The Keystone of the Constitution: Executive vs Parliament

Public Law

Table of Contents
INTRODUCTION ..........................................................................................................................3
MAIN BODY ..................................................................................................................................3
The English legal system ...........................................................................................................3
Doctrine of Separation of power.................................................................................................4
Parliamentary supremacy............................................................................................................4
Dicey's view on Parliamentary sovereignty................................................................................4
Brexit and its impact on keystone of Constitution......................................................................5
CONCLUSION ...............................................................................................................................8
REFERENCES................................................................................................................................9

INTRODUCTION
Law is the set of rules and regulations which the particular nation and its citizens are
obliged to adhere with. It is basically the rule which defines the correct procedure or the
behaviour which an individual must undertaken in order to prevent any penalties. There are
mainly tow types of laws of which first is private law which regulates the cases relating to
private individuals and second is the public law which deals with cases relating to public and
community as a whole1. It mainly governs the relationships between the people and the
government or the relationship between the people who are connected with the society's concern.
This report shall deal with the extent to which the executive is keystone of the Constitution rather
than Parliament.
MAIN BODY
The English legal system
It mainly comprises of the three branches which includes the Legislative, Executive and
the Judiciary. The Parliament have the supreme law making authority in UK who have the role to
enact the laws and these cannot be challenged in any court of ruling. It comprises of House of
Lords, House of Commons and the Head of the State. Every bill which is passed by both the
houses are required the royal assent from the Head of the state in order to make it enforceable.
The executive comprises of the UK government which includes the cabinet minister and
the Prime Minister and the head of state. They are entrusted with the role to formulate and also
implement the policies.
The judiciary consists of the judges and the officers of the tribunals and courts. The
senior most court in UK is the Supreme court which is the least resort for the appeal and its
decision is binding on the other courts2.
The UK does not have a Written Constitution, rather they are embodied in the legal rules
and national legislations of the country. The Parliament have the power to make or repeal any
law and the judiciary have the power to interpret the existing law or make common laws from its
1 Shapiro M, 'From Public Law To Public Policy, Or The "Public" In "Public Law"' (2018) 5 PS
2 Gordon M, 'Brexit: A Challenge For The UK Constitution, Of The UK Constitution?' (2019) 12 European
Constitutional Law Review