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

Constitutional and Administrative Law - Essay compositors caseA majority of nations have gone through an occurrence which caused them to depart with history affording them the prospect of codifying their underlying system. However, Britain is unique in this aspect as the British piece is a consequence of steady cash advance and transformation rather than a conscious attempt to devise an absolute arrangement of constitution and governing (Raphael, 2004). Nonetheless, 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 codified constitution results to a power vacuum, a vacuity seized by the legislative supremacy of the Parliament. Although the branches of the British government form 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 o f checks and balances, is absent (Burnett, 2002). The Lord Chancellor, for instance, is a constituent of all the three branches concurrently serving as a member of the console table, 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 greens whose members are elected, is the most sovereign This sovereignty of the Parliament is evident in its legislative enactments, binding on from each one and every one, although the British citizens could dispute the legality of a particular act under a particular decree in the courts (Burnett, 2002). A. V. Dicey make 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 advanced to make or unmake any law whatever and, further, that no person or be is recognised by the law of England as having a rig ht to override or set diversion the legislation of Parliament. The entire political chest resides on the prime minister and the cabinet, and the monarch must serve on their counsel. The prime minister selects the cabinet from MPs, coming from his political party and a great sum up of cabinet ministers head the departments of the government. The prime ministers power was augmented in the 20th century as sometimes, performing alone or with another colleague in the parliament, 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). Dicey asserts that the constitution is founded