Metropolitan University, Sylhet

Name: Minhazul Abedin

Exam: Mid term (2020)
ID: 192-113-009
Batch: 42nd
Subject: Constitutional law-3
 Answer to the question No-1(a)

A rule that is not sanctioned by the norms of state law but has been applied for a long time by agencies
of state power and administration. Constitutional custom is sometimes called constitutional agreement,
conventional norm, or constitutional ethic. Constitutional custom is most frequently encountered in
Great Britain, the United States, and countries that have adopted the Anglo-Saxon legal system. In Great
Britain, for example, supreme executive power legally belongs to the monarch, but by constitutional
custom it is exercised by the cabinet. According to constitutional custom the only person whom the king
may appoint to the post of prime minister is the leader of the party with a majority in the House of
Commons. The cabinets of the United States and India exist only through constitutional custom; they
are not provided for by the constitutions of these countries. Bourgeois legal scholars hold that public
opinion guarantees the observance of constitutional custom, and therefore these customs are
sometimes regarded as non legal norms that regulate the application of the norms of state law.

Answer to the question No-1(b)

Every Political Entity has a Constitution which may be codified or not codified but all that Entity do not
have constitutionalism. I am agree with this statement.

All political party has several rules those are there constitution. But those are not codified though
sometimes their political entity become a codified when they are make government of their country.
They make those a constitution for their benefit. However, sometimes those are become hard for public
opinion.

Answer to the question No -3(a)

The separation of powers is an important concept in constitutional law. In this chapter the origins and
meaning of the doctrine will be considered. Reference will be made to Montesquieu’s L’Esprit des
Loiswhich is widely regarded as the most in 6 uential exposition of the doctrine. We will then consider
whether or not there is a separation of powers in the UK constitution. In so doing, it will be necessary to
examine, amongst other things, the reforms set out in the Constitutional Reform Act 2005. It will also be
necessary to acknowledge that there is generally a difference of opinion between academics and judges
as to the importance of the separation of powers doctrine to an understanding of the UK constitution.

Answer to the question no -3(b)

A constitutional monarchy is a form of government in which a monarch acts as head of state within the
parameters of a written , unwritten or blended constitution. It differs from absolute monarchy in that
an absolute monarch serves as the sole source of political power in the state and is not legally bound by
any constitution. Most constitutional monarchies employ a parliamentary system in which the Monarch
may have strictly Ceremonial duties or may have Reserve Powers, depending on the constitution. They
have a directly or indirectly elected prime minister who is the head of government, and exercises
effective political power.

As in most republics, a constitutional monarchy's executive authority is vested in the head of state.
Today constitutional monarchy is almost always combined with representative democracy, and
represents a compromise between total trust in the political class, and in well-bred and well-trained
monarchs raised for the role from birth. Though the king or queen may be regarded as the government's
symbolic head, it is the Prime Minister who actually governs the country.

Answer to the question no- 4(a)

Ensuring the accountability of government ministers has been undertaken over the centuries through
constitutional conventions. The primary convention providing for oversight of the executive is that of
accountability that government ministers are accountable to Parliament and the public for their actions:

Individual ministerial responsibility had its origins in the need for Parliament to act as a check on
Ministers, without having to resort to their impeachment, and in the recognition by Ministers that
they must ultimately rely on the support of the Commons for their policies.

Ministerial responsibility and accountability has been set out in a Ministerial Code.

One major area where concerns remain about the lack of parliamentary oversight and scrutiny is in the
exercise of the royal  prerogative. A government report in 2004 recommended that if ministerial
accountability was to be taken seriously, oversight of the exercise of the royal prerogative was
necessary.

Answer to the question no -4(b)

Cabinet, in political systems, a body of advisers to a head of state who also serve as the heads of
government departments. The cabinet has become an important element of government wherever
legislative powers have been vested in a parliament, but its form differs markedly in various countries,
the two most striking examples being the United Kingdom and the United States. The cabinet system of
government originated in Great Britain. The cabinet developed from the Privy Council in the 17th and
early 18th centuries when that body grew too large to debate affairs of state effectively.