Similarity Report ID: oid:11616:147755715

PAPER NAME AUTHOR

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642 Words 3751 Characters

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2 Pages 4.6KB

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Summary
"Constitution" comes from the Latin word 'constitutio' which is derived from the verb 'constiture'. In Latin
'constiture' means 'to established' or 'to set up'. The word "constitution" was first introduced in and widely used
in the context of governance and law in ancient Rome. The Roman developed the concept of a constitution as a
set of fundamental laws and principle that outlined the organization, powers, and limitations of the Roman
Republic and later the Roman Empire. The constitution was a combination of written laws, customary practices
and political norms that governed the functioning of the state. The Roman idea of a constitution influenced
subsequent development in governance and law in various societies throughout history. Overtime, the term
"constitution" came to represent the written or unwritten document that codifies these fundamental principles
and established the frame work for the government and its functioning.

Constitution can be classify in two categories such as written and unwritten. A written constitution can be
codified, specificity and detail writing, contained in a single document, provisions are explicitly stated and
readily available for the citizens to review and understand. USA, Germany, India, Japan are the example of
written constitution countries. On the other hand unwritten constitution may have multiple sources, it has
flexibility, can be subject to interpretation or debate. The United Kingdom, New Zealand, Canada, Israel are the
example of unwritten constitution countries. Though they have some written constitutional document for
specific purpose.

Advantage and Disadvantage of a written constitution of UK government.

1
a) Clarity and Accessibility: A written constitution would provide a clear and accessible document outlining the
fundamental principles, rights and structures of the government. Citizen would have a comprehensive resource
to understand their constitutional rights and obligations.

B) Legal Certainty: A written constitution would provide legal certainty by explicitly defining the powers and
limitations of the government. It would established a clear frame work for the exercise of authority and ensure
that all laws and actions are consistent with the constitution.
1
C) Protection of Individual Rights: A written constitution can explicitly protect individual rights and freedoms. It
would include a bill of rights or similar provisions, ensuring that fundamental rights are safeguarded and
provided citizens with legal resource in case of violations.

D) 2Separation of Powers: A written constitution can established a clear separation of powers between 1the
executive, legislative and the judicial branches. This separation ensures a system of check and balances,
preventing the concentration of power and promoting accountability.

Disadvantages of a written constitution in UK

a) Rigidity and Difficulty of Amendment: A written constitution can be challenging to amend, requiring a formal
and often complex process. This rigidity can make it difficult to adapt the constitution to changing
circumstances or evolving societal needs without significant hurdles.

B)Interpretation and judicial activism: Interpreting a written constitution can be subject to different judicial
interpretations, leading to debates and potential controversies. Courts may become more influential in shaping
the constitution, potentially resulting in judicial activism and decisions that reflect the biases of the judges.

C) Lack of Flexibility: A written constitution may limit flexibility in responding to unforeseen situations or
emergencies. It may be less adaptable to changing societal values, requiring a lengthy and formal amendment
process to address new challenges effectively.

D) Potential for Judicial Overreach: A written constitution can provide judges with greater power to strike down
laws or actions deemed unconstitutional. While judicial review is essential for upholding the rule of law, there is
a risk of judges assuming to much authority and potentially overstepping their role as interpreters of the law.

It is important to note that the advantage and disadvantages mentioned above are hypothetical as the UK
2
currently does not have a written constitution. The discussion on the advantage and disadvantages of a written
constitution in the context of the UK is often subject to debate and varying viewpoints.
 Similarity Report ID: oid:11616:147755715

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University of Newcastle upon Tyne on 2023-05-19

1 7%
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King's College on 2014-03-28

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Sources overview
 Similarity Report ID: oid:11616:147754378

PAPER NAME AUTHOR

UserId: 143055868 TestId: 149898922 Q -

uestionId: 142376686

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726 Words 4106 Characters

PAGE COUNT FILE SIZE

1 Page 4.9KB

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Summary
1
Government ministers exercise political powers in the UK constitution, and are accountable to the parliament for
their actions. Two constitutional conventions operate to encourage accountability. one is individual ministerial
responsibility and other is collective ministerial responsibility. This essay will explore the range of individual and
collective responsibilities of government ministers, and will reach a conclusion that these constructional
convention are inadequate in ensuring minister's accountability to parliament.

Collective ministerial responsibility rests on the main practices of the Ministerial convention.

1) Confidentiality, meaning all government decisions take place in private to encourage honest discussion.

2) Confidence, the need to present the appearance of a strong government.

3) Decisions reached by the Cabinet or Ministerial Committee are binding on all government.

4) Minister Solidarity, a minister who is unable to support government policy has to resign from his office. This is
to ensure the government is unified and possesses a strong coherence. Minister must accept responsibility for
the policies and decisions of the government, even if they did not develop or take them and even if they
disagree with them. For instance, Jo Jonson MP, the former Transport Secretary had a new position (about Brexit)
which didnot follow the Government point, therefore he had to quit the cabinet. Similarly, in 2014, Baroness
Warsi resigned because she could no longer support the government stance on the Israel -Gaza conflict.
However, there are some matters of public interest on which the government does not have a collective view - it
goes to a 'free vote' whereby whips do not interfere e.g. bills on same sex marriage. Collective responsibility is
important to ensure that there is effective accountability to parliament, as the government as a whole is obliged
to provide information and explain its actions in parliament to defend its policies.

There have been departure from the practice of collective responsibility. For instance, in the 1970s, PMs were
obliged to suspend collective responsibility because of internal disagreemnt. Harold Wilson allowed dissenting
cabinet members to campaign against remaing in the then European Economic Commission in 1975, but not
when representing government in parliament. Bogdanor states that 'collective responsibility' is a maxim of
political prudence as it is a convention of the constitution.' This departure is lokely to occur with increasing
freqency in Scotland and wales or in England if there is a period of multiparty politics. governments are less
likely to be unified ideologically.

Next, the convention of individual ministerial responsibility requires both that there be some obligation on
ministers to give an account of their actions and policies to the parliament, and that if fault is revealed, there
must be some means for parliament to exact some kind of redress. Acts by government departmental official
are in law synonymous with the acts of the minister himself or herself and for every branch of government
business there is a minister to explain and account for decisions (Carltona v Commissioners of Work). Parliament
affirmation of ministerial responsibility via Common Resolutions (1977) provided guidelines on the duty that
Ministers owe to parliament, for their decisions and actions of themselves and their department. Further,
minister who knowingly mislead parliament will be expected to offer their resignation to the PM. It is also vital
that ministers give accurate and truthful information to the parliament; only refusing to provide information if
discloser would not be in the public interest. Section 3 of the Freedom of Information Act 2000 now provided
statutory access to the official information. Notable resignations due to criticism of ministerial conduct include
1982 Lord Carrington (Falklands);n1986 Leon Britton (leak of confidential advice) and 2004 Breverly Huges
(lying about bowlegged of visas being granted on the basis of false document). Though it is questionable as to
whether this doctrine has been effective, as the Arms to Iraq affair saw junior ministers change guidelines on
1
export ban to Iraq,effectively seen as lying to parliament, yet , no minister resigned.

1
In conclusion, though there have been success through the individual and collective ministerial responsibility

conventions, this essay has exposed that it is no longer effectively enforced and increasingly out of date. The
1
unfortunate reality of the convention and the prime minister protects the government from political
accountability as long as the decision was made from a department working at arm's length from the central
government. The practical workings of ministerial responsibility are divorced from the theory.
 Similarity Report ID: oid:11616:147754378

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London School of Economics and Political Science on 2020-08-04

1 93%
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 Similarity Report ID: oid:11616:147756309

PAPER NAME AUTHOR

UserId: 143055868 TestId: 149898922 Q -

uestionId: 142377177

WORD COUNT CHARACTER COUNT

1219 Words 6050 Characters

PAGE COUNT FILE SIZE

2 Pages 7.3KB

SUBMISSION DATE REPORT DATE

May 22, 2023 8:21 AM GMT+1 May 22, 2023 8:23 AM GMT+1

62% Overall Similarity

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36% Internet database 34% Publications database
Crossref database Crossref Posted Content database
60% Submitted Works database

Summary
23
The Human Rights Act 1998 was passed in the UK to address the situation where breaches of convention rights
24 39
could only be raised in the European Court of Human Rights in Strasbourg. The Act came into force in October
12
2000 and enabled breached of convention rights to be raised in the domestic courts. The Act domesticated the
rights and liberties which were enshrined in the European convention on human rights, meaning that they could
be relied upon in the national court.

The nature of human rights is a complex and contested concept. Generally,25human rights are considered to be
20
inherent and inalienable rights that are possessed by all human being simply by individual regardless of their
nationality, race, gender, religion or any other characteristic.Human rights are also seen as indivisible, meaning
15
that they are inter pretended and cannot be separated from another. For example, the right to freedom of
expression is closely linked to the right to freedom of assembly and association. Human rights are often
categorized in to different types such as17as civil and political rights, economic, social and cultural rights and
31 8
collective rights. Civil and political rights include rights such as freedom of speech, freedom of religion and the
right to a fair trial. Economic, social and cultural rights such as the right to education, the right to work, and the
36
right to health care. Collective rights refer to the rights the right to groups, such as the right to self-
37
determination for indigenous people. Overall, the nature of the human rights is complex and multifaceted and
there is ongoing debate and discussion about13the scope and content of these rights.
26 5
The Human Rights Acts 1998 strengthens the protection of human rights in the UK by requiring public
authorities to act in a way that is compostable with the European convention on Human Rights (ECHR). This
include protecting the rights of citizens in their relationship with the government. The Act applies to all 9public
authorities, including central and local government, the police,and health and education authorities. It also
3
requires the sponsoring minister for every government. Bill to make a statement to parliament before the Bill's
1
second reading about its compatibility with convention rights. The act does not, however, limit the sovereignty of
parliament, which remains free to enact legislation that is incompatible with the convention rights. Overall the
act aims19to balance the protection of human rights with the principle of parliamentary sovereignty.

28 27
Section 3 and section 4 of the human rights act 1998 are both important provisions that relate to the
interpretation and application of the European Convention on Human Rights in the UK. However, they have
different function and operate in different ways. 7Section 3 of Human Rights Act requires the courts to interpret
2
legislation in a way that is compitable with the ECHR, So far as it possible to do so. This means that if a court is
faced with a piece of legislation that appears to conflict with a convention right, it must try to interpret the
2
legislation in a way that appears to conflict with a Convention right, it must try to interpret the legislation in a
22
way that is consistent with the right. This is known as the 'interpretation obligation'. If the court is unable to
2
interpret the legislation in a way that is compatible with the convention right, it must issue a declaration of
11
incompatibility under section 4. Section 4 of the Human rights Act allows the court to issue a declaration of
incompatibility if they are unable to interpret legislation in a way that is compatible with ECHR. This declaration
18
does not affect the validity of the legislation, but it puts pressure on the government and parliament to amend
the legislation to make it compatible with the convention right.13The declaration of incompatibility is not binding
21
on the government or parliament, but it is a powerful political tool that can be used to bring about change.
5
The Human Rights Act 1998 strengthens the protection of human rights in the UK by requiring public authorities
to act in a way that is compatible with the European Convention on Human Rights (ECHR). This includes
9
protecting the rights of citizen in their relationship with the government. The Act applies to all public authorities
3
including central and local government the police and health and education authorities. It also requires the
sponsoring minister for every government bill to make a statement to parliament before the Bill's second
1
reading about its compatibility with the convention rights. The Act does not, however, limit the sovereignty of
parliament, which remains free to enact legislation that is incompatibility with the convention rights. Overall, the
19
Act aims to balance the protection of human rights with the principle of parliamentary sovereignty.

6
Sections 3 of the Human Rights Act 1998 requires courts to interpret legislation in a way that is compatible with
the European Convention on Human Rights(ECHR) "so far as it possible to do so". This means that 4if there is
more than one interpretation of a law, the court must choose the interpretation that is compitable with ECHR. If
1
there is no way to interpret the law in a way that is compatible with ECHR. The court can issue a declaration of
incompatibility under section 4. Section 4 of the HRA 1998 allows courts to make a declaration of incompatibility
if they find that a law is incompatible with the ECHR. This declaration does not invalidate the law but it puts
pressure on the government to amend the law to make it compitable with ECHR. The government is not required
30
to amend the law, but if it chooses not to, it must explain its decision to parliament. The courts have interpreted
34
and applied section 3 and 4 in a number of cases. For example, in the case of R (Jacson) v Attorney General
[2005],14the House of Lords used section 3 to interpret the Hunting Act 2004 in a way that was compatible with
32
the right to peaceful protest under article 11 of the ECHR. The court found that the act did not prohibit peaceful
protest and that was possible to interpret the Act in a way that allowed for peaceful protest.10In the case of R (
33

Nicklinson) v Ministry of Justice [2014] , the supreme court used section 4 to issue a declaration of
16
incompatibility in relationto the law on assisted suicide. The court found that the law was incompatible with the
right to respect for private life under Article 8 of the ECHR. The government did not amend the law, but it did
issue a guidelines on the prosecution of cases involving assisted sucide. Overall, the court have used section 3
and 429to ensure that UK law is compatible with the ECHR. The provisions have allowed 4individuals to challenge
35
laws that are incompatible with their human rights and have pressured on the government to amend laws that
are found incompatible with the ECHR.

In summery, section three requires the 4courts to interpret legislation in a way that is compatible with the ECHR,
while section 4 allows the courts to issue a declaration of incompatibility if they are unable to do so. Both
provisions are important for ensuring that38the ECHR is given effect in the UK but they operate in deferent ways
and different functions.
 Similarity Report ID: oid:11616:147756309

62% Overall Similarity

Top sources found in the following databases:
36% Internet database 34% Publications database
Crossref database Crossref Posted Content database
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University of Huddersfield on 2023-05-01

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University of Huddersfield on 2023-05-03

2 5%
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University of London Worldwide on 2022-05-30

3 4%
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Goldsmiths' College on 2023-03-03

4 3%
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blogs.lse.ac.uk
5 3%
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centreformilitaryjustice.org.uk
6 3%
Internet

Goldsmiths' College on 2023-03-03

7 2%
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cris.maastrichtuniversity.nl
8 2%
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 Similarity Report ID: oid:11616:147756309

itspublicknowledge.info
9 2%
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Taylor’s Education Group on 2015-10-09

10 2%
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Asia Pacific Instutute of Information Technology on 2020-01-12

11 2%
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University of London External System on 2020-07-14

12 2%
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Thompson, Brian, Gordon, Michael, Tucker, Adam. "Cases and Material...

13 2%
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University of Exeter on 2023-05-12

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15 1%
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16 1%
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iidh.ed.cr
17 1%
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Macquarie University on 2023-04-19

18 1%
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dokumen.pub
19 1%
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20 1%
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American Intercontinental University Online on 2007-04-03

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University of London Worldwide on 2022-05-30

22 1%
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University of London External System on 2021-06-11

23 <1%
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University of London Worldwide on 2023-05-22

24 <1%
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Hotelschool Den Haag on 2023-01-23

25 <1%
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Kaplan College on 2023-05-06

26 <1%
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The Robert Gordon University on 2019-07-01

27 <1%
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coursehero.com
28 <1%
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University of East London on 2023-03-13

29 <1%
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University of Essex on 2023-05-19

30 <1%
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31 <1%
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northumbriajournals.co.uk
33 <1%
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University of Huddersfield on 2023-05-03

34 <1%
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University of Huddersfield on 2023-05-18

35 <1%
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revolution.allbest.ru
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Moeckli, Daniel, Shah, Sangeeta, Sivakumaran, Sandesh. "International ...

37 <1%
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University of Essex on 2023-03-13

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University of Westminster on 2005-01-25

39 <1%
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