ENGLISH LAW ASSIGNMENT

English Law Assignment

English Law assignment

Question No 1

The United Kingdom is in a unique position among the members of the Council of Europe. On September 23, 1953, the European Convention on Human Rights (ECHR) comes into force. Parliament, as the depositary of national sovereignty is the only institution with full legislative powers to pass laws. Democratic societies are governed by the rule of law (the rule of the law), which requires equally to all citizens. And the supreme law of a country is the Constitution. Although most former British colonies have a written constitution, this is not the case in the United Kingdom, which does not imply lack of reality called Constitution, which, incidentally, is one of the oldest and most has lasted. However, I note that the problems can be resolved. After all, you could set up a European constitution, which entrusts the legislative power to Parliament in Strasbourg. It is a false solution because the problem goes beyond the issue of separation of powers. We must return to the roots of democracy. That literally means "democracy"? Who says democracy, so people said the political sense, the demos of the Athenians of antiquity.. But this is no European people. In a democracy, the debate is important, and to discuss, we must communicate. This implies that every citizen can lead a discussion with any other citizen. The problem is that if tomorrow I meet a Slovak or a Finn, who is officially "European citizen" like me, I could not lead a political conversation because I cannot speak Slovak or Finnish, and it is likely that my interlocutor is not French. And I have never owned a sufficient level of English or German for a debate of this kind. (Thomas M. 2004, 12)

In the UK it is considered that the basic constitutional principles and rules are contained in the Magna Carta of 1215, the Charter or Bill of Rights 1689, the Statues of 1911 and 1949 and the Peerage Act 1963. In general we can say that common law was a primitive character and to archaic and had remained outside any influence from Roman law. The sovereign authority was represented by the advice of the wise king of the kingdom, which was holding all powers, both legislative and executive in the judiciary. This era is known actual number of laws, called "domes", which as we shall see further below, consist mainly of duties or tariffs of fines imposed on those goods or people.

The debate was opened by Anthony Lester, a lawyer specializing in Civil Liberties. Democracy and Individual Rights Civil Service In a pamphlet written in 1968, Democracy and Individual Rights, Anthony Lester draws attention to the threats to the public, from Parliament, the Civil Service or local authorities... As regards the Parliament, Anthony Lester denounced first the laws on immigration from Commonwealth countries. But Parliament is as guilty of delegating its powers too readily to the Government which uses an arbitrary manner, particularly in exceptional ...