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Topic: British constitutional law


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Law

  
  Constitutional law - Wikipedia, the free encyclopedia
Constitutional law is the study of foundational laws that govern the scope of powers and authority of various bodies in relation to the creation and execution of other laws by a government.
Not all nation-states have constitutions, though all such states have a jus commune, or law of the land, that may consist of a variety of imperative and consensual rules, that may be customary law, oral law and written law that apply in the various jurisdictions of such state.
The constitutional law may be a matter of interpreting a variety of text which may also be informed by history, custom and unwritten constitutional conventions.
en.wikipedia.org /wiki/Constitutional_law   (360 words)

  
 Constitutional monarchy - Encyclopedia.WorldSearch   (Site not responding. Last check: 2007-11-06)
Modern constitutional monarchies usually implement the concept of trias politica, and have the monarch as the (symbolic) head of the executive branch.
Today, constitutional monarchy is almost always combined with representative democracy, and represents theories of sovereignty which place sovereignty in the hands of the people, and those that see a role for tradition in the theory of government.
There have been monarchies which have coexisted with constitutions which were fascist (or quasi-fascist), as was the case in Italy, Japan and Spain, or those in which the government is run as a military dictatorship, as was the case in Thailand.
encyclopedia.worldsearch.com /constitutional_monarchy.htm   (264 words)

  
 Constitutional law   (Site not responding. Last check: 2007-11-06)
Constitutional law is the study of foundational laws that govern thescope of powers and authority of various bodies in relation to the creation and execution of other laws by a government.
Not allnation-states have constitutions, though all such states have a jus commune,or law of the land, that may consist of a variety of imperative and consensual rules, that may be customary law, oral law and written law that apply in the various jurisdictions of such state.
Constitutional laws may also be of a unitarytype (see: unitary state) where the powers of government rest in onecentral administration and legislature, though in unitary constitutional states, they is often a delegation of power or authorityto local or municipal authorities, however the central legislature retainsthe right to recall its authority at anytime.
www.therfcc.org /constitutional-law-305.html   (518 words)

  
 Constitution of Australia - Wikipedia, the free encyclopedia   (Site not responding. Last check: 2007-11-06)
The text of the Constitution was originally a schedule to the Commonwealth of Australia Constitution Act 1900 (in full, An Act to constitute the Commonwealth of Australia), an Act of the Parliament of the United Kingdom.
The Constitution provided the new system of government for the new federation, the Commonwealth of Australia, which consisted at its inception on January 1, 1901 of the former separate colonies of New South Wales, Queensland, South Australia, Tasmania, Victoria and Western Australia.
But a number of references in the Constitution make it clear that the authors assumed that the Queen of the United Kingdom, as head of the British Empire, would stand at the head of Australia's constitutional system, although her powers are delegated by the Constitution to the Governor-General of Australia as her representative.
www.hackettstown.us /project/wikipedia/index.php/Constitution_of_Australia   (1843 words)

  
 Law of the United Kingdom - Wikipedia, the free encyclopedia   (Site not responding. Last check: 2007-11-06)
The law of the United Kingdom consists of several independent legal systems which use common law principles, civil law principles, or both.
England, Wales and Northern Ireland use the common law system, while Scotland uses a hybrid system which combines elements from the common law and the civil law system.
The Ecclesiastical courts and the Admiralty courts use civil law.
www.bexley.us /project/wikipedia/index.php/Law_of_the_United_Kingdom   (136 words)

  
 ALIEN - LoveToKnow Article on ALIEN
English law, save with the special exceptions mentioned, admits to the character of subjects all who are born within' the king's allegiance, that is, speaking generally, within the British dominions.
In the celebrated question of the post-nati in the reign of James I. of England, it was found, after solemn trial, that natives of Scotland born before the union of the crowns were aliens in England, but that, since allegiance is to the person of the king, those born subsequently were English subjects.
A child born abroad, whose father or whose grandfather on the father's side was a British subject, may claim the same character unless at the time of his birth his father was an attainted traitor, or in the service of a state engaged in war against the British empire (4th Geo.
www.1911encyclopedia.org /A/AL/ALIEN.htm   (471 words)

  
 wikien.info: Main_Page   (Site not responding. Last check: 2007-11-06)
In particular, the formal constitution often confers wide discretationary powers to the head of state which in practice are used only on the advice of the head of government.
Constitutional conventions differ from formal constitutional amendments in that they are created over time, and it may be difficult or impossible to identify when a constitutional convention has come into effect or sometimes even what the constitutional conventions are.
While Britain does not have a written constitution that is a single document, the collection of legal instruments that have developed into a body of law known as constitutional law has existed for hundreds of years.
www.alanaditescili.net /index.php?title=Constitutional_convention   (1451 words)

  
 Learn more about Constitutional law in the online encyclopedia.   (Site not responding. Last check: 2007-11-06)
Most commonly constitutional law is the law of these foundational laws, customs, and constitutional conventions in regard to nation-states.
Constitutional laws may often be considered second order rulemaking or rules about making rules.
Generally speaking constitutions may be of a federal type (see: federal state), in which several levels of government coexist with exclusive or shared areas of jurisdiction over lawmaking, application and enforcement.
www.onlineencyclopedia.org /c/co/constitutional_law.html   (390 words)

  
 Florida Constitutional Law
Constitutional law is a broad and complex area of legal specialization.
In constitutional law, more than in any other area of law, there is a great deal of interpretation of the original documents.
While the relationship among the three federal branches and between the federal government and the states is interesting and important, the most relevant aspect of constitutional law for the consumer is the rights guaranteed to all citizens by the amendments to the Constitution.
www.weblocator.com /attorney/fl/law/constit.html   (1634 words)

  
 Separation of powers - Wikipedia, the free encyclopedia   (Site not responding. Last check: 2007-11-06)
Famously, the framers of the United States Constitution are said to have taken the best of many concepts including the then-new concept of the separation of powers in drafting the constitution.
Parliamentary sovereignty is the concept in British constitutional law that a parliament has ultimate authority over all affairs of government, including the monarch and the courts.
In the British system, however, there is a considerable amount of de facto independence among agents exercising various functions, and Parliament is limited by various legal instruments, international treaties and constitutional conventions.
www.newlenox.us /project/wikipedia/index.php/Separation_of_powers   (1962 words)

  
 Constitutional Law
THE BRITISH SYSTEM It has often been said that in the United States the Constitution is what the Supreme Court says it is. In Great Britain, however, the Constitution is what Parliament says it is. The British Constitution is not a single document as is the case in the United States.
The law was the Judiciary Act of 1789, specifically Section 13, which stated that the court could issue writs to persons holding office under the authority of the United States.
Behind Marshall's reasoning was a conviction that he held to in all of his later rulings: since the Constitution is the supreme law of the land, and since it is the duty of the Supreme Court to uphold the law, two things clearly follow.
www.lectlaw.com /files/con08.htm   (1664 words)

  
 Kids.net.au - Encyclopedia British politics -
The constitution is largely unwritten, being made up of constitutional conventions, and various elements of statutory law and common law which are collectively referred to as British constitutional law.
This contrasts with a federal system, in which sub-parliaments or state parliaments and assemblies have a clearly defined constitutional right to exist and a right to exercise certain constitutionally guaranteed and defined functions and cannot be unilaterally abolished by Acts of the central parliament.
In the 20th century the Labour Party was established, leading to the demise of the Whigs as the liberal force in British Politics.
www.kids.net.au /encyclopedia-wiki/br/British_politics   (3097 words)

  
 - Research Note - The Sources Of Constitutional Law
The principle of constitutional dialogue imbues each institution with a sense of respect for the work of the other on the understanding that both institutions, fulfilling their separate constitutional mandates, are engaged in a process of imbuing reason and justice into the marketplace of public expectations (see Vriend v.
Constitutional theory, constitutional principle, constitutional law: the progressive hardening of one into the other takes place in the daily work of a nation's political institutions, especially under conditions of stress.
Constitutional law endows the State's institutions with political power, specifies the procedures through which political power may be exercised and provides for limits to official uses of power.
www.constitutional-law.net /divisionsample.html   (2402 words)

  
 [No title]
This tends to lead the Canadian political system far from the British model, where the Parliament is the ultime arbitre for public interest, and to bring it closer to the American system, where several so-called "choices of society" are bound to the judicial power.
Canadian Constitutional law is has often been considered as a model for countries like Australia in the elaboration of their own constitution.
Actually this is the enhancement of the principles of the 1867 constitutional Act whose section 133 claimed the equality of French and English languages and, I quote, the fact that "the Acts of Parliament of Canada and of the legislation of Quebec shall be printed and published in both languages".
www.chez.com /bibelec/publications/droit/canada.html   (2009 words)

  
 British constitutional law - Wikipedia, the free encyclopedia
It has been suggested that this article or section be merged into Constitution of the United Kingdom.
While it is said that United Kingdom's constitution is unwritten, it is, in fact, partly made up of many documents including such well known texts as the Magna Carta, the Bill of Rights, the Statute of Westminster 1931 and the various Acts of Union (1536-1543, 1707 and 1800).
Also, much of British constitutional law relies upon the royal prerogatives, unwritten constitutional conventions and other customs; thus the constitutional law of the United Kingdom and countries that were once part of the British Empire may have to be understood in the context of case law that throws perspective on these many elements.
en.wikipedia.org /wiki/British_constitutional_law   (188 words)

  
 E Law: Sovereignty in British Legal Doctrine - Text
From the laws approved by the king and his Curia would be born the so-called statute law and the common law.
It links and compels all nations and at all times; no human law is valid if it contradicts it; and the validity, strength and authority of human laws derive, directly or indirectly from the natural law[154] A thesis that is completely irreconcilable with his rotund affirmation of parliamentary sovereignty.
Blackstone observed that the judges were the repositories of the law, the living oracles that must decide in all doubtful cases and who are obliged by oath to resolve in accordance with the law of the land.
www.murdoch.edu.au /elaw/issues/v6n3/suanzes63_text.html   (8943 words)

  
 University of Wales Swansea Department of Law   (Site not responding. Last check: 2007-11-06)
The major themes of British Constitutional Law and theory are then explained including the concept of parliamentary supremacy, the rule of law, the impact of EU law on the British legal order and the protection afforded to individual human rights.
EU Law: As an area now affecting British society and the legal system on a daily basis, a sound knowledge of the fundamentals of EU law is an essential core requirement for all aspiring lawyers.
Law of Tort: The Law of Tort is a branch of the civil law which provides possible remedies for the protection of a person’s interests in relation to different forms of loss which may be experienced as a result of different types of incident.
www.swan.ac.uk /law/undergraduate/llb_joint_hons/llb_joint_hons.htm   (606 words)

  
 Ein Informationsmagazin aus Deutschland von Rechtsanwalt Ralf Möbius, German attorney at law   (Site not responding. Last check: 2007-11-06)
The other House in the British Parliament is the non-elected House of Lords, which is normally a chamber of discussion and revision of proposals and not a rival to the Commons.
The law also protects performers against the trading in unauthorized recordings of live performance, the term of protection being 50 years from the year in which the performance is given.
The law is divided into criminal law and civil law; the latter regulates the conduct of people in ordinary relations with one another.
www.rechtskraft.com /rechtsanwalt/attorney/uk.htm   (8892 words)

  
 Dicey, Albert Venn --  Encyclopædia Britannica
British jurist whose Lectures Introductory to the Study of the Law of the Constitution (1885) is considered part of the British constitution, which is an amalgam of several written and unwritten authorities.
For this treatise, which is noted for its application of legal positivism to the study of British constitutional law, he drew on his knowledge of constitutionalism in...
The country's head of state is the reigning king or queen, and the head of government is the prime minister, who is the leader of the majority political party in the House of Commons.
www.britannica.com /eb/article-9030328?tocId=9030328&query=null&ct=null   (833 words)

  
 Law - Oxford University Press - Introduction to Constitutional Law: Barendt   (Site not responding. Last check: 2007-11-06)
In a welcome addition ot the constitutional law and political sciences libraries, Barendt's IAn Introduction to Constitutional LawI provides a critical overview of the principles and structure of the United Kingdom constitution.
It emphasizes the principal characteristics of this uncodified constitution, contrasting it with the documentary constitutions of the United States, France, and Germany.
The book offers a succinct and up to date account of British constitutional law and will be the ideal introduction for all students studying the subject whether as part of a law of politics degree.
www.oup.co.uk /isbn/0-19-876254-2?view=lawview   (561 words)

  
 Center for Global Education | England & Scotland   (Site not responding. Last check: 2007-11-06)
She is a Senior Research Fellow in Public and EC Law at Worcester College of the University of Oxford.
Previously, she was Lecturer in European Law at the Law School, Trinity College Dublin, where she taught EU law.
She has published extensively on EU equality, immigration and constitutional law, a nd has co-edited a major volume on the new equality directives of the EU.
www.gmu.edu /departments/cge/summer/cgeprelaw.html   (2085 words)

  
 Studies in Constitutional Law
The existence of a banking system, trust law and tax system which is recognised as the characteristic of a particular territory may have once been enough, but in the current political climate some wider knowledge of the law affecting nations is required.
This book, although not directly concerned with trusts, will indirectly enlarge appreciation of that law and where so much of the law of trusts has depended for its origins, and continues to depend upon the law of the United Kingdom, illustrates the nature of the system from which that law is derived.
In Constitutional Law there is much in common with ancient origins of trusts in that it is adaptable and complex but which somehow rises to the occasion.
www.trusts-and-trustees.com /book_review/studies.html   (651 words)

  
 Shannen W. Coffin on DOMA on National Review Online
Because federal bankruptcy law, as defined by DOMA, permits bankruptcy filings only by opposite-sex married couples, the bankruptcy court issued an order late last year telling the Kandus that their joint filing would be dismissed unless they could adequately explain why it shouldn't be.
So the Kandus filed legal papers challenging the constitutionality of DOMA on a number of grounds, arguing that the law disregarded the rights of the states to define marriage and that it denied same-sex couples the benefits of marriage in violation of the equal-protection and due-process clauses of the U.S. Constitution.
While marriage itself is a fundamental right, he reasoned, nothing in the constitution — or even the many Supreme Court decisions expanding the breadth of the constitution — suggests that same-sex marriage is a fundamental right that is to be afforded heightened protection under the law.
www.nationalreview.com /coffin/coffin200408180844.asp   (1044 words)

  
 Constitutional convention   (Site not responding. Last check: 2007-11-06)
Constitutional conventions differ from formal constitutional amendmentconstitutional amendments/ in that they are created over time, and it may be difficult or impossible to identify when a constitutional convention has come into effect or sometimes even what the constitutional conventions are.
Constitutional convention Constitutional Conventions in the United Kingdom
The public furor over the legislative pay increase and the conduct of lawmakers and other agencies of the commonwealth cannot be put to rest without a constitutional convention to address the underlying causes of an out-of-control and dysfunctional government.
www.infothis.com /find/Constitutional_convention   (1785 words)

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