A Brief Description of The Characteristics, Sources, and Principles of The British Constitution
by The characteristics, sources, and principles of the British Constitution are well-connected to the old concept of the rule of law, as well as ancient and more modern institutions.
The Human Rights Act 1998 increased the power of the courts to make legal decisions instead of the Home Secretary using the royal prerogative, for instance for judges to set the maximum term for jail sentences. The Human Rights Act 1998 also made it easier for people to question the decisions of government departments that have adversely affected their lives. Being able to hold the government and its various departments into account is certainly a reflection of core values that mean the British state is abiding by the rule of law. Other legislation such as the Data Protection and the Freedom of Information Act are intended to improve the rights of citizens whilst making the government, officials, and departments more accountable for their actions.
To conclude today’s British state does to some extent reflect the concept of the rule of law as the government is democratically elected, yet can have its actions scrutinised by Parliament, the media, and the European Convention of Human Rights. The introduction of devolution in Scotland and Wales has made the British state more responsive to the wishes of its component countries and their populations, whilst increasing the risks of the United Kingdom dissolving in the future. The Human Rights Act 1998 is also a reflection of the core values being reflected as the rule of law. However, despite membership of the European Union and the change linked with the Human Rights Act 1998 the British government and its ministers can still wield considerable influence and power.
Thus to conclude the combination of an unwritten constitution and the use of the royal prerogative has allowed the British state to bypass the democratic process through the use of dubious though not illegal means whenever it suited British governments to do so.
The principles of the rule of law and Parliamentary Sovereignty remain despite membership of the European Union and the legal alterations connected to the Human Rights Act 1998 the British government and its ministers can still wield considerable influence and power.
Bibliography
Alder J, (2007) Constitutional and Administrative Law, 6th edition, Palgrave, London
Breyer S, (2008) Active Liberty, Oxford University Press, Oxford
Coxall B, Robins L & Leach R (2003) Contemporary British Politics 4th edition, Palgrave, London
Eatwell R & Wright A, (2003) Contemporary Political Ideologies 2nd Edition, Continuum, London
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