Tuesday, February 4, 2020
Law Essay Example | Topics and Well Written Essays - 2750 words - 3
Law - Essay Example Section 4 of the Act of Settlement 1700, comports with Diceyââ¬â¢s concept of the rule of law and sets the basic framework of the UKââ¬â¢s constitution. Section 4 mandates that ââ¬Å"the laws of England are the birthright of the people.â⬠2 Diceyââ¬â¢s definition of the UKââ¬â¢s 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 ââ¬Å"twin pillarsâ⬠of the UKââ¬â¢s Constitution which essentially places Parliamentary sovereignty as the backbone of the twin pillars of the UK Constitution. Dicey explains that Parliament: ââ¬Å"â⬠¦has under the British Constitution, the right to make or unmake 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.â⬠3 ââ¬Å"...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 passed both houses and received the Royal Assent, no court of justice can inquire into the mode 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 through both houses of Parliament.â⬠4 Similarly, Lord Morris said in Pickin v British Railways Board [1974] AC 63 that the courtsââ¬â¢ function is to ââ¬Å"administer the laws which Parliamentâ⬠enacts.5 Although there is an onerous process in Parliament for the passing of a bill, once that bill has been passed into law ââ¬Å"there is finality unless and until it is amended or repealed by Parliament.â⬠6 As for the courts, ââ¬Å"there may be argument as to the correct interpretation of the enactmentâ⬠however, there cannot be any discussion as to whether or not the act ââ¬Å"should be on the statute book at all.â⬠7 In the UK there is no codified Constitution, such as that found in the US
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