Law of the Costitution Essay Example | Topics and Well Written Essays - 1250 words

Law of the Costitution - Essay Exampleental principles of Britains unwritten Constitution, and the role of judges inwardly the context of those principles by stating that the indivisibility of fantanary power requires that all exercise of Governmental power must be authorized by Parliament, since it is the source of all valid authority.1 As a result, the British power of discriminatory reappraisal by the Courts would not include the power to invalidate Acts of Parliament, rather the Courts may only social occasion their powers to constrain every abuse of powers by the other arms of Government, such as the legislative and executive director branches2.This political and intelligent view is based upon the absolute and indivisible sovereignty of the British Parliament3. As state by Dicey (a) Parliament has the right to discover or unmake any legal philosophy some(prenominal)4 and (b) no person or body may be recognized as having the legal authority to set aside or invalidate th e acts of Parliament, except Parliament itself.5 Thus, the indivisibility of Parliamentary power sets it kayoed as the source of all valid authority.6 As a result, the British power of judicial review would not include the power to invalidate Acts of Parliament, rather the Courts may only use their powers to constrain any abuse of powers by the other arms of Government.7Jennings has opposed Diceys theory by argue for boundarying of Parliamentary power by the manner and form of the process of procedural entrapment8. A valet of legislation would be deeply entrenced if amendment requires unanimous support within the Houses of Parliament. Jennings defines legal sovereignty by specifying that Parliament has power to make laws for the time being, but not to bind future Parliament. The power of Parliament to make laws is also subject to the rule of recognition that is to be recognized by the Courts, including a rule which alters this law itself.9 Hence law making will be conditioned by the rule of recognition, which should limit the powers of Parliament to bind successors in an era