LA4014 Public Law

LA4014 Public Law Assignment Sample

Introduction

Constitutions arrange, discuss and control state power. Furthermore, it creates the framework of the state, essential state institutions and propositions governing the relationships with everyone, including the citizens.

However, “Constitutions are never written down in their entirety, so the fact that Britain lacks a capital C Constitution is far less important than is often made out” this statement from Anthony king, indirectly criticises the fact that the country does not have codified constitutions.

Furthermore, this report will provide necessary information regarding the current UK constitutional settlements. A past proposal for the codified UK constitutions and whether the codified constitution is suitable for constitutional improvement.

The current UK constitutional agreement

This is an important subject that is often represented in different literature. The country does not have a codified constitution, and the absence of a codified constitution is considered a significant remark in different accounts.

Furthermore, the antiquity and continuity of the constitution are regularly underscored7. Apart from that, past critical moments include military defeats, colonial liberty, and rebellion, which remind the UK why it does not have a codified constitution.

Moreover, the “parliamentary sovereignty” lies within the elucidation of the UK constitution, considerably a disputed subject that debates nature and sensibility. It is also believed that the codified constitution could be well suited to the continuation of sovereignty in the parliament8.

However, it is also debated whether a codified constitution would be established or continued with the parliamentary sovereign. Furthermore, another debate often arises that states whether parliament could make a codified constitution based on the principles of parliamentary sovereignty.

Furthermore, it is suggested that the UK constitution will likely change because UK constitutional reform did happen in 1997.  Apart from that, the increased amount of changes made in the UK constitutional reform in 1997, the entire parliamentary sovereignty has been destroyed.

The changes made during the UK constitutional reform has created several problems within the communities9. The idea of substantial changes in the constitution during 1997 could lead to the complete codification and considered a problem-solving decision.

However, the UK is now on the verge of a constitutional agreement. It is also speculated that constitutional reform is now almost unavoidable. Furthermore, itsalso uncertain whether citizens would engage in this constitutional reform that claims to make temporary fixes. Apart from that, a new policy published in Bennet Institute suggests how constitutional reforms could be done and encourages codifying the constitution.

The specialists believe that codification of the constitution would be the powerful self-creation act and play an influential role in the prevention of the dissolution of the UK. Furthermore, the constitution’s codification depends on the people’s permission of England, Scotland, Wales and Northern Ireland10.

This would move devotion of the principle to the principle of independence, a political body that resists renovations to a transformational political body. Therefore, the UK people would feel more connected to the political system, as if they own it.

Past proposals for a codified UK constitution

Many proposals were made previously to begin the codification of the constitution. Different individuals and groups with different opinions represent a variety of political viewpoints.

Therefore, such individuals who hold opinions for the codification of the constitution are often used as a favourable argument towards the importance of codification. Furthermore, the codification of the UK’s constitution is likely to be intertwined with the considerable changes about the nature of the UK agreement.

Apart from that, the famous sovereignty’s primary fundamental is often asserted as if it is likely. Furthermore, it is also speculated that individuals proposing for the codified constitution are the believers of constitutional supremacy. These individuals wish to establish a supersede parliament, where judges would make parliament’s acts opposed by the constitution.

Furthermore, there are many inconsistencies towards addressing the issues of chronic church and autocracy. The creators of the constitution lean toward the proposed change in the parliament about the executives and the members11.

Apart from that, some of the proposed constitutions offer to improve the entire governance in the UK and address the relationship with the European Union in a different method. It is also debated that the constitutions are made to protect the rights but cannot define the nature of the rights and their applicability. Therefore, individuals proposing a codified constitution wish to establish themselves via alteration processes sometimes.

Consideration of comparable constitutions internationally

Constitutional papers are represented as vital institutions, and thus, these papers are not considered just impartial explanations. Furthermore, the purpose of the represented constitutions is to replace the old sequence with the new one12.

Furthermore, governments worldwide often show likeness towards the acceptance of a codified constitution, where these documents are represented in a single document or roll out with different narratives. Thereby, it can be stated that there are no direct options available allying “written” and “unwritten” regulations.

Apart from that, two countries do not have codified constitutions, such as Israel and New Zealand. However, the UK constitution is placed in the “New Commonwealth Model” and New Zealand and Canada.

Therefore, international constitutions could be examined and transformed by the deliberation of the contents. Furthermore, these constitutions could be surveyed by the sovereignty, alteration process, separation of powers, legal, constitutional review and presidential systems.

Implications of and prospects for codification

It is often augmented that codification of the constitution could be a challenge for the parliament of the UK, and unelected magistrates could get the power to avert the elected government from its promises.

Furthermore, the parliament also believes that uncodified constitutions are natural and automatically evolves11. Furthermore, codified constitutions could be tougher to modify and thereafter protect the rights of the individuals.

However, the government of the UK could face a hard time interpreting and amending the regulations. Furthermore, implementation of the codified constitution could lead to judicial autocracy, where magistrates will not be able to enforce the constitution due to the not elected by people and are not represented socially.

Evolution of the UK constitution

Many countries from around the world have embraced formal and written constitutions for certain reasons. Furthermore, constitutions are considered an important factor of freedom. There are many cases around the world, where constitutions are made to respond to political uncertainties that include coup and danger of sovereignty due to being overwhelmed by other powers.

However, the UK is able to maintain the constitutional rights of the country because the country faces no threat during the constitutional movement so far. Furthermore, the country has never come across any sorts of civil war, military trounce or serious attack on the constitution13.

Therefore, the country has never needed to introduce a codified constitution, develop new governance, or enforce new laws. The constitution of the UK stands tall, created by the individuals due to certain reasons, whether politically or non-national. The inspiration behind the creation of the constitution could be dated back to “Magna Carta of 1215”, which is also encouraged by “Henry I’s Charter of Liberties of 1100”.

Magna Carta once tried to bind the king legally by creating propositions that are subject to sovereignty and the law. However, Magna Carta is later discarded, but the foundation of the constitution of the UK is influenced by it.

Moreover, the development of the constitution has happened during the heat between parliament and kingship. The petition right (1628) was implemented in order to reduce the king’s power over taxation and imprisonment ban. Furthermore, “the Bill of Rights” later resolved the issues from the previous act and reduced the power of royal representatives entirely.

Despite all these troubles, the development of the UK’s constitution later formed on these two laws and is still considered as the modern constitution compared to other countries.

Apart from that, the next constitutional changes were made during the “Union with Scotland (1706)” and “Union of Ireland” Acts. However, these changes are considered temporary acts that did however bring British Isles into the United Kingdom’s territory14.

Apart from all these changes, the next modern constitutional age is referred to the establishment of the United States Constitution, influencing a change in other constitutions from around the world. A small constitutional change did happen in the UK with the introduction of Westminster democracy.

However, another significant change is also added during the period of Earl Grey, as “The Reform Acts” of the nineteenth century that conserves the rights of the constitution.

During the first half of the 20th century, the UK lost an important country, Ireland, as it declared independence from the Parliament of the UK. Therefore, the UK creates “the House of Commons” and “the House of the Lords” with a new law in the year of 1911 and 1949.

However, just after the creation of new parliamentary houses, the UK and the Second World War brings doubts for a constitutional renovation15. Followed by that, people of the UK have come across severe economic depression, dissatisfaction from the government all sums up as a heavy pressure on the constitution16. However, the situation gets averted as the UK finalises the third constitutional changes

By entering into the European Community and establishing the “European Communities Act” in 1972.

[Referred to appendix 1]

The UK constitution in comparative perspective

The CCP has collected data from different constitutions around the world; therefore, comparison could be made between the UK’s constitution and others from around the globe by differentiating the context of the data.

A least 138 out of 329 tags of constitution ontology is used in the constitution of the UK. Furthermore, the UK’s constitution has only 138 tags in comparison to other constitutions, which has 144 tags. Furthermore, the survey tool of CPP comprising 699 questions in order to classify different contents from around the world collects all these data.

[Referred to appendix 2]

The above figure provides the insights of the “Article 113” as part of Angola’s 2010 constitution. Furthermore, the figure also offers information about the president and the service period and the same procedure is utilised to integrate the constitution of the UK17.

Furthermore, the below figure suggests the difference between the topics that are elaborated in the UK’s and other countries around the world including the commonwealths.

[Referred to appendix 3]

Apart from that, the figure also depicts another fact that the UK has consistently managed to cover more topics than the other neighbouring countries, including European countries and the commonwealth’s bill of rights13.

Apart from that, the UK is ranked 10th on the list by surprising 24 countries in terms of topics in the constitution. In terms of length, the UK’s constitution stays comparatively low, where the constitution of India and Mexico enfolds more topics. Although the UK comes under the control of common law and apart from other common law countries, the UK does not have longer constitutions.

Furthermore, new contents that are added in the constitutions not long ago, feature limited insights and others seem to be omitted or excluded.

Some fresh to the addition includes protection of the human rights, inspection of elections, jurisdiction over the monetary strategies, extermination of the corruption from the system and more.

[Referred to appendix 4]

Furthermore, the analysis of the above figure suggests that commonwealth countries and the UK enfolds less “core” topics but also addresses more “peripheral”. However, in terms of length among common law constitutions, the UK addresses topics with more details.

The UK’s constitution has 60% “peripheral” topics and only 40% “core” topics and to compare that with 95 “core” topics and 49 “peripheral” topics in other constitutions. Furthermore, the UK’s constitution fails to depict the gravity of exploration in the core topics.

However, if the speculations turn out to be true, then the codified constitution would add the missing features in a single paper constitution. The missing features from the constitution of the UK include the framework and powers of the heads, judicial sides of the government and the rights of the citizens.

[Referred to appendix 5]

The above figure suggests that the United States has de jure and de facto faculty in the judicial system because the power of the president has more controls while controlling the houses of congress. Apart from that, the United States is considered as one of the lowest ranking countries in terms of executive power and the UK stands out far better in the same scenario.

Considerations for future reform

The government of the UK is still pressurised to perform additional reforms despite the reforms which were implemented for more than twenty years. The book “Constitutional Reform in the UK ” written by Dawn Oliver states that, there was no strategic planning, reasonable approaches and programs in order to reform the constitution of the UK. The constitutional reforms have always created a huge amount of political pressure[1].

It never created a comprehensive understanding of the rules, vision, and structure of the political system.  On the other hand, if a proper reform plan is not constructed, then it can be estimated that the reforms in the country which has been created by the Blair government would never end.

The result of this would be people would remain dissatisfied with the government and pressure on further changing the constitution. On the other hand, there are several appeals by the European nations for creating the lord of House an elected body, development of English parliament, systemic arrangements, and a new Bill of Rights for the UK.

It can be estimated that the promises made by the UK government during the independence of Scotland in September of the previous year and all these demands by the EU would make the constitutional reforms inevitable.

Constitutional reforms mean that all the people taking part in this reform should understand the previous rights of the constitution[2]. It is very necessary for them to understand the arrangements of the constitution before the reform is made.

It is very difficult to understand the arrangement of this constitution as various documents need to be analysed for fulfilling this purpose. It is suggested that the officials have collected all the documents and relevant topics from various sources and compiled them together in the constitution. This would help the official to overcome the difficulty of searching all the relevant documents which are very time-consuming.

This has made the relevant topics easy to access. In addition, it can be stated that the constitutional text is not any kind of idealistic vision. There was also no attempt made to codify the various constitutional conventions[3]. The constitution is completely accurate for the benefit of the population. The main aim of this study was to educate the people and the politicians about the various arrangements of the constitution.

This would also help the people, who want the reformation of the constitution. The people who demand change should have complete knowledge about the contents of the constitution in a systematic manner. This would help the people to clear the vision and the benefits of the change.

Better plans can be constructed by the government and excellent strategies would be constructed which would benefit the citizens of the UK[4]. Clear conception is very necessary in order to understand the flaws of the constitutions. The constitutional texts had three main lesions, for those people who are engaged in the debate for further codifying the constitution.

A significant portion of the constitution of the UK

The constitution has not only been written, but it can be stated that an important portion of the constitutional orders has been mentioned in the law. In recent years it has been observed that a large explanation is available on both the constitutional texts and the number of topics in them.

In the present moment, the constitutional text addresses only 138 out of the 329 topics of the constitution. It can be estimated that the new constitutional text contains six topics less than the previous constitution.

Constitutional change would further pressure lawmakers to change the constitution more. Continuous change in the constitution would mean that more laws need to be written down by lawmakers[5].

Key aspects of the UK constitution

The nature of addressing the topic in the UK constitution is much different though the constitution addresses a number of topics from other constitutions of the world[6].

On the other hand, it can be stated that if a proper comparison is conducted between the UK constitution and the other constitutions of the world, the majority of the constitutions was not be available in the texts of the UK. In addition, the various principles of the political system of the UK have not been included in the constitutional text (Refer to Appendix 6).

There is no law to address this political system[7]. It is found that there are several omissions from the written section of the constitution. This result was found after analysing the constitution from the prime minister’s and the executive office. It has been noted that throughout history, the structures and execution selection procedures for the legislative and executive branches have been elaborated.

Contrary to this, it can be stated that if there was a strong demand in the past years, then a revolutionary text would have been drafted. Moreover, the context of this constitution would have addressed these weak points of the present constitution. The constitutional change in the UK has been conducted in an organic way. These reforms are very beneficial as by these reforms all the topics which were controversial have been addressed.

These topics were controversial because some of them lacked clarity and some needed reforms.  The topics which were controversial were elaborated properly for better understanding. This is the main reason due to which some of the core topics of 5the written constitution are missions from the constitutional text of the UK[8].

Conclusion

Modification of law is necessary in order to make the constitution relevant according to the present beliefs of the society. The codification of the constitutional text is considered very challenging in the UK as the unelected judges would get more power to change the government.

There has always been a struggle to change the codified constitution. On the other hand, codification and reformation is necessary for the betterment of the country. The reformation of the constitution allows changing the improper or controversial laws so that better judgment can be provided to the civilians.

References

Blick, Andrew. Stretching the constitution: the Brexit shock in historic perspective. Bloomsbury Publishing, 2019.

Castellani, Lorenzo. The Rise of Managerial Bureaucracy: Reforming the British Civil Service. Springer, 2018.

Keating, Michael. State and nation in the United Kingdom: The fractured union. Oxford University Press, 2021.

Lo, Chang-fa. Treaty interpretation under the Vienna Convention on the Law of Treaties: a new round of codification. Springer, 2017.

Pepłowska-Dąbrowska, Zuzanna, and Justyna Nawrot, eds. Codification of Maritime Law: Challenges, Possibilities and Experience. Taylor & Francis, 2019.

Stumpf, Istvan. “Separation of powers and the politics of constitutional reforms, including judicial independence.” Constitutional Law Review 11 (2017): 3-23.

 

Gould, Jonathan. “Codifying Constitutional Norms.” Georgetown Law Journal, Forthcoming, UC Berkeley Public Law Research Paper Forthcoming (2021).

McConalogue, Jim. “The British constitution resettled? Parliamentary sovereignty after the EU Referendum.” The British Journal of Politics and International Relations 21, no. 2 (2019): 439-458.

White, Stuart. “Brexit and the future of the UK constitution.” International Political Science Review (2021): 0192512121995133.

Kavanagh, Aileen. “Recasting the Political Constitution: From Rivals to Relationships.” King’s Law Journal 30, no. 1 (2019): 43-73.

Feast, Luke. “Constitutional realism and sustainability: Lessons learned from a systemic design investigation of New Zealand’s democratic system.” (2018).

Suteu, Silvia. “The Scottish independence referendum and the participatory turn in UK constitution-making: The move towards a constitutional convention.” GlobCon 6 (2017): 184.

Goldman, Lawrence, Alexander Lock, David Carpenter, Nicholas Vincent, S. T. Ambler, George Garnett, Rachel Foxley, and Harry T. Dickinson. “Magna Carta.” Humanities Digital Library (2018).

Taliadoros, Jason. “Challenges to Authority and the Recognition of Rights: From Magna Carta to Modernity.” (2019): 163.

Farr, Martin. “The Impact of the 1918 Reform Act on the House of Commons.” Parliamentary History 37, no. 1 (2018): 133-149.

Thomashausen, André. “The Constitutional Court of Angola.” Constitutional Adjudication in Africa 2 (2017): 97.

Kouroutakis, Antonios E. “Autonomous Vehicles; Regulatory Challenges and the Response From UK and Germany.” Regulatory Challenges and the Response From UK and Germany (August 22, 2019) 46 (2020).

 

 

Appendix

Appendix 1: Constitutional changes in the UK over the years

LA4014 Public Law

(Link:https://www.google.com/url?q=https://www.ucl.ac.uk/constitution-unit/sites/constitution-unit/files/162.pdf&sa=D&source=editors&ust=1618669575469000&usg=AOvVaw08_2qgUmN4Q2PswQ9lb-8O)

 

 

Appendix 2: Tags of the constitutional texts

LA4014 Public Law

(Link:https://www.google.com/url?q=https://www.ucl.ac.uk/constitution-unit/sites/constitution-unit/files/162.pdf&sa=D&source=editors&ust=1618669575469000&usg=AOvVaw08_2qgUmN4Q2PswQ9lb-8O)

 

 

Appendix 3: Number of tags

LA4014 Public Law

(Link: https://www.google.com/url?q=https://www.ucl.ac.uk/constitution-unit/sites/constitution-unit/files/162.pdf&sa=D&source=editors&ust=1618669575469000&usg=AOvVaw08_2qgUmN4Q2PswQ9lb-8O)

 

 

Appendix 4: Core VS peripheral topics in constitutions

LA4014 Public Law

(Link:https://www.google.com/url?q=https://www.ucl.ac.uk/constitution-unit/sites/constitution-unit/files/162.pdf&sa=D&source=editors&ust=1618669575469000&usg=AOvVaw08_2qgUmN4Q2PswQ9lb-8O)

 

 

Appendix 5: De jure heads in other constitutions

LA4014 Public Law
(
Link:https://www.google.com/url?q=https://www.ucl.ac.uk/constitution-unit/sites/constitution-unit/files/162.pdf&sa=D&source=editors&ust=1618669575469000&usg=AOvVaw08_2qgUmN4Q2PswQ9lb-8O)

 

 

Appendix 6

LA4014 Public Law

LA4014 Public Law
(LInk: https://www.google.com/url?q=https://www.ucl.ac.uk/constitution-unit/sites/constitution-unit/files/162.pdf&sa=D&source=editors&ust=1618669575469000&usg=AOvVaw08_2qgUmN4Q2PswQ9lb-8O)

 

 

7Gould, Jonathan. “Codifying Constitutional Norms.” Georgetown Law Journal, Forthcoming, UC Berkeley Public Law Research Paper Forthcoming (2021).

 

 

8McConalogue, Jim. “The British constitution resettled? Parliamentary sovereignty after the EU Referendum.” The British Journal of Politics and International Relations 21, no. 2 (2019): 439-458.

 

9White, Stuart. “Brexit and the future of the UK constitution.” International Political Science Review (2021): 0192512121995133.

 

10Kavanagh, Aileen. “Recasting the Political Constitution: From Rivals to Relationships.” King’s Law Journal 30, no. 1 (2019): 43-73.

 

11Feast, Luke. “Constitutional realism and sustainability: Lessons learned from a systemic design investigation of New Zealand’s democratic system.” (2018).

 

 

12Suteu, Silvia. “The Scottish independence referendum and the participatory turn in UK constitution-making: The move towards a constitutional convention.” GlobCon 6 (2017): 184.

 

11Feast, Luke. “Constitutional realism and sustainability: Lessons learned from a systemic design investigation of New Zealand’s democratic system.” (2018).

 

13Goldman, Lawrence, Alexander Lock, David Carpenter, Nicholas Vincent, S. T. Ambler, George Garnett, Rachel Foxley, and Harry T. Dickinson. “Magna Carta.” Humanities Digital Library (2018).

 

14Taliadoros, Jason. “Challenges to Authority and the Recognition of Rights: From Magna Carta to Modernity.” (2019): 163.

 

 

15Farr, Martin. “The Impact of the 1918 Reform Act on the House of Commons.” Parliamentary History 37, no. 1 (2018): 133-149.

 

16Thomashausen, André. “The Constitutional Court of Angola.” Constitutional Adjudication in Africa 2 (2017): 97.

 

17Kouroutakis, Antonios E. “Autonomous Vehicles; Regulatory Challenges and the Response From UK and Germany.” Regulatory Challenges and the Response From UK and Germany (August 22, 2019) 46 (2020).

 

13Goldman, Lawrence, Alexander Lock, David Carpenter, Nicholas Vincent, S. T. Ambler, George Garnett, Rachel Foxley, and Harry T. Dickinson. “Magna Carta.” Humanities Digital Library (2018).

 

[1]Keating, Michael. State and nation in the United Kingdom: The fractured union. Oxford University Press, 2021.

 

[2]Stumpf, Istvan. “Separation of powers and the politics of constitutional reforms, including judicial independence.” Constitutional Law Review 11 (2017): 3-23.

 

[3]Stumpf, Istvan. “Separation of powers and the politics of constitutional reforms, including judicial independence.” Constitutional Law Review 11 (2017): 3-23.

 

[4]Lo, Chang-fa. Treaty interpretation under the Vienna Convention on the Law of Treaties: a new round of codification. Springer, 2017.

[5]Castellani, Lorenzo. The Rise of Managerial Bureaucracy: Reforming the British Civil Service. Springer, 2018.

 

[6]Stumpf, Istvan. “Separation of powers and the politics of constitutional reforms, including judicial independence.” Constitutional Law Review 11 (2017): 3-23.

 

[7]Blick, Andrew. Stretching the constitution: the Brexit shock in historic perspective. Bloomsbury Publishing, 2019.

 

[8]Pepłowska-Dąbrowska, Zuzanna, and Justyna Nawrot, eds. Codification of Maritime Law: Challenges, Possibilities and Experience. Taylor & Francis, 2019.

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