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Constitutional Law

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All Subjects>Humanities>Law> Constitutional Law (page2)

C/L/180. Ministerial responsibility under UK constitution

(2007, 3200 words)

The paper examines the nature of Ministerial responsibility under the constitution of the United Kingdom. It discusses the differences between individual ministerial responsibility to parliament and the collective responsibility of Cabinet members, and how they may contradict and conflict with each other.

C/L/177. Judicial Review: human rights vs. civil liberties in Constitutional Law

(2007, 2000 words)

The paper examines the structure of a judicial review analyzing the present system of constitutional and administrative law with reference to the ideas of A. Dicey. The implications of substituting human rights for civil liberties are outlined discussing the misuse of power and jurisdiction and offering advice related to the breach of Article 6 of the Human rights law (HRL).

C/L/171. Constitutional & Administration Law

(2007, 1000 words)

This assignment discusses various aspects of the constitution. This is approached in the guise of three problem questions, which discuss whether or not legislation can be repealed on various bases. This assignment discusses entrenchment, parliamentary sovereignty, judicial review and the concept of separation of powers

S/L/150. Scenarios of UK legislation development

(2007, 2000 words)

The paper examines fictional Constitution Act 2007 discussing possible scenarios of the UK political development and the future legislation, including the Courts Act 2009, Government of England Act 2010, etc.

S/L/149. 'Constitutional conventions should be put on a legal footing. However, there is no clear agreement as to what amounts to a convention'. Discuss

(2007, 1500 words)

The paper examines whether constitutional conventions can be placed on a legal footing. Both sides of the argument are considered; definitions and rules of conventions are reviewed; the consequences of breaching a convention are discussed.

C/L/167. The UK does not have a Constitution but has all the essential characteristics of a constitutional system. Discuss.

(2007, 2500 words)

This paper looks at the nature of the British constitution and concludes that Britain clearly does have a constitution. It then looks at the basic doctrines of this constitution.

C/L/160. Public Law and Constitution in UK as a member of the European Community

(2007, 2500 words)

This essay looks at the constitutional repercussions for the UK of being a member of the European Communities. It looks at the influence that membership of the European Communities has on the doctrine of Parliamentary Sovereignty and the steps that would have to be taken if Parliament wished to expressly derogate from provisions of Community law.

S/L/137. Principles of the British Constitution

(2007, 1500 words)

"The sovereignty of Parliament and the supremacy of the law of the land – the two principles which pervade the whole of the English constitution – may appear to stand in opposition to each other, or to be at best only counterbalancing forces. But this appearance is delusive; the sovereignty of parliament, as contrasted with other forms of sovereign power, favours the supremacy of law, whilst the predominance of rigid legality throughout our institutions evokes the exercise, and thus increases the authority, of Parliamentary sovereignty, " AV Dicey, "An Introduction to the study of the Law of the constitution" 10th edition, London Macmillan, 1967, (p.406). This was Dicey's opinion 120 years ago. What is the situation today as regards the relation between "the two pervasive principles of the constitution", Parliamentary sovereignty and the rule of law (or supremacy of law)? The paper examines the principles of the British constitution discussing parliamentary sovereignty in law making and arguing whether it is limited by the European Court of Justice, the Human Rights Act, etc. The ideas of A.V. Dicey on the law of the constitution are reviewed.

C/L/121. Whatever the courts might have said in the past, there are now circumstances when use of the doctrine of implied repeal is inappropriate

(2007, 2000 words)

The United Kingdom does not have a written constitution to govern the affairs of the country, which it has been argued would create a system that allows the absolute power of the government to rule the nation and may result in tyranny. Dicey's theory argues that because there is no written constitution this does not mean that the government is being left to its own devices. Dicey suggested that two of the main fundamental pillars of the United Kingdom unwritten constitution are the doctrines of parliamentary supremacy or sovereignty and the rule of law. There are instances where these doctrines clash, because a statute made by the current parliament could clash with a law from a previous parliament; therefore which statute should be applied? The easy answer that English law created is that the current law supersedes an earlier parliament, which creates the doctrine of implied repeal. Therefore this discussion is going to discuss the pillars of Dicean theory and the importance of parliamentary sovereignty and rule of law and how the doctrine of implied repeal is important to uphold these doctrines; however there are problems with this doctrine, which the European Communities Act 1972 (ECA) and the Human Rights Act 1998 (HRA) have brought to the doctrine.

S/L/117. Proposals to Reform the House of Lords and the Constitutional Implications these Proposals Create

(2006, 1000 words)

The paper examines the current composition of the House of Lords (HoL) reviewing legislation related to the HoL, discussing the suggestions made by the Wakeham Commission regarding the HoL reform and the possible constitutional implications of the reform.

S/P/157. "The most important reforms of the House of Lords have already taken place", Russell, 2003. Do you agree?

(2006, 3000 words)

The paper examines the role of the House of Lords in the British political system presenting criticism against life peers and reviewing the transformations in the composition of the House through the 20th century.

E/L/32. Why has Britain's unwritten constitution faced such criticism over the last 30 years? Is that criticism merited?

(2006, 1000 words)

The paper examines the reasons for criticism towards the UK unwritten constitution outlining the main features of the British Constitution, discussing the implications of its flexibility, and commenting on different attitudes to the constitution.

E/L/24. Comparing British and Japanese systems of government

(2006, 2500 words)

The paper examines the parliamentary systems of Japan and the UK outlining their legal and structural characteristics, organisational principles, etc. British and Japanese political landscapes are compared highlighting the main differences between the two governmental systems.

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