Constitutional and Administrative Law Essay Example | Topics and Well Written Essays - 2000 words

Constitutional and Administrative Law - Essay ExampleA majority of nations have gone through an occurrence which caused them to depart with history affording them the face of codifying their constitutional system. However, Britain is unique in this aspect as the British constitution is a consequence of steady progression and transformation rather than a sure attempt to devise an absolute arrangement of constitution and government (Raphael, 2004). Nonethe little, it is apparent that Britain possesses a constitution which categorizes statutes and systems involving the primary institutions of the state.However, many scholars contend that the absence of a systemize constitution results to a indicant vacuum, a vacuity seized by the legislative supremacy of the Parliament. Although the branches of the British government comprise of the legislature, the executive, and the judiciary, there is an overlap in power and functions between the branches, as a formal division of powers or system of checks and balances, is absent (Burnett, 2002). The Lord Chancellor, for instance, is a constituent of all the three branches concurrently military service as a member of the cabinet, the legislative and the judiciary. The British Parliament, composed of the monarch, the House of Lords, comprised largely of appointed members, and the House of Common whose members are elected, is the most sovereign This reign of the Parliament is evident in its legislative enactments, binding on each and every one, although the British citizens could dispute the legality of a particular act under a specific decree in the courts (Burnett, 2002). A. V. Dicey made this clear when he stated that,1The principle of Parliamentary sovereignty means neither more nor less than this, namely, that Parliament thus defined has, under the English constitution, the right to make or unmake any law whatever and, further, that no person or body is recognised by the law of England as having a right to override or s et aside the legislation of Parliament. The entire political allowance resides on the prime minister and the cabinet, and the monarch must operate on their counsel. The prime minister selects the cabinet from MPs, coming from his political party and a immense number of cabinet ministers head the departments of the government. The prime ministers power was augmented in the 20th century as sometimes, acting alone or with another blighter in the fan tan, the prime minister has made and created decisions and pronouncements formerly made by the cabinet all together. This does not mean though, that Prime ministers have not been overruled by the cabinet on various instances. In fact, Prime Ministers must generate the support of the cabinet to exercise their authority more effectively (Maitland, 1908). This idea of the parliament was referred to as the 2 twin pillars of the constitution by A.V. Dicey, in his treatise An Introduction to the Study of the Law of the Constitution (1885). Di cey asserts that the constitution is founded