Monthly Archives: September 2018

Common Law – Why is it fundamental to the constitution?

JudgesCommon Law is an important source of the UK constitution. Common Law is otherwise known as ‘Judge made law’, it is the body of law that is made up from the precedents of previous court cases that have gone before. As a result of this, Common Law is evolutionary, it changes and develops changes through time as society evolves.

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How did Gerald Ford become the only unelected President in US History?

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Trump won the Presidency despite trailing Hillary Clinton by 2.8 Million in the Popular Vote.

It is not unusual for a President to win the election whilst not winning the votes of the majority of Americans. Five times in US History a candidate has won the electoral college vote without winning the popular vote, the latest being in November 2016 when Donald Trump won the Presidency despite securing 2.8 million votes less than Hillary Clinton.

However, it is unusual for someone to become President without winning an election at all. However, this is exactly what happened on August 9th 1974 when Gerald Ford became the 38th President of the United States without having ever contested a Presidential Election.

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Why is Statute Law the most important source of the UK Constitution?

Due to its uncodified nature, the UK constitution is made up of numerous sources. Some, like Works of Authority, are of lesser importance. However, Statute Law stands out as the most important source of the constitution. The reason for this is that Parliament is sovereign. Therefore, any law passed by Parliament (a Statute Law) takes precedence over all other sources of the constitution.

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What are the advantages of having a constitutional monarchy in the UK?

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The monarchy in Britain is an institution that divides opinion. To some people it is an antiquated institution that has no place in a twenty-first century democratic system. To others it is an essential symbol of continuity that provides a connection to Britain’s illustrious past. To some, it may simply be a beneficial tourist attraction, pulling in people from around the world to spend their money in Britain.

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What is Parliamentary Sovereignty and does it truly exist?

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A.V Dicey said Parliamentary Sovereignty meant Parliament could “make or unmake any law”

Along with the Rule of Law, AV Dicey called Parliamentary Sovereignty one of the ‘Twin Pillars of the the UK Constitution’. Parliamentary Sovereignty is the most important principle of the UK constitution – although its [meaning] has been increasingly questioned in recent years.

Sovereignty means ultimate power. Parliamentary Sovereignty means that in the United Kingdom’s representative political system, Parliament has the ultimate power.

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The Bill of Rights (1689) – What did it do?

The end of the seventeenth-century saw a period of dramatic change in British Politics that laid the foundations for the liberal democratic government that is still in place today.
In 1660 Britain’s short experiment with republicanism came to an end. After the death of Oliver Cromwell his son, Richard, became Lord Protector. However, Richard Cromwell was an inept protector and was removed after less than a year. In April 1660, the English Parliament announced that Charles II was the lawful monarch of England. Constitutionally, it was as if the years since the execution of Charles I had simply not happened.

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