Verified Document

Exec Constitutionalism As We Will Essay

In the Constitutional Reform Act 2005, the idea was advanced that the independent supreme court and decide about devolution cases, constituting an internal limit (Bradley and Ewing 2007 pp.384-385) . The concept of original principle is being increasingly affected by internal and external limits. The UK is very sensitive in particular upon external limits. Probably nowhere is this represented more than in issues that face the UK's burgeoning relations with the EU. Britain sees the courts upholding Parliamentary power and interpreting it only in the implementation and not with regard to whether or not power was wielded rightly or wrongly. This flies in the face of the European concept of the primacy of laws coming from Brussels (Allan 2011, p. 159). One very big issue currently is with regard to European business mergers. This has particularly been an issue with regard to Germany with regard to British jurisprudence on this subject Harker, Peyer and Wright 2011, p. 152)..

The above legal confusion for the integration of EU and British law is seen in differences on the implementation of such basic bodies of laws as the European Convention on Human Rights. Under the convention, any person who feels their rights have been violated under the Convention by a state can take the case to court. The judgments that find violations are binding on all the States concerned. Then they are obliged to execute them.(Walker 2009, p. 387).

A central question concerning almost all of the British public is who controls the interpretation of basic human rights (in the Human Rights Act of 1998), namely, whether these rights are based in British or EU law and whether they are decided in London or in Brussels. While the European convention of human rights is incorporated by Human Rights Act, there are some limits to this cooperation and the British Act is not in full conformity with the European Communities Act of 1972 because the Human Rights Act covers...

except the Parliament ( 436).
Conclusion-

As we noted, the present constitutional regime is much more complicated than it was before. The external limits that exist between the UK and the continent are many and consist of basic differences between London and Brussels. As a process of the integration of the two systems, the old system of checks and balances in the old British system are being changed by the continental system. The external limits also affect internal limits. As noted above, the British courts do not overturn laws of Parliament by their rulings. On the continent in EU law, courts can and do overturn state laws. Those rulings are binding upon all of the EU states. Even the Human Rights Act of 1998 which is supposed to uphold the European Convention on Human Rights does not challenge the power of Parliament. As we saw above, this is not just an issue in the arena of human rights, but also in matters as mundane as transactions in business. Herein lies a major element of contention and integration of the continental and UK legal systems and in no doubt will need major adjustment if this integration is to be successfully completed.

References

Alder, J. (2011). Constitutional and Administrative Law. Houndmills: Palgrave MacMillan. p. 6.

Allan, T.R.S.. (2011). Questions of legality and legitimacy: form and substance in British constitutionalism. International Journal of Constitutional Law. 9 (1), pp.155-162.

Bradley, a.W. & Ewing, K.D. (2007). Constitutional & administrative law. 14th ed. Essex: Pearson

Education, Ltd.. p.384-385.

Carrow, J., & Oliver, L. (1846). Cases relating to railways and canals, Vol. 3. London: A Maxwell & Son. p. 236.

Chen, W., Fu, H., & Gai, Y. (2000). Hong Kong's constitutional debate: conflict over interpretation.

Hong Kong: Hong Kong Univ. Press. p. 79.

Sources used in this document:
References

Alder, J. (2011). Constitutional and Administrative Law. Houndmills: Palgrave MacMillan. p. 6.

Allan, T.R.S.. (2011). Questions of legality and legitimacy: form and substance in British constitutionalism. International Journal of Constitutional Law. 9 (1), pp.155-162.

Bradley, a.W. & Ewing, K.D. (2007). Constitutional & administrative law. 14th ed. Essex: Pearson

Education, Ltd.. p.384-385.
Cite this Document:
Copy Bibliography Citation

Related Documents

Lord of the Flies
Words: 1184 Length: 3 Document Type: Term Paper

Lord of the Flies Introduction stating the topic and ending with a thesis Topic and concluding sentences for all body paragraphs Three examples for each body paragraph concluding paragraph that restates thesis and sums up essay Transitional phrases at the beginning of each body paragraph EACH ESSAY MUST INCLUDE THREE (3) QUOTES FROM THE NOVEL> Put each quote in quotation marks " " Cite each quote by chapter and page number. Lord of the Flies is an allegorical

Lord of the Flies by
Words: 1385 Length: 4 Document Type: Term Paper

They can no longer function as a team, because they have taken on the characteristics of violent animals whose only goal is to survive at any cost. They do not care that the four cannot do it alone, so they have already lost many of the important aspects of society that hold it together - a sense of teamwork and the common good. Simon and Maurice arrived. Ralph looked at

Lord of the Flies: An
Words: 1358 Length: 4 Document Type: Term Paper

Jack discovers that he is not simply a leader, but that leadership makes personal demands on one's character that are not always enjoyable. Jack realizes that the boys cannot play all day, or forget about civilization, like schoolboys on a fun holiday. Instead, they must engage in the serious preparations of surviving on an abandoned island. Jack also realizes his limits as a leader as the group's fears conflict

Lord of the Flies --
Words: 1819 Length: 6 Document Type: Term Paper

Jack Jack attended Cambridge University, and obtained a 'first' in history. He did then attempt to join the army, but was rejected as physically unfit. While at Cambridge, he contracted a very violent case of pneumonia, which weakened his constitution. To this day, Jack says that he is bitter, never having served in the army. At present, Jack teaches history as well as leads the choir at one of the most

Lord of the Flies Main
Words: 3244 Length: 9 Document Type: Essay

Piggy even blamed Simon. Piggy said, "It was an accident…that what it was, an accident. Coming in the dark -- he hadn't no business crawling like that out of the dark. He was batty. He asked for it… We was on the outside. We never done nothing, we never seen nothing" (220-221). Piggy dies during a fight between Ralph and Jack, which had been brewing the whole time they are

Lord of the Flies Ralph
Words: 932 Length: 3 Document Type: Term Paper

Initiation therefore helps the boys establish their identities and also creates social hierarchy. The conflict between Jack and Ralph serves also as a type of initiation: a battle between two individuals. Initiations represent a transition from one state of mind or being to another. Simon's vision is one of the most powerful initiations in Lord of the Flies. The vision, which lends the novel its name, has a supernatural component

Sign Up for Unlimited Study Help

Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.

Get Started Now