Discuss About The Constitutional Administrative Law With Text.
The constitution is document, which represents the most significant laws. The constitution defines the power of government and rights of citizens. It gives the authority within the jurisdiction. There are many types of constitutions such as codified constitution, uncodified constitution, unitary constitution, and federal constitution. Some countries have written constitution and some countries do not have written constitution. United Kingdom has no documented constitution. United Kingdom has rules of constitution documented in regulations, laws, and judicial judgement.
The lack of written constitution in the United Kingdom has significant attention over the past times in respect of meeting the expectations of the British citizens by current constitutional arrangements. This matter is contentious in the principle of British constitutional law. There are many consequences of not having written constitution. The United Kingdom has no bill of rights to give the security to the people from an over strong state. The written constitution provides the security from the activists or rebels. If any external elements use power and try to neglect the self-governing processes, then written constitution provides the security against these elements.
In this essay, the significance of written constitution in United Kingdom is discussed and critically examined with the help of cases and examples.
The constitution, in which main constitutional provisions are placed in an only document, is called codified constitution. Generally, it is known as written constitution. It sets the duties, authorities, roles, and functions of the government system in the word of higher law. It is judiciable. There are three main features of the codified constitution. The major significance of codified constitution is that in codified constitution, document has authority to establish the higher law. The second feature is that codified constitution binds the administrative or political organisations involving the organisations, which create the common law. The other feature of the codified constitution is that it is not easy to alter or amend the provisions of codified constitution.
In the absence of the written constitution or codified constitution, a constitution is made up of rules is called an uncodified constitution. The uncodified constitution has no authority to make higher law. In the absence of higher law, there are no legal standards. In the absence of legal standard, it is not possible for the magistrates to announce the actions of other bodies are unconstitutional or constitutional. The provisions of uncodified constitution are amendable. The provisions of uncodified constitution may abolish or amend easily. It is not judiciable.
Most of all self-governing nations in the world have a codified constitution regulating the part of common organisations within states. However, the United Kingdom does not have one constitutional document. The reason is that it has been developed from the 17th century to present period without legal moment. Contradictorily, the majority of codified constitutions were legislated for new starting in the logic that they had a historical break such as revolution. The other reason is that the constitution of United Kingdom is even since the position of the constitution of United Kingdom is not greater to other statues. Because of new constitutional improvements in United Kingdom, the parliamentary sovereignty has under burden in present time. The Human Right Act and the Devolution Act impose the restrictions on the authorities and powers of the parliament of United Kingdom.
Many arguments are made to support the opinion that it is required to adopt codified constitution or written constitution in United Kingdom. The codified constitution will make significant affects in United Kingdom. If United Kingdom adopts the written constitution, then it will significantly influence the authority of government, powers of government system, multi-stage governance, connection between parliament and administrative authority, rights of citizens, freedom of citizens and relationship between the magistrates and leaders. In latest period, United Kingdom has seen a move to unnecessary administrative power lying with prime minister of country. For example, in year 2003 in the case of Iraq Tony Blair stretched royal privilege authorities and performed in his best interest by approving to interfere in the worldwide war on terror. By adopting a written constitution, it will give guarantee of a solid separation of rights and powers by which statutory and judges are able to restrict excessive administrative power.
The other opinion to support the written constitution is that it will make the rules and regulations clearer. These major constitutional rules are placed together in only a document, these rules and regulations are clearly specified in comparison of unwritten constitution. In an unwritten constitution, rules and regulations are placed in various different documents. An Unwritten constitution creates the confusion about the meaning and significance of constitution. On the other hand, a written constitution will not make confusion in respect of meaning of the rules and regulations of the constitution. The unwritten constitution does not provide the surety about the enforcement of the rules and regulations. On the contradiction, the written constitution will give the surety about the enforcement of the rules and regulations.
The strongest argument in the favour of the written constitution is limited government in United Kingdom. If United Kingdom will adopt the written constitution then there will be great improvement in the government system in United Kingdom. It will cut down the size of government. The written constitution will successfully abolish the principle of parliamentary powers and authority. The written constitution will also abolish the elective dictatorship. The elective dictatorship is not a healthy practice. It is a practice, in which administrative power is tested only by the requirement of governments to win elections. In United Kingdom, it is specified in the capability of government to perform in any way it entertains as long as it keeps control of the House of Commons.
The significant feature of adopting the written constitution is that the government cannot make interference with the constitution because of the protection of the constitution by the higher law. The written constitution will also permit for unbiased understanding and impersonal explanation. The senior magistrate will monitor the written constitution. It will make sure that the public bodies advocate the constitutional provisions. The magistrates are above the politics so judges will act as unbiased and impartial constitutional arbitrators. The written constitution also promotes the education value. A codified constitution makes focus on the targets of the government system. It also makes focus on the central values.
A written constitution will support the citizenship. It will make a stronger sense of the political recognition that can be significant in progressively diverse society. The other argument to support the written constitution in United Kingdom is that a codified constitution will help to give protection to rights and the individual liberty. The individual liberty will specify the relationship between citizens and state so it will be more secured. In this way, the rights of citizenship will be undoubtedly described. The rights may enforce easily with written constitution. It is not so easy to enforce the rights with the unwritten constitution of United Kingdom. The elective dictatorship confines the right. In this way, these rights may define by the bill or rights in a written constitution. The bill of rights refers to a document, which states the rights and freedoms of citizen. It describes the legal extent of civil authority.
Contradictorily, there are many arguments against the introduction of a written constitution. It is argued that the written constitution is reflected as inflexible. Provisions cannot altered or abolished easily. It is not so easy to change higher law in comparison of statue law. It is too difficult to make amendments in a codified constitution. On the other hand, it is too quick and easy to implement the acts of parliament. An unwritten constitution is not so rigid. It is not entrenched just like a written constitution. Because of the inflexible nature of written constitution, it is not so possible for the constitution to be updated. It is also not possible to be relevant constitution. As a written constitution cannot alter in easy manner, so it finds impossible to react to altering the political situations and common circumstances. The major drawback of a written constitution is that it is rigid. In the present ever-changing time, it is very important to adopt the flexibility.
Further, the second argument against accepting a written constitution is legal dictatorship and the self-governing rule in United Kingdom. The long-time of constant rule in United Kingdom is reflect as strong point of an uncodified constitution. In an unwritten constitution of United Kingdom, the supreme constitutional authority is conferred in elected House of Commons. The alterations of constitution are required because of self-governing pressure. For example, the authorities of House of Lords were decreased by the Parliament Act of 1911 and Parliament Act of 1949. The reason was that unelected second chamber should not possess the right to block the procedures of the elected government. By adopting the written constitution, the magistrates will monitor the constitution. The magistrates are not elected and social unrepresentative, which will lead to, self-ruled discrepancy because of no self-governing legality. A written constitution will be specified in a manner that is not subject to common responsibility. The codified constitution can also interpreted as per the priority and values of senior magistrates.
Furthermore, the other argument against a written constitution is that parliamentary authority will be successfully abolished. The principle of parliamentary authority specifies that the parliament may implement, unmake, and alter any law as per choice. However, if there will be written constitution in United Kingdom, then the parliament would not be able to implement, unmake and alter the law as per the wish because of presence of constitution and possibly a bill or rights. The main reason is that a written constitution will act as a system of higher law. The written constitution will challenge any main principle in demonstrative democracy of the United Kingdom.
The other valid agreement against a written constitution is that it is not required. It is believed by many people that an unwritten constitution of United Kingdom makes sure the long history of the democracy. However, it cannot say that written constitution is most effective method of decreasing the powers of government. The another way of improving the checks and balances in the political system can be a best process of stopping over-might government in place of introducing a written constitution in United Kingdom.
Seeing the above discussed agreements and disagreements in respect of constitution in United Kingdom, there are some strong cases to support the both opinions on whether United Kingdom is required a written constitution or not. Both the cases for written constitution and unwritten constitution of the United Kingdom was reasoned strongly. The benefits of written constitution are more clarity, transparency, and certainty. The main benefit of unwritten constitution is flexibility. The immoralities of each are not same of the relevant advantages. The opponents of the written constitution point to the stipulative problem of altering the constitution. The opponents of an unwritten constitution point to their weakness to altering the interpretations from which there is no demand. The alterations impelled by the suitability or partnership.
The effects of these explanations are that the written constitutions compel government in manners that uncodified constitutions do not. The government is question to it, while with uncodified constitution it is constitution that is subject of government system. It is possible for the government to amend the provisions of constitution or explain it in the manner that suits itself. The written constitution is significant safeguard against misuses by the government of their authorities, not minimum because it will establish civil authorities or rights and due procedures of legal system.
In United Kingdom, the Human Rights Act establishes the authorities and rights of citizens. The Human Rights Act does not provide the Supreme Court authority to strike down law, rules, and regulations in United Kingdom. It confines the action of government system that is at unusual with the Human Rights Act. This influence is not so strong like effects of fully codified constitution.
It was argued that the written constitution would be inflexible. The reason is that it will be more difficult in comparison of altering or abolishing statue law. In consideration of benefits, the constitution not at whom of any present existing management is as harsher carer of authorities and rights than a constitution flexible to partisan and transferring the interest. Further, planning careful and consensual means for altering the constitution when varying the conditions make a strong incident for doing so cannot be beyond human imagination and skills. The rigidity of the United States constitution is the consequence of handling it as if it were sacred summons rather than a document fulfilling the requirements of the country.
The other argument is unwritten constitution permits self-governing demand to make the constitutional provisions of the state rather than conferring the authority to explain them in a supreme court. If the constitutional amendments require a supermajority in the parliament or in a vote, the alterations will be truly self-governing. It will evade the dangers specified by J.S. Mill as inherent in basic majoritarianism.
It was also argued that it there will be a written constitution in United Kingdom, then parliamentary authority would be ended there. It will be not a good thing. The parliament will not be independent. As an administrative is drawn from the majority in parliament, the beating system of the party disciplines means the administrative is assured to develop this manner.
Conclusion
The United Kingdom has always rare democracies since it lacks a written constitutional document. There are many scholars, who are in the favour of adoption of introduction of the written constitution. They had made their views to support the written constitution in United Kingdom. A written constitution can stop the violation of human rights by state and secure the smaller groups from the pressure of majority. Contradictorily, many scholars had made opinions against the point of introduction of codified constitution. They had made an opinion that parliamentary authority will be strongly abolished.
By considering all these points, it is concluded that the United Kingdom is required to continue the constitutional architecture in the United Kingdom. The written constitution will make serious block in coming period in spite of the point that it might be proper and suitable at present day. The constitution of United Kingdom allows the British citizens to take more positive beneficial atmosphere in comparison of other nations having written constitution. The codification of constitution of United Kingdom is not so easy. It is tough and challenging task since it creates from contracts, treaties, statues, rules, regulations, and case laws in United Kingdom.
References
Allen, M, ‘constitutional and administrative law’ (Oxford University Press 2011)
Barber, NW, ‘Against a written constitution, public law’ (Sweet & Maxwell limited 2008)
Barber, NW, ‘Law and constitutional conventions’ (Sweet & Maxwell limited 2011)
Barnett, H, ‘Constitutional and administrative law’ (Routledge press 2011)
Beatson, J, ‘Reforming a written constitution’ (Routledge 2010)
Bogdanor, V, ‘The new British constitution’ (Bloomsbury publishing 2009)
Bradley, AW, ‘constitutional and administrative law’ (Pearson press 2011)
Elliott, C, ‘English legal system’ (Pearson press 2011)
King, A, ‘The British Constitution’ (Oxford University Press 2007)
Parpworth, N, ‘Constitutional and administrative law’ (Oxford university press 2007)
Pollard, D, ‘constitutional and administrative law with text materials’ (Oxford university press 2007)
Tomkins, A, ‘Our republication constitution’ (Hart publishing 2005)
Tomkins, A,’ Public Law’ (Oxford press 2010)
Turpin, C, and Tomkins, A, ‘British government and the constitution’ (Cambridge university press 2011)
Anthony Barnett, ‘the lure of greatness: England’s Brexit and America’s Trump’ (2017) <https://www.theguardian.com/commentisfree/2016/nov/30/why-britain-needs-written-constitution> accessed on 25 July 2018
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