Constitutional law expert, Dr. Abdul Aziz Bari states that the doctrine of ministerial responsibility is important as it stands at the very heart of the cabinet system. It is the doctrine that keeps the cabinet together so as to make it easier for the Parliament to make the government of the day accountable as the people’s representatives. 2.0 Doctrine of Ministerial Responsibility The doctrine of ministerial responsibility consists of two fundamental pillars, which is the collective ministerial responsibility and the individual ministerial responsibility. 2.1 Individual Ministerial
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.
From the logical starting point of American constitutionalism, the concept of people's sovereignty is an important cornerstone of American constitutional system design. From the feudal system autocracy to the practice of democratic constitutionalism, the key lies in the ownership of national sovereignty. From the logical point of view, the criticism of individual monarchy and sovereignty in the concept of the king must be derived from the logic of sovereignty in the people, that is, people's sovereignty. The idea of the people's sovereignty advocates that the power of the government derives from the grant of the people, and the government has the power to protect the vital lives of citizens, life and freedom. We have come to the source of righteousness, and there is a basic discourse on the doctrine of sovereignty in the Aristotelian era and the Roman law.
The power to enact legislation is given to the national legislature by the constitution. Judicial functions are carried out by the national courts. Thus, at this instant this essay will focus on the statement; “Judges are not political; they are neutral umpires”. This statement will be discussed with reference to the UK processes of legal reasoning and compare that with Fiji. To begin with, judges have numerous roles.
A. Object and Scope of the Study of Constitutional Law Constitutional Law in this concept more emphasis on objects which are the subject of studies in Constitutional Law itself. In connection with the definition of the Constitutional Law on the corner of the object of this study Van Vollenhoven (Netherlands) in his book "Staatrecht Over Zee" states: Constitutional Law is the law that governs all people, law-top to bottom, which in turn determines the area neighborhood people, determine ruling bodies, authorities and functions within the legal community. While Paul Scholten (Netherlands), in his book "Staatrecht, Algement Deel", defines that the Constitutional Law is a law that regulates the state organization or organizations of a country.
Parliamentary sovereignty, the philosophy of the Parliament being the supreme legal authority in the UK, which can create or abolish any law, is commonly considered to be the defining principle of the British ‘Constitution’. Other core principles of the British Constitution are often believed to incorporate the rule of law, the separation of government, and the existence of a unitary state, meaning ultimate power is held by ‘the center’ – the sovereign Westminster Parliament. However, some of these principles are to an extent fictional. The separation of powers is not fully distinguished between all three branches, and the Parliamentary sovereignty may have been challenged given the joint impact of the European Union, devolution, the Courts, and human
Johor was the first state to have a written constitution by Sultan Abu Bakar. Each State Constitution is required under Article 71(4) of the Federal Constitution to contain the so-called ‘essential provisions’ set out in the Eight Schedule, for harmonious integration with the Federal Constitution. If a State Constitution does not contain these provisions, Parliament ensured not only compliance of State Constitutions with the Federal Constitution, but also uniformity in the State Constitutions concerning the structure of
The term parliamentary privilege is used in Constitutional writings to denote both these types of rights and immunities. Sir Thomas Erskine May has defined the expression Parliamentary privileges as follows: The sum of the peculiar rights enjoyed by each house collectively is a constituent part of the High Court of Parliament, and by members of each house of parliament individually, without which they cannot discharge their functions, and which exceed those possessed by other bodies or individuals. Parliamentary Privileges Article 105 of Constitution of India defines parliamentary privileges of both Houses of Parliament and of their members and committees. Article 194, which is an exact reproduction of Article 105, deals with the State Legislatures and their members and committees. To enable Parliament to discharge functions properly the Constitution confers on each member of the Houses certain rights and immunities and also certain rights and immunities and powers on each house collectively.
It referenced the bill of right 1689 enacted by the supremacy of parliament over the monarch. It listed a number of fundamentals rights and liberties. An entrenched bill of right cannot be repealed or modified by the country’s legislature through a normal procedure. It requires a referendum or supermajority varying from different countries. In the constitution, it stipulates clearly the process to be involved in the exercise.
In the South African Constitutional dispensation , the judiciary is an independent branch of government. Chapter 8 of the Constitution of the Republic of South Africa provides for the structure of the judiciary and also makes provisions for it’s independence. The state is required to assist and protect the independence , impartiality , dignity , accessibility and effectiveness of South African courts. In this assignment , I will attempt to review the importance of judicial independence as guaranteed in s 165 of the Constitution , the doctrine of separation of powers and the importance of the rule of law. Furthermore , I will show that there exists a definite relationship between the three concepts.