The UK Now Needs a Written Constitution Essay Example | Topics and Well Written Essays - 1000 words

The UK Now Needs a Written Constitution - Essay Example A concise but broadly-worded constitution can help to achieve more political objectives and flexibility, but it cannot avoid conflicts between legislature and judiciary. Moreover, Britain’s integration in the European Union calls for clearer and codified legal arrangements for the country. Hence, there is the general feeling today that the UK now needs a fully written constitution. Arguments against a Written Constitution As early as the 1970s, Lord Halisham asserted that the UK required a written constitution to protect the country from a possible takeover by the communists particularly at the level of lawmaking and policy manipulation. In the view of the worldwide agenda of Soviet expansionism and ideological intrusion inside the British intelligentsia, such a possibility could not be ruled out too. However, situation changed dramatically in the 1990s, and today the communist threat does not appear to be materialistic any more. Further, the renowned legal expert Barber comments that â€Å"The United Kingdom is in the unusual position of having an unwritten constitution that works passably well—sufficiently well, at least, to allow us to consider whether we want a new constitution.† Critics of a written constitution for the UK hold that such an arrangement may lead to serious disruption of the functionality of legislature and judiciary both alike.... power to decide or enforce fix tenure parliaments5 or command how a minister should behave overriding the directives of the already existing Ministerial Code.6 7 Britain’s integration in the European Union is another important issue in this sphere. Presently, Britain has a highly undefined relationship with the EU, since the unwritten constitution provides it with an opportunity of not codifying the fundamental tenets of its foreign policy. In the case R. v Secretary of State for Transport Ex. p. Factortame (No. 2)8, the House of Lords did not effectively clarify the legal dimensions of the relationship between the British and EU legal practices. With relation to this case, the position of the UK merchant shipping legislation framework9 has been left largely unclear vis-a-vis the EU specifications. Similarly, there are certain points of conflict and confusion regarding the human rights laws10, effectiveness of European laws inside the UK11, etc. Some legal experts consider the se sorts of vagueness actually provide enough flexibility even inside the orbit of European influence and eliminate the risk of forced political choices.12 13 14 Reasons to have a Written Constitution A written constitution would not only involve codification of the existing rules and conventions but also provide with an opportunity to reform the constitutional framework of the country as a whole. A written constitution would curb the excessive powers of the Parliament and safeguard the popular interests in front of aggressive political constitutionalism. Contextually, â€Å"The realisation that parliamentarians had the power to fix their own remuneration and their evident incompetence in managing their expenses gave substance to the view that a fundamental review of our constitutional

Paralegal class assignmnet #5 Assignment Example | Topics and Well Written Essays - 500 words

Paralegal class assignmnet #5 - Assignment Example Although this decision is contrary to my understanding of the relative power of the Federal versus state government, it does not affect what I stand for. I disagree with this decision for I hold that the supremacy of the Supreme Court, as defined in Article III, gives it the jurisdiction over such a case. Q2: Natural law refers to the system of universal law that is determined by nature. In The Antelope case, the US Supreme Court examined the validity of the slave trade following the capture of a ship ferrying slaves from Africa. By the natural law, the slave trade is illegal for it denies human being of their freedom. In this case, however, the national legislation recognized the slaves as the legal properties of the Vessel crew. The positivist argument prevailed, and the judges held that the master was lawfully transporting his ‘possession. Although every judicial theory has unique advantages and limitations over the others, I find judicial restraint as the most appropriate approach for todays justice system. Judicial restraint encourages the judges to limit their power and influence and instead stick to the constitutional provisions. By strictly interpreting the legislations appropriately, judges live to the letter and spirit of the doctrine of separation of powers which defines the legislature as the law formulating body and not the judiciary. The use of marijuana has been illegal in several countries in the world. However, researchers have proved the medicinal value of this controversial plant. Studies have shown that bhang can be used as a painkiller and in the treatment of brain problems (Sharma 179). For this reason, bhang use should not be prohibited as it is the case in many countries. Q3: Deposition, Interrogatory and request for admission are the three primary methods of discovery that enables the party to the case exchange information