Constitutional Law Master Essay Example | Topics and Well Written Essays - 1000 words

positive Law Master - Essay ExampleThere is no technical inconsistency between ordinary statutes and law considered complete law. Therefore the Parliament of the United dry land can perform constitutive(a) reform simply by passing Acts of Parliament and thus has the index to change any written or unwritten element of the war paint. The constitution is based on the belief of all sovereignty ultimately belonging to Parliament (Parliamentary sovereignty), so the concept of entrenchment can non exist. The lack of a central written radical document explaining the fundamental principles of the state and relationship between its institutions and between the muckle leads some constitutionalists to regard the United Kingdom as having no (formal) constitution. The phrase unwritten constitution is sometimes utilize, despite the fact that the UK constitution incorporates many written sources, statutory law cosmos considered the most historic source of the constitution. But the case remains that the constitution relies far more on unwritten constitutional conventions than virtually every other liberal democratic constitution.Conventions as a source of constitutional rules brook been widely acknowledged. Regardless of whether a country possesses an unwritten1 or a written constitution, constitutional conventions usually depend an important role in regulating constitutional relationships among different branches of government. A common definition of constitutional conventions is By convention is meant a binding rule, a rule of behaviour accepted as prerequisite by those concerned in the working of the constitution.2 Law and constitutional conventions are closely related. Constitutional conventions presuppose the existence of a good framework, and do not exist in a legal vacuum. For example, in the UK, the constitutional conventions of forming a Cabinet presuppose the laws relating to the Queens royal prerogative, the office and powers of Ministers, and the co mposition of Parliament.3 A difference between law and constitutional conventions is that laws are enforceable by the courts, but constitutional conventions are not enforced by the courts. If there is a conflict between constitutional conventions and law, the courts must enforce the law. In some countries, such as the United Kingdom (UK) and Canada, the courts acknowledge the existence of constitutional conventions as acquired immune deficiency syndrome to judicial interpretation.4 Academics consider that such acknowledgement may at 1times appear to be similar to enforcement.5 The constitution ... is seen to consist of two different bursts the one is made up of understandings, customs, or conventions which, not being enforced by the courts, are in no true understanding of the word laws the other part is made up of rules which are enforced by the courts, and which, whether personified in statutes or not, are laws in the strictest sense of the term, and make up the true law of the c onstitution. This law of the constitution is, as we have further found, in spite of all appearances to the contrary, the true foundation on which English polity rests, and it gives in truth til now to the conventional element of the constitutional law such force as it really possesses.First, as constitutional conventions can easily be adapted to new circumstances arising, they are therefore frequently used as a means of bringing about constitutional development, provided that those constitutional co