Constitutional Law in US (pdf)

Constitutional Law

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
P1.1 Define the constitutional law with the principles of constitutional....................................1
P1.2 consider the flexibility of the unwritten constitution of the UK. .......................................2
P1.3 Discuss the Doctrine of Parliament sovereignty with reference of case ............................2
TASK 2............................................................................................................................................3
P2.1 Assess the relevance of A.V Discey's Conception of rule of law for the conditions of the
UK today. ...................................................................................................................................3
P2.2 Discussing the nature of prerogative power of crown and judicial controls.......................3
TASK 3............................................................................................................................................3
P3.1 To what extent does UK system of government reflect doctrine of the separation of
powers.........................................................................................................................................3
P3.2 Find each relevancy term of Executive, Legislature and Judiciary relevancy to each
institution. ...................................................................................................................................4
TASK 4............................................................................................................................................4
P4.1 The role of parliament in law making process. ..................................................................4
P4.2 Discuss the nature of the prerogative powers of the crown and the political and judicial
controls that exist over their exercise..........................................................................................4
P4.3 Range of individual and collective responsibilities of government ministers for which
they established...........................................................................................................................5
P4.4 Constitutional rules and procedures which regulate appointment, tenure, power and
duties of the prime minister.........................................................................................................5
CONCLUSION ...............................................................................................................................5
REFERENCES................................................................................................................................6

INTRODUCTION
Constitutional law is the regulatory body which defines the role, power and structure of
different entities within a state, namely the executives the parliament or legislature and the
judiciary as well as the basic rights of citizens in federal countries. Some countries are United
States and Canada. Relationship between all central governmental and all nation state.
Constitutional law deals with different principles by which the government take all some
necessary steps. Present report will be based on Constitutional Law under which various
important aspects of law will be discussing. It will define the overall system of the UK under
which all necessary outcomes will be seen. It will explain Plural Society constitution needs to be
unitary in character. Further, it will also focus on the flexibility level that weather flexibility of
the unwritten constitution of the United Kingdom. Overall, this report covered all important
aspect of the overall legislation of the country.
TASK 1
P1.1 Define the constitutional law with the principles of constitutional
Constitutional principles or law has been given United state over the last 220 years. It
helps to govern the process of implementation of the constitution. All principles and govern
factor has including the fact which includes and aims that to make perfect union, establish
justice, domestic tranquility for the Plural society (Barber and et.al., 2015). Country must be
unitary and equal with the people to maintained better environment in the country. With the
helps of constitutional law principles issues can be settled within the system.
The constitution is the written document: it is the principles which is mostly based on
four methods and its apply only to the written document (Principles of Constitutional
Construction, 2018).
Authority of the constitution is the ratification and state admissions: According to
Article V. all the authority, act expressed through adoption of amendments as provided. This
helps to make unitary society (Principles of Constitutional Construction, 2018).
Provisions of the constitutional are mutually consistent: there is no integral
contradiction except provisions which is amendment inconsistent with a previous provision.
Right and Powers are complementary: These principles of constitutional law take
correct action by the government. Under which every power which is delegated might be
restricted on immunities in the system (Borrows, 2014).
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From the basis of following principles will create the situation of unitary among plural
society.
P1.2 consider the flexibility of the unwritten constitution of the UK.
Supremacy of constitution is the set of structure and procedure through which other rules
has been adopted and revision for new developments in the overall system. It also helps to create
principles and procedures as well (Supremacy of the Constitution, 2018). According to this
principles UK should replaced written constitution from the unwritten constitution. It also helps
to bring proper and systematic nature of fact which covers all related concepts of constitution.
There are two ways of law that is one material of compliance and one formal of validity.
Therefore, it has been seen that control of validity has always preceded control of compliance.
This the regulatory body having power to control the negative things into their own level.
Supremacy of constitution is the complex process which showing legal values and legal system
on the sociology political system of a state (Chemerinsky, 2016). Different types of Constitution
types define the overall system. Such as codified, uncodified, flexible and inflexible
constitutions. Monarchical and Republican constitutions.
P1.3 Discuss the Doctrine of Parliament sovereignty with reference of case
Constitutional values to ever changing social realities and economic changes and down
turns. Constitutional basically refers to the rights carved out in the federal and state constitutions.
All states have their own constitution system in the country accordingly they adopt the overall
system (Principles of Constitutional Construction, 2018). All the rights and regulation has
covered under the law of US constitution. Basically, it is the overall written text of the state
which is covered federal constitutions.
Sovereignty or supremacy of parliament is the most prominent and essential
characteristics of the UK constitution. It is the result or outcomes of the struggle between King
and parliament. In 1689 established the bill of parliament which is called constitutional monarch.
In concept of sovereignty involves two main authorities which is named political and legal
system. For example the case of Queen Vs Liyanage. This is the case which is covered by
criminal offenses under laws of the parliament of Ceylon (Jackson and Tushnet, 2014).
Doctrine of Parliament supremacy is the strictly adhering and based on parliament. Under
the law of supremacy in case absence of a written constitution it is possible for the legislature to
take the power in an unauthorized manner.
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TASK 2
P2.1 Assess the relevance of A.V Discey's Conception of rule of law for the conditions of the
UK today.
Rule of law is the uppermost law which is mandatory for the system to adopt, no one can
deny with the law. It is the most necessary and prominent law of mankind. In England Professor
A.V Discey's is the person who originate the concept of rule of law in a classic book. The law
which is generated that is The Law of the Constitution Published in the year 1885. Overall, this
concept will be based on three principles. The results from these principles are right to speak in
public, freedom to give vote by a written constitution. This perform the better condition in UK
and take power to implement the positive activities (Law, 2017). It helps to influence the society
of UK specially in terms of constitutional behavior, institutional behavior etc. UK is mandatory
to apply law in terms of common law which was following by its late 13th century redacting.
P2.2 Discussing the nature of prerogative power of crown and judicial controls
Prerogative power is the most essential and having wide power to control the
constitution. It is widely accepted from many sources of British government. From the certain
time it has been changed according to needs and requirement. It is referred as Royal Prerogatives
Which is possessed by the central government or by the Prime Minister. It also has been
concluded that, it is the most required and essential part of the constitution. It covered foreign
affairs, relationship with other countries are all important concern factors are included under
prerogatives (Lawson, 2018). Authoritative party or members are responsible against or making
ratifying treaties. It is highly affected rights of the citizens and the overall environment of the
society. Government responsible for governing the overall system or control and deploy the
armed forces under the rule of prerogative.
TASK 3
P3.1 To what extent does UK system of government reflect doctrine of the separation of powers.
Doctrine of the separation of powers helps to examine the overall system of separation
which is regulated by the UK system. It covers the overall relationship between each limb of
government and the checks and balances in order to operate the case in more efficient manner.
This comprised the law of house of law of the house of lords (Loveland, ed., 2018). It is the set
of structure based on principles by the Montesquieu in the 17th century after analyzing the overall
British system. This defines the three most essential entities which helps in decision making
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process. Their executives and legislation are the branch of the government which helps to make
new bills and constitution system law in United Kingdom. It reflects UK doctrine of the
separation of powers. There are three things which considered by the law of separation of power.
That person should not acquire more than one of the three entities, entities should separate from
each others without any interference of any other. At the end entities should not be able to wield
power of others entities (Mason and Stephenson Jr, 2017).
P3.2 Find each relevancy term of Executive, Legislature and Judiciary relevancy to each
institution.
Executive : it is the most essential and required branch of the government. It helps to
delegate the legislation. It is the basically task implementing laws which comprises the federal
government and all the federal president and authorities including police or armed forces as well.
Legislation: this is the another term which relevant with separation of power with
constitutional
Judiciary: it is the another matter of fact which is relates to the constitution of fact. And
the matter of fact. Another along with that, it is the most essential and enlarging process of
working. It is the most regardless and enlarging process (Resnick and et.al., 2016).
TASK 4
P4.1 The role of parliament in law making process.
Government plays a most essential and required role in the organization under the system
of law making performance. Without the role or authority of government nobody will have right
to pass the bill and enlarging process of making good things. Besides, parliament is the body
who perform mainly three tasks under which they represent the citizens interests to pass laws and
to monitor the cations of the government (Rossum, 2018). Apart from that, it will be giving great
impact on the behavior of constitution. Apart from that, they perform legislative function for
introducing new legislatures and new development process. Parliament has right to approve or
reject the proposal according to situation. Besides, they having the right to perform functions
through which country makes the better performance level. It will be the most enlarging process
of doing the things which is highly required for the country betterment.
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P4.2 Discuss the nature of the prerogative powers of the crown and the political and judicial
controls that exist over their exercise.
Prerogative power is the energetic or widely acceptable by the British. There are different
prerogative power such as executive prerogative, personal prerogative, Democracy etc.
Executive power is the control by the central government, Which is highly amendable by the
country. Political and judicial controls that exist over their exercise which has mentioned better
performance of the country system (Tushnet, 2017). The needs of controlling and managing is
very much required to stable the uncertain regulatory system under the control process of
making.
P4.3 Range of individual and collective responsibilities of government ministers for which they
established.
Ministers, government leaders are the pillars or the leaders who holds the overall activity
of the country in order to meet the needs of the country constitution. Apart from that, every
leader and government representative has responsible for their own responsibilities. According to
Section 1 of parliament. Under which all members has some set of responsibilities and making
good task oriented goals and making good task working in the government system (Rossum,
2018). The members of council of state such as Chancellor of justice, Assistant chancellor of
justice, Assistant Parliament all they have responsible for making decision arising from such
examination.
P4.4 Constitutional rules and procedures which regulate appointment, tenure, power and duties
of the prime minister
Overall all the tenure and the overall procedure to appoint the prime minister to make the
better decision. The main role and responsibility of the PM is to hold the country with
togetherness. Many of the important decision required while making the best decision making
approach (Uprimny, 2014). Apart from that, for become prime minister there are lots of things is
required and most important experience level of the person who selected for the position.
CONCLUSION
From the basis of above section it can be concluded that, constitutional law is the most
important and special aspect in the UK. Present study has been based on Constitutional necessary
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aspects and about their functioning level which includes. Principles of constitutional law,
Doctrine of parliamentary sovereignty. Besides, present study discussed about the role of
Executive, legislature and Judiciary. Therefore, it also explained the importance and role of
parliament in the UK constitution. Overall, it summarized the overall necessary aspect of the
government regulations.
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REFERENCES
Books and Journals
Barber, N. W. and et.al., 2015. Law and Constitutional Conventions Conventions as Claims?
Conventions in Judicial Decision-Making: Epistemology and the Limits of Critical Self-
Consciousness. Dublin University Law Journal. 38(2).
Borrows, J., 2014. Constitutional Law from a First Nation Perspective: Self-Government and the
Royal Proclamation"(1994). UBCL Rev., 28, p.1.
Chemerinsky, E., 2016. Constitutional law. Wolters Kluwer Law & Business.
Jackson, V. C. and Tushnet, M.V., 2014. Comparative constitutional law. Foundation Press.
Law, F. C., 2017. On the Constitutional Court of the Russian Federation. Arts.
Lawson, G., 2018. Appointments and Illegal Adjudication: The AIA Through a Constitutional
Lens.
Loveland, I. D. ed., 2018. Constitutional law. Routledge.
Mason, A. T. and Stephenson Jr, D.G., 2017. American constitutional law: introductory essays
and selected cases. Routledge.
Resnick, J. and et.al., 2016. Brief for Amici Curiae Constitutional Law, Federal Courts, Citizen,
and Remedies Scholars in Support of Respondent: Lynch v. Morales-Santana.
Rossum, R. A., 2018. American Constitutional Law, Volume II: The Bill of Rights and
Subsequent Amendments. Routledge.
Tushnet, M., 2017. Comparative constitutional law. In The Oxford handbook of comparative law.
Uprimny, R., 2014. The recent transformation of Constitutional Law in Latin America: trends
and challenges. In Law and Society in Latin America (pp. 105-123). Routledge.
Online
Principles of Constitutional Construction, 2018. [Online]. Available through:
<http://www.constitution.org/cons/prin_cons.htm>
Supremacy of the Constitution, 2018. [Online]. Available through:
<http://univagora.ro/jour/index.php/aijjs/article/viewFile/841/189>
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