Analytical Essay on Constitution Supremacy

The parliamentary sovereigns it holds the legislative body and have absolute sovereignty and is supreme over all other government institutions including the executive and judicial bodies. The politician makes and break their own rules in a system of parliament supremacy. Parliamentary sovereignty mean that parliament has, under English constitution, the right to make or unmake any laws however and further that no person or body is recognised by the law as having a right to override or set aside the legislation of parliament.

The constitution provides protection of basic rights and liberties, such as freedom of speech .It is a selection of the most important rules about the government of the country. The constitution supremacy means that no laws or action can violate a nation's constitution and check on government power no matter who is elected, the constitutional principles must be enforced. This prevents a wide range of potential government abuses.

The difference between the parliamentary sovereigns and the constitution supremacy, the parliamentary sovereigns as it relates to parliamentary supremacy the rule of the constitution is not written, codified it does exist in a documentary form. Â what is written are the principle source of the constitution which are of parliament and laws as are the principles of common law.

The advantages of parliamentary sovereignty

they can easily make amendments and make laws without needing to seek a special majority, they can pass laws without submitting them for public viewing and they can restrict citizens from doing things they consider wrong, inappropriate and harmful even if it infringes on their basic human rights.

Parliamentary representative making the system very democratic.

General election every 5 years so can be voted out if not performing as promised

Statutes can reform the whole area of law in one act such as, merging criminal law with fraud act 2006. These abolished old offenses of deception and fraud, created a new simpler structure of offenses.

Statutes set broad policies that give power to others to make delegated legislation. The general structure laid down by parliament can be made in greater detail rather than just being contained in simple statute.

Before bills are presented consultations are made about proposed changes so the government can take objections into consideration. bills also go through stringent lengthy processes in parliament so all the clauses and amendments are thoroughly discussed.

Law by parliament is certain as it cannot be challenged under doctrine of parliamentary supremacy.

Advantages of constitutional supremacy

The constitutional laws bind all the citizens and government officials, there is an option to elect new officials, sign petition of a change

There is a concentrated effort to rule from a perspective of centrism

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It provides an opportunity to refresh the government periodically

There is an opportunity to offer governing continuity

This structure can help to unified the nation

Separation of power

The constitution is based on the principle of the separation of power. It means that the power of the state is divided between the three different but interdependent components or arms, namely the Executive, the Legislature and the Judiciary. This separation prevents a situation where one person body has an excessive amount of power. It provide a system of checks and balances. The whole principle offers us a system of checks and balances, where the different branches of government are accountable to one another.

The Executive

The president is the head of the state and the national executive. He exercises executive authority together with another member of cabinet, namely the Deputy president and minister. The executive develops policy for example by preparing and initiating legislation which submits to parliament for approval. It that implements the policy by running the administration of the different government department. The executive must account for its actions and policies to parliament. The cabinet is accountable collectively and individually to parliament to exercise executive authority and perform their functions. Further, members of the cabinet must provide parliament with full and regular reports concerning matters under their control.

Examples of Executive power

The executive power it include the authority held by the president, vice president and the president’s cabinet. The ability to appoint individual to certain government post. Is the authority to grant a pardon, or forgiveness. This power extends only to federal crimes, however the president has no authority to pardon state crimes.

The Legislature

The national legislature of parliament consist of two house the National Assembly and National Council of provinces whose member are elected by the people of South Africa. Each house has its own distinct function and powers as set out in the constitution. The National Assembly is responsible for choosing the president, passing laws ensuring that the member of the executive perform their work properly and providing a forum where the representatives of the people can publicly debate issues. The National Council of provinces is also involved in the law-making and provides a forum for debate on issues affecting the provinces. Its main focus is ensuring that provincial interest are taken in to account in then national sphere of government. In specific case, local government representatives also participate in debates in the Nation Council of provinces. Parliament as the national legislature, has legislative authority in the national sphere of government. Consequently parliament has the power to pass new laws, to amend existing laws and the repeal old laws. The same power is exercised by provincial legislature in the provincial sphere of government in respect of provincial laws, and by municipal council in the local sphere of government in respect of municipal by laws.

Examples of Legislature

• National level
• Provincial level
• Local level

The Judiciary

The head of the constitution courts is also chief justice of South Africa. The constitution state that the courts must be independent and act impartially. Organs of state such as parliament and the executive must assist and protect the courts in order to ensure their independence, impartiality, dignity accessibility and effectiveness.

The Judicial Service Commission was first established by the 1993 constitution in an attempt to broaden the responsibility for the administration of justice, and enhance the independence of the courts from interference by the other branches of government. The commission is widely representative of all stakeholders in judicial matters and advises the government on a variety of judicial matters set out in the constitution in particular the appointment and dismissal of judges and any other matter relating to the judiciary and the administration of justice. The  judicial function is the function of the courts as impartial refers to resolve legal disputes by determining which rule of law applies and what it by applying it in an authoritative way to the fact of particular legal dispute.

Examples of Judiciary

The judiciary is made up of the courts, such as the Constitutional court, the Supreme court of appeal, High courts, magistrate court.

Public Law is divided into Constitutional Law, Administrative Law and Criminal Law. All three of these fields of law have a direct impact on the public interest.

Constitutional Law can be defined as the body of legal rules that come from the Constitution. Â Constitutional Law includes the following: