These laws carry with them the power and authority of the enactor, and associated penalties for failure or refusal to obey. Law derives its legitimacy ultimately from universally accepted principles such as the essential justness of the rules, or the sovereign power of a parliament to enact them. Law is a description of a direct link between cause and effect of a phenomenon deduced from experiments and or observations. Law is a binding custom or practice of a community. Law is a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority.
The concept of judicial independence a fundamental important in United Kingdom legal system. The concept is enshrined in Act of Settlement !701. Not only does the judicial independence form an element in the concept of the separation of power and rule of law, but also it ensure two other powers apart from Judiciary fully comply with the constitution and the law. To begin with, the concept also emphasizes the safeguards for judicial independence. It is crucial the judge is independent and impartial.
Common Law system Vs. Civil Law system The civil law system and the common law system are indeed two diverse legal systems. Most countries nowadays go with one of the two main legal structures: common law or civil law . Before starting the comparison of those two major legal system, we need to know what is law and why is it important to us. Law has many diverse definitions, but they are all based on the same perception which is the comprehension of enforceable guidelines that guides the relationship between people themselves and between people and society they live in. Law is important to us because it simply tells us what are our roles and obligations toward our society and other individuals .
It must be for a proven breach of the established law of the land »6 In addition it exists an act called the Act of Parliament, which requires legal regulators to support the constitutional principle of the rule of law. Lord Hope also said «The rule of law enforced by the courts is the ultimate controlling factor on which our constitution is based»7 The rule of law is therefore prevalent in our legal
The making of domestic law is exceptionally different than international law. Each country has a constitution setting out the rules and rights of the people. For the purposes of this essay I will focus on the legislative process here in Ireland, which is the domestic law. “The Constitution is the basic law of the land. It outlines the structure of Government and enumerates the rights of individuals” (Revenue Commissioners, 2007).
Conventions are non-legal rules that impose obligations upon those that operate the constitution. In essence they are guidelines that dictate constitutional behaviour and prescribe ways in which things ought to be done. Conventions can be found in constitutions both written and unwritten but it is within the framework of the unwritten constitution, such as that found in the United Kingdom, that constitutional conventions become extremely important. While conventions are non-legal rules that are not enforceable by a court of law, they nevertheless play an intricate role in the proper and cohesive functioning of any constitution. The constitution of a country is a living, breathing organism, one that evolves with each generation and the assumption of power by new governments.
In addition, Since the Constitution is so short, so old along these lines hard to change, for it to be serious to contemporary society it obliges understanding by the courts and at last it is the Supreme Court which figures out what the Constitution implies. There are altogether different methodologies to the understanding of the Constitution with the two primary strands of thought being known as originalism and the Living Constitution. Originalism is a guideline of translation that tries to find the first importance or expectation of the constitution. It is focused around the standard that the legal shouldn't make, alter or annulment laws yet just to maintain them. This approach has a tendency to be underpinned by progressives.
Constitution is necessary for the coordinating of a state as it involves the fundamental rules and regulations in which a state exists . However the Britain constitution involves a written foundation such as the statutes. It is one of the few that is not written down in a single document . As an idea by Blick, it is due to the absence of a serious moment in the history, such as a revolution or an independence that has made Britain transformed the constitution to the level codifying it. However, two of the most important regulations of the Britain constitution are known because it is much based on Parliamentary Supremacy (means that Parliament can, if it chooses, legislate contrary to the fundamental principles of human rights) and the division of powers (meaning that Parliament, as opposed to a written constitution, it is the highest source of law in the United kingdom and that the executive, the legislature and the judiciary powers would be divided among themselves.
First Importance of Freedom of Speech and Expression is the protection of democratic government. This freedom is essential for the proper functioning of the democratic process. The freedom of speech and expression is regarded as the first condition of liberty. Second importance of free speech as a basic and valuable feature of society cannot be underestimated. Freedom of speech serves a number of functions.
A healthy democracy is sustained by informing and making aware the citizens of conflicting and differing points of view and any inroads into the freedom of speech and expression, and any rules made in the form of imposing curbs thereon would violate Article 19(1)(a) of the Constitution. Such are not saved by Article 19(2)9 of the Constitution. Freedom of speech is an essential feature of any genuine Democracy. The right of freedom of expression is crucial in a democracy, information ideas help to inform political debate and are essential to public accountability and transparency in government, for a democratic system to function, people have to be able to form their own ideas. One must be able to receive many different ideas and information, reflecting many different perspectives, before being able to see the truth.