Abstract
This paper examines the separation of powers as they exist within the "unwritten" British Constitution. Specifically, the paper looks at how British governments cannot simply do as they wish, but rather must propose laws into existence with the support of parliament. The paper concludes by stating that the British Constitution is firmly based upon the notion that Parliament makes the laws and the Judiciary interprets the laws promulgated by the former.

From the Paper
"The following paper will look at the separation of powers as these exist within the "unwritten" British Constitution. Specifically, the paper will look at how British governments cannot simply do as they wish; rather, while they may administer statutes and programs, any legislative agenda they propose can only pass into existence with the support of parliament; in short, government might is constrained by parliamentary sovereignty. As well, case law in the United Kingdom has made it clear - at least recently - that Acts of Parliament can be classed "unconstitutional" via judicial review. Presumably, the judiciary is, in turn, constrained by the

Tags:separation, powers, constitution

Abstract
The paper studies the separation of powers and the common law of the United Kingdom by looking at the rule of law as articulated in British case law and by discussing the division of rights and responsibilities between the legislative branch of government, the judicial branch of government and the executive branch of government. The paper then explores the broad concept of parliamentary supremacy. The paper shows clearly how a separation of powers exists within the British constitution.

From the Paper
"As mentioned above, the government of the United Kingdom is constrained by the fact that it must rely upon the will of Parliament for the passage of its legislative agenda and that all of it's (and, by extension, Parliament's) legislation and activity must conform to the dictates set forth by judicial review. Furthermore, the government does not have wide discretionary powers: the informal constitution of the United Kingdom, since at least Entick v. Carrington (1765) has often (but not always) made it clear that governments cannot do various things - like search peoples' homes - if there is no law authorizing such activity. The common law uncertainty indicated in the last sentence deserves some elaboration; to wit, the courts have sometimes been unenthusiastic about being called upon to keep the government within its legal bounds. A good example of this is Malone v. Metropolitan Police Commissioner (1979) where it was decided that wire-tapping was permissible in one instance even though no law existed authorizing wire-tapping."

Tags:Parliament, judiciary, legislative, executive, government, courts, sovereignty

Abstract
This essay reviews the British constitution and the development of the twin pillars of the the government, the legislature and the judiciary. It also examines the separation of powers between them. Additionally, the paper explores case law where sometime the powers of one branch were usurped by the other. It also reviews the history of the development of the largely unwritten British constitution.

From the Paper
"The separation of powers is the theory of government where "one branch [of government] is not permitted to encroach on the domain of another." (Black p. 1225) "It cannot be too strongly emphasized that the British constitution, though largely unwritten, is firmly based upon the separation of powers; Parliament makes the laws, the judiciary interpret them." (Duport Steels Ltd v Sirs (1980) 1 WLR 142) Lord Diplock is often quoted when defending the Parliamentary sovereignty and the judiciary. The "twin pillars" concept of a law maker and law interpreter is explored in detail by A. V. Dickey in is 1885 work An Introduction to the Study of the..."

Tags:parliament, judiciary, constituion

Abstract
This paper looks at British political history and why in Britain there has not been a revolution like that of France or Russia. The author discusses how there have been threats of revolutions in Britain, but they did not deflect the main current of political development. The writer shows how the gradual and continuous political development in Britain was not only devoid of civil commotion,but also influenced the politics of countless other countries all over the world.

From the Paper
"Until the Middle Ages, Britain was a feudal kingdom that gradually transformed into a strong centralized monarchy. The monarchy came into its own in the middle ages and the monarchs felt secure enough in their position to seek the advice of their subjects in matters of the state. This resulted in the formation of the great councils that initially consisted of members of the nobility and church leaders. In the meetings of the great councils, the monarchs sought advice, exchanged information, and gathered petitions. (Kishlansky). These councils were the precursor of the present day parliament in Britain, the all-powerful legislative and executive body."

Tags:revolution, UK

Abstract
When determining the true roots of the United States' Constitution, the paper shows that this great document is a conglomerate of Greek, French, and English political ideologies. First, the very heart of democracy lies with the ancient Athenians and their city-state, or polis, where all citizens were individuals and could express their thoughts and opinions freely. Second, the paper shows that, through the ideals of Montesquieu, the Constitution reflects the French face of democracy and obviously serves as the very bedrock for the document. Finally, the paper shows that the English Constitution bears some responsibility for the formation of its American counterpart, due to the opinions of Carter Braxton (1736-1797), a wealthy planter, Continental Congress delegate ,and signer of the Declaration of Independence, who argued that "the best way to preserve liberty and stability would be to model the new government after the British Constitution", which fortunately did not occur, and thus allowed the "Founding Fathers" to employ their own principles as they evolved from the minds and works of those that came before them.

From the Paper
"But one of the most influential aspects of Athenian democracy which was later incorporated into the American Constitution was the idea of majority rule which symbolizes the principle that the interest of the group must prevail over that of the individual citizen when the freedom of the group and the freedom of the individual come into conflict. Thus, the Athenians assumed that the right way to protect democracy was always to trust the majority vote of free-born, adult male citizens without any restrictions on a man's ability to say what he thought was best for his country and for democracy. And much like the political ideals associated with the "Founding Fathers" such as Thomas Jefferson and James Madison, majority rule rested on the belief that the cumulative political wisdom of the majority of voters would always outweigh the voices of the minority, especially when such minorities exhibited certain eccentricities and irresponsible acts which on the whole might upset the democratic system."

Tags:James, Madison, Spirit, of, Laws, Aristotle, John, Locke

Abstract
This paper explains the writings of French political activist Montesquieu and of English jurist William Blackstone that developed the idea of the three-fold division of government with separation of powers to safeguard the rights and liberty of the individual. Next, the author relates the duties and laws governing the British authorities of the Royal Crown, Primer Minister, British Parliament, Privy Council, Supreme Court and Cabinet Ministers, all of whom hold some degree of power but not absolute power. The paper concludes that the British Constitution defines a political system that provides transparency, equity and balance, which not only separates the executive, legislative and judicial power but also gives a great degree of the stability.

From the Paper
"Another important source that holds power is the judicial system of Britain. This system has gone through many changes to make it transparent and to make sure that it also displays the same degree of separation of power as the other important institutions of the UK. Peter Fitzgerald states that, in 2003, it was decided that a new supreme court would replace the old system of Office of Lord Chancellor. These changes were aimed at separating the judiciary in the United Kingdom from executives and legislative powers. This would channel a safe distribution of power in different institution of the United Kingdom."

Tags:law-making law-enforcing law-adjudicating, royal prerogative, stability

Abstract
The paper provides the background of the British control of Canada that began with the Treaty of Paris, and then looks at the British attempts to govern their newfound colonies. The paper discusses the Proclamation of 1763, the Quebec Act of 1774, the Constitution Act of 1791, and finally, the Act of Union in 1840. The paper shows that the successes of these four attempts are debatable, but they eventually culminated into the creation of the British North American Act (BNA) of 1867, which served as the basis for the government of Canada over the next 100 years.

Outline:
The Proclamation of 1763
The Quebec Act of 1774
The Constitutional Act of 1791
The 1840 Act of Union
British North America Act

From the Paper
"Thus, the Quebec Act of 1774 was passed, ensuring that Quebec received distinctive treatment and, more importantly, saw a reversal of the earlier provisions outlined in the assimilationist ideology of the Proclamation. The Act "extended Quebec's frontiers into the Ohio region" and allowed for freedom and use of the French language, customs and religion (Roman Catholic). It also granted them the right to use French civil laws, including the seigneurial tenure of land, and ensured the rights of the clergy to collect tithes. The success or failure of the Act is debateable: Some saw the Act as a victory for the rights and freedoms of French Canadians; while others argued that the Act "simply 'confirmed... what had already been conceded in practice.'" Although English merchants were pleased with the expansion of Quebec's boundaries, they were extremely displeased by Parliament's denial of their request for an elective assembly. The Clergy and seigneurs most likely saw the Act as a "veritable charter of French-Canadian rights as well as a vindication of their dominant role in society."

Tags:Proclamation, Quebec, Act, Constitution, Act, Act, of, Union, colonies, provinces, Quebec

Abstract
This paper shows how the shape of the American government as embodied in the U.S. Constitution was influenced by such factors as the colonial experience, the revolt against British rule, and the failure of the earlier Articles of Confederation. The paper also discusses how the ideas embodied in the Constitution had been taking shape for some time before any of these elements had come into being, changing the way many in the colonies thought about government in the late eighteenth century. It shows how the ideas expressed in the Constitution derived from European theorists such as John Locke, Thomas Hobbes, David Hume, and Jean-Jacques Rousseau, though the manner in which these ideas were adopted by the colonists was influenced by the various elements of the colonial experience.

From the Paper
"The Declaration of Independence was adopted in 1776 as a statement of the Second Continental Congress of the independence of the American colonies from British rule. Thomas Jefferson wrote the first draft, and ideas were then incorporated from John Adams and Benjamin Franklin. The document was adopted on July 4 and led to the success of the American Revolution. The document produced at the request of the Second Continental Congress expressed a number of political ideas than current in the colonies, ideas which had been expressed by others in a different form and which were now brought together by Jefferson in a final statement of independence from England."

Tags:locke, hobbes, hume, rousseau, colonial, revolt, british, confederation

Abstract
These essays discuss the parliamentary system in Britain which is characterized by the fusion of power, and the effectiveness of the Gaullist constitution of the French Fifth Republic.

Tags:british, parliamentary, system

Abstract
This paper examines the assertion that the British government has tried, in recent years, to introduce a kind of written constitution at the expense of parliamentary sovereignty. The paper defines a constitution and parliamentary sovereignty and shows why they are not compatible. The paper discusses the decisions of the British government and offers examples of legal cases to determine whether parliamentary sovereignty is indeed threatened. The paper includes descriptions of famous UK and EU cases.

From the Paper
"A written constitution seems indeed to be "the very antithesis" of Parliamentary Sovereignty in various aspects."
"Firstly, a written constitution is a constitution written in a single document. This formal document is a set of rules that defines the nation's fundamental political principles. It seeks to regulate the relationship between the institutions of the state - the executive, the legislative and the judiciary- and to define the relationship between the State and the individuals, establishing the powers and duties of the government and guaranteeing certain rights to the citizens. Most states in the world have a written constitution. The fact that it is coherent and easy to understand represents its most obvious advantage."

Tags:State, individuals, rights, judicial, review, statute, legislation