Friday, August 23, 2019

Public Law Essay Example | Topics and Well Written Essays - 7000 words

Public Law - Essay Example While the United Kingdom does not have a formal written and codified Constitution, there is an unwritten set of rules comprised of the Acts of Parliament, judicial decisions as well as political practices that form the basis of Constitutional practice within the U.K2. Parliament is sovereign, as articulated by Oxford Professor A.V. Dicey who stated that â€Å"in theory, Parliament has total power, it is sovereign† thereby it is the source of all valid authority.3 Therefore, there is no separation of powers in the U.K., Parliament has been deputed as the supreme authority to make the laws of the land, through the principle of Parliamentary Sovereignty. Further more the Human Rights Act of 1988 incorporated the goals of the European Convention of Human Rights3a within the framework of national law, by including a provision that Parliament legislation is to be interpreted and read in such a manner as to give effect to the goals of the Convention4, while the judiciary has also been given the power under the Act to declare Parliament legislation incompatible with Convention rights5.Wiithin the UK, the European Convention was not directly relevant to statutory interpretation6 until the introduction of the Human Rights Act of 1998.

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.