constitutional and Administrative Law (British Library Cataloguing in Publication Data, 2007) p 14 4. M Allen and B Thompson, Cases and Materials on Constitutional and Administrative Law (8th edition, Oxford University Press, 2005) p 1 5. The Cabinet Manual – A guide to laws, conventions and rules on the operation of government ( Crown Copyright, 2011), p 2. Monarchy and theocracy are not opposites of constitutionalism, as there can be constitutions providing for a limited/regulated/constitutional monarchy or -that the exercise of power is kept within the legal limits conferred by Parliament. Idea of legality In the words of Timothy Endicott, the principle of legality is ‘allied’ to the rule of law and no administrative authority has discretion to violate the law, or to suspend it. 4. On this respect of principle, Parliament’s job to decide what is legal and what is illegal. In Article 1 of the Bill of Rights 1689, a performance to suspend or execute a law without the consent of the Parliament is illegal 5.This is due to the doctrine of constitutionalism that requires the powers to be performed within the legal scope drawn up by the legislature and by respecting the principles of the constitution, and Parliamentary Supremacy is one of
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