Constitutional Law in the United Kingdom

Introduction

The changes in the English constitution could be viewed from the following aspects:

1. The driving force behind the future Constitution of this country
2. Their relationships per se
3. The reduction between these forces in terms of critical dimensions and the action plans that future constitutions need to consider and execute.

Principles of UK Constitution

It is first of all, necessary to delve into the matter of principle of English law. The singular most important aspect of the UK Constitution is that relating to the complete and unqualified powers of Parliament to make, and repeal laws. This institution does not, should it think necessary, need to take recourse to neither previous decisions, nor, it there any need for future Parliament to basis decisions on present laws. Parliament has full powers to act according to the present situation and perspective. However, Britain’s entry into the European Union (EU) has necessitated changes in its internal laws, subrogating it for broad-based EU laws.

“All laws passed at the European level are considered legally superior to domestic law, and are ultimately protected by a higher constitutional court, the European Court of Justice. Should European Community law and UK law conflict, EC law will prevail.” ¹

It is seen that the British system is not much in favor of “judicial review” This was evident in the UK case of Dr. Bonham (1648). For a long time, Parliament held sway over the judiciary and the latter could not question the powers exercised by Parliament. However, all this changed with UK’s entry into European Union (EU) in 1972. During 1990, the European Court of Justice decided case of R v. Secretary of State for Transport. Ex parte. Factortame Ltd. ²

The fact of this case was that the applicants were Spanish fishing boats owners holding Spanish directorships. “They had succeeded in establishing before the UK courts and the European Court of Justice that the 1988 Act which precluded those who did not meet its criteria from registering to fish was illegal and that the UK had breached Community law.” ³

In this case, the ECJ ruled that the EU laws could overturn the British laws should be think it necessary to do so, in line with ECJ decision in Costa v. Ewel.

In this case, an Italian citizen challenged a bill made by an energy company, contesting the very existence of the company itself. The ECJ in this case rule, that the final decision as to the company’s validity or not would undermine national constitution laws. “For a member state to give priority to any feature of national law, however fundamental, would go against the very purpose of the Community.” ⁴

Bill of Rights

The first major aspect that needs to be seen is with regard to the proposed Bill of Rights which seeks to replace the Human Rights Act 1998. However, it has been clarified that this Bill of Rights would be in consonance with the European Convention of Human Rights (ECHR).

“A Bill of Rights is a list of basic rights that everyone in the state is entitled to enjoy.” ⁵ Under normal situations only public agencies are covered by these rights, whereas in certain cases, it is also posses to encompass private institutions. In as far as private individuals are concerned, they make seek remedies in local courts for alleged infringements of rights or take up the matter with local organizations.

In the case of Northern Ireland, the Human Rights Commission is carefully scrutinizing the need and validity of having such a bill to protect the interests and security of the people of Northern Ireland and the Government is considering the recommendations of the Commission and hopes to come out with a decision on this aspect by late 2009.

Written Constitution

The second aspect would be with regard to having a Written Constitution. It is seen that till now the United Kingdom does not have a written constitution. One of the main aspects of a codified, entrenched Constitution is that it forms the highest basis and standards of law, is recognizable and Courts could, at its discretion, uphold genuine rights and also reject laws passed by elected assemblies as ‘unconstitutional’ through the process of ‘judicial review.’ ⁶

Bifurcation of Scotland

The next aspect that UK Constitution needs to consider is suzerainty being accorded to Scotland and the apparent division of United Kingdom. ”Most obvious is the growing support within Scotland for independence. Opinion polls show more Scots favour independence than oppose it — and recent ones have shown outright if narrow majorities (52 percent) for full independence.“ ⁷(Sullivan). In the absence of a written constitution, power remains centralized in the Westminster seat of administration. “In addition, no truly federal arrangement can be established within the United Kingdom while the Westminster Parliament remains supreme: it currently retains the right to revoke power recently devolved to Northern Ireland, Scotland and Wales.” ⁸

New Supreme Court

Next to be considered would be in terms of the establishment of a new Supreme Court, which was due to become operationalized. For this purpose, a meeting was held during November 2008 during which “Lord Phillips of Worth Matravers commented that ‘the conference provided an opportunity for those who were interested to learn about and contribute to the preparations for the UK Supreme Court. I am keen that we should use the creation of the Court to help explain the operation of the UK constitution and UK legal systems to a wide range of people and I appreciated hearing people’s views at the event.’“ ⁹

It is believed that the political situation in the United Kingdom is in urgent need of constitutional reforms not only to protect the basic and fundamental rights of its citizens but also to allow empower the judiciary system to mete justice and equity. It is for this reason that the creation of Equality and Human Rights Commission 2007 has been received with wide acclaim and contentment.

According to this body, the main objective would be the tackling of disability, and the equality and human rights commission that is now a single window procedure, and a provider for expert advice received from “equality and human rights experts.” This could also serve as a forum for private individuals, businessmen and people for other sectors to interact, share views and opinions. It could be seen in the context of eliminating the need for long drawn and expensive litigative processes, by fostering equity among people of different kinds, help fight against discrimination of whatever type, or origin, including the need to set up a potent “national body” to fight against menace of age discrimination which may be viewed as a major threat for older people in their daily lives. ¹⁰

Conclusions

The aspect of constitution law of UK is wreathed with complexities, especially because it is constantly changing and evolving to suit current requirements. So it is also necessary that while the basic framework remains intact, there are needs for demanding amendments and additions of new provisions, in tune with changing times, need to be carried out by the Government in consultations with and the approval of appropriate body of individual, organisations and institutions.

Works Cited

Beckman, James. The United Kingdom. Comparative Legal Approaches to Homeland and Anti Terrorism. 2007. Web.

Constitutions and British Democracy: Codified Constitutions. EDEXEL British Government and Politics Unit2. 2009. Web.

Costa V Enel (1964). The K-Zone: Wasting Your Internet Bandwidth Since 1994. Web.

Disabled People: Why a Single Commission. Directgov. 2004. Web.

McEven, Nicola. The UK Constitution: Royal Role. BBC Home. 2003. Web.

Miller, Bradley., and Dingle, Lesley. Features UK Constitutional Reform: Present Constitution. LLRX. 2004. Web.

Protecting and Promoting Your Rights: Background to a Bill of Rights. Northern Ireland Human Rights Commission. 2009. Web.

Regina v Secretary of State fro Transport, Ex Parte Factortame Ltd and Others: Abstract. 1997. Web.

Sullivan, John O. Will Scotland Break Up in the UK. Hudson Institute. 2007. Web.

United Kingdom Supreme Court Conference. Ministry of Justice. 2008. Web.

Footnotes

1. McEven, Nicola. The UK Constitution: Royal Role. BBC Home. 2003.
2. Beckman, James. The United Kingdom. Comparative Legal Approaches to Homeland and Anti Terrorism. 2007.
3. Regina v Secretary of State fro Transport, Ex Parte Factortame Ltd and Others: Abstract. 1997.
4. Costa V Enel (1964). The K-Zone: Wasting Your Internet Bandwidth Since 1994.
5. Protecting and Promoting Your Rights: Background to a Bill of Rights. Northern Ireland Human Rights Commission. 2009.
6. Constitutions and British Democracy: Codified Constitutions. EDEXEL British Government and Politics Unit2. 2009.
7. Sullivan, John O. Will Scotland Break Up in the UK. Hudson Institute. 2007.
8. Miller, Bradley., and Dingle, Lesley. Features UK Constitutional Reform: Present Constitution. LLRX. 2004.
9. The United Kingdom Supreme Court Conference. Ministry of Justice. 2008.
10. Disabled People: Why a Single Commission. Directgov. 2004.