Monday 29 February 2016

Leaving the EU and how it would affect sovereignty and therefore the UK constitution

Leaving the EU could lead to a defect on sovereignty and the UK constitution. The referendum for later on this year will determine wether the UK will stay in the EU. The Treaty on European Union provides for a member for a state can leave the EU.

Sovereignty means overall power, The UK follow european laws which means that the EU have sovereignty over us, although can be debated. The power which lies with the EU suggest that leaving the EU would leave Britain to have overall power amongst itself. This can be a downfall because it leaves just the British Bill of rights which is looking to cover the UK constitution. This can be a downfall because rules within the EU and how the different laws linking with other EU members.

Leaving the EU will effect trade within other countries across Europe and the world. Leaving the EU will cause problems with economic factors in bringing money into the UK. Although the British constitutional rules won't be effected much, the laws within the EU will be completely deficient.

Sunday 7 February 2016

What are the core principles of the UK constitution?

The UK has 5 core principles in its constitution. A constitution is a set of rules, The principles are the key features inside. The main core principles are : Parliamentary Sovereignty, The rule of law, Parliamentary government and constitutional monarchy.

Parliamentary sovereignty:
Sovereignty is the overall power, parliamentary sovereignty is the location of constitutional power. If the constitution defines the duties, power and functions of the various institutions of government. It also refers to the overall power in which the government have, meaning they can change or amend laws whenever they wish. Parlimentary Sovereignity is usually seen as the key concept of the constitution however can also been seen as controversial. You could suggest that popular Sovereignity has become uprising to the fact of the wider use of referendums.

The rule of law:
The rule of law is the principles that the law should rule. It should apply to all conducts or behaviour and cover the private citizens and public officials. The rule of law can be seen as the second most important principle and is meant to be an alternative for the constitution. It is a way of saying that government is not above the law!

Parlimentary government:
The structure of a constitution is made by executive and Parlimentary. The government simply run in and out of parliament therefore interlocking constitutions. Many suggest that Parlimentary Sovereignity and Parlimentary government are the same or similar things as people suggest that because the closeness of parliament and goverenment, the Sovereignity does not lie with government, but with Parliment. This could be seen as an elective dictatorship.

Constitutional monarchy:
Although the monarchy do not have overall power, they are central in the UK constitution. The majority of their power goes to ministers in Parliment. In 1867, Walter Bagehot created the difference between the defined parts of the constitution eg: The monarchy and the HOL. Compared to the efficient part eg: the cabinet and the HOC. Referring to Walter, the dignified roles still play a vital role in the constitution although they don't not bring a strong political meaning.