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Constitutional Reform

   

Added on  2020-01-21

10 Pages3236 Words65 Views
Constitutional Law

Table of ContentsINTRODUCTION ..........................................................................................................................1TASK .............................................................................................................................................1Evaluating the extent to which the UK judiciary has showed its willingness to uphold the ruleof law in against to the executive and legislature.......................................................................1CONCLUSION................................................................................................................................6REFERENCES................................................................................................................................7

INTRODUCTION Constitutional law consists of the relationship between the different entities that residewithin the state. Such law represents the relationship between the executive, the legislature andthe judiciary (Cheibub, Martin and Rasch, 2015). This law deals with the fundamental principlewhich government undertakes in order to perform their roles and responsibilities. Besides this,the rule of law develops the effectual relationship between the government and people (Ryan,2014). Further, rule of law covered both government and private officials who are required toobey the rules which are framed by the UK government. The rule of law is emphasized thatjudicial authority has distinct identity from the executives and legislature. The present report willdiscuss the extent to which UK judiciary has exhibited its willingness to uphold the rule inagainst to the executive and legislature.TASK Evaluating the extent to which the UK judiciary has showed its willingness to uphold the rule oflaw in against to the executive and legislatureConstitutional Reform ACT 2005Constitution law clearly states the relationship between the judiciary, executive and thelegislature. The constitutional reform act 2005 was introduced by UK government on 3 April2006 after getting royal assent on 24 March 2005. The role of Lord Chancellor has highlyaffected as such reform came into force. This reform has also strengthened the independentaspect of judiciary. Constitutional reform act 2005 is separated into 7 parts which include 149sections and 178 schedules. This act contains the provision in relation to the appointment ofjudge.Before the new constitutional reform act 2005, the role of the Lord Chancellor is seemlike controversial. His roles and responsibilities were in conflicting in relation to the doctrine ofseparation of powers before the reformation of the act. Such doctrine consists of that the powerof the state needs to be bifurcate in the three bodies named as judiciary, legislature andexecutive. Division of the power states that all the bodies have the power to perform their rolesand responsibilities in an effective manner (Hazell, 2015). Nevertheless, the Lord Chancellor isthe member of cabinet and head of the judiciary. Thus, he was entitled to hear the case which isappeared in courts. This conflicting condition sheds light on the incompatibility of the1

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