A constitution is an aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization, or another type of entity and commonly determine how that entity or country or government is to be governed. When these principles are written down into a single document or set of legal documents, they become law and are enforceable by the concerned authorities, those documents may be said to be a written constitution. if they are encompassed in a...
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State power is organised, distributed, and governed by constitutions. They set out the state structure, the major institutions of the state, and the principles regulating their relations with each other and with the people of the state. In that it has an 'unwritten constitution, Britain is unusual: unlike the vast majority of nations, there is no single legislative text that lays out the basic rules detailing how the state operates in one place. The lack of a ‘written’ constitution in...
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Religion and politics have continued to be an important theme in the political philosophy of England dating back in the sixteenth century, despite the emergence of consensus over the right to freedom and the need for separation of powers between the state and the church. The imminent relationship between religion and political wellbeing of the individuals foretold the sobriety of social relations depicted by people in England during the sixteenth century. Queen Elizabeth I was the first queen to intermingle...
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As Declared by Collymore v AG, the constitution declares supremacy of the law. However, when it comes to the Caribbean, we are in a peculiar situation; our laws are transcribed from Britain. Our constitutions are model after a variant of the Westminster system maintaining colonial presence in the Caribbean, despite us being independent states. The line from Drayton, ‘The worm in the mango of constitution is an idea of law as dominion and subordination.’ speaks to the captivity that Britain...
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Constitutional law is concerned with the overall constitutional structure which a country is governed. The narrow meaning of a constitution relates to documents with legal sanctity setting out the framework and principal functions of the Government. In consideration of this definition, the UK does not have a constitution. The broad meaning of a constitution is the whole system of government of a country, the collection of rules which establish and regulate the government. In this sense, the UK does have...
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In recent years, the UK constitution has been a thriving topic of debate and the organs of government have frequently been accused by their critics of making ‘unconstitutional’ decisions, yet the meaning of this is subjective. To define this term, several factors should be considered; firstly, the difference between unconstitutional and illegal, secondly, if existing challenges to constitutional principles can be considered unconstitutional, and thirdly, how unconstitutionality is sometimes unavoidable. The difficulties that come with defining ‘unconstitutional’ are mirrored by...
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One way which both constitutions are similar is both England and USA have laws which are put into place which people are expected to follow. People are aware of the expectations and the consequences if laws are broken. By having rules in place people are kept in control because the laws clearly state what is and is not expected. Laws are created so that people are protected from harm, but they are also created so that the public know that...
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