The Uk Constitution And Its Effect On The Uk's Actions In Syria

2004 words - 8 pages

A constitution sets out the basic rules and principle by which a country is to be governed. A constitution covers all institutions that govern the executive, legislature, judiciary and parliament and how they interact together. A constitution defines the rights of citizens and states where the power lies within government. There are two types of constitution, a codified and an uncodified constitution. A codified constitution as found in America, refers to a state or country that has its rules and principles written down in one single document while an uncodified constitution as in Israel and New Zealand have no written laws or principles and is referred to as being an unwritten constitution. This essay will analyse the role of that parliament, the executive and the judiciary play within the functioning of the UK constitution; and assess the extent to which the theory of the separation of power can influence the position of the UK’s judgment when it comes to interfering in the international action against Syria.

Devised in 1689 via the Bill of Rights, just after the Glorious Revolution, the UK’s constitution became Parliamentary sovereign withdrawing monarchism present at the time. The UK constitution is classed as having an uncodified rather than a codified constitution due to the fact that it consists of both written and unwritten documents from statutes and case law, as well as of constitutional conventions. The nature of the UK constitution is quiet flexible and enables itself to be modified as its environment changes. Over the years, this constitution has proven to be rather complicated as it is different from that of America or that of France in which legislative bodies are not tangled at any point; breaching therefore the theory of separation of power. Although the strict separation of power is not accepted by lots of countries including the UK which often find compromises, Montesquieu in Richard Benwell and Oonagh Gay (August 2013) argue that the breach of liberty arises when legislative and executives powers are closely united. This is confirmed by the authors themselves who state that whereas a separation of power is exercised between those bodies, it safeguards liberties and protects against tyranny.

Within the UK constitution, the executive who formulates and implements policy comprises the Crown and the Government. Parliament being the highest legislaive body to govern the UK is compromised of the monarch, the House of Lords and the House of Commons. Parliament governs the country, by enabling legislation to benefit its citizens. The judiciary comprises of the lawyers, judges and magistrates. However, a conflict arose when senior judicial appointments was made by the crown and which showed the extent to which the three bodies were entangled. Each play a significant role in the UK governing body. Parliament is sovereign and passes legislature that is binding to all, along with the power to either abolish or alter them....

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