Wednesday, April 24, 2019
Law Essay Example | Topics and Well Written Essays - 2750 words - 3
Law - Essay exemplificationSection 4 of the Act of Settlement 1700, comports with diceys concept of the rule of truth and sets the basal framework of the UKs constitution. Section 4 mandates that the laws of England are the birthright of the people.2 Diceys description of the UKs constitution, together with Section 4 point to the significance of the separation of powers under the British constitution. To this end, Dicey formulated what he referred to as the twin pillars of the UKs Constitution which essentially places Parliamentary sovereignty as the backbone of the twin pillars of the UK Constitution. Dicey explains that Parliamenthas under the British Constitution, the right to make or unwrap any law whatever and further, that no person or body is recognised by the law of England as having a right to override or set aside the legislation of Parliament.3...all that a court of justice can do is to look at the Parliamentary roll if from that it should appear that a bill has passe d both houses and received the Royal Assent, no court of justice can inquire into the stylus in which it was introduced into Parliament, what was done to it previously being introduced, or what passed in Parliament during the various stages of its progress with both houses of Parliament.4Similarly, Lord Morris said in Pickin v British Railways Board 1974 AC 63 that the courts function is to administer the laws which Parliament enacts.5 Although there is an onerous process in Parliament for the passing of a bill, once that bill has been passed into law there is finality unless and until it is amended or repealed by Parliament.6 As for the courts, there may be argument as to the correct interpretation of the enactment however, there cannot be any discussion as to whether or not the act should be on the statute curb at all.7In the UK there is no codified Constitution, such as that found in the US
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