3. IN BRIEF
IN BRIEF
IN BRIEF
Constitutional law is concerned with the political administration of the United Kingdom, as
well as other jurisdictions on occasion. It is a body of law that determines the role, powers,
and structure of various institutions within a state, including the executive, legislature, and
judiciary. Since it is unwritten, relying on a mixture of legislation, case law, and political
conventions, the United Kingdom’s constitution is frequently the subject, especially when
researching within this jurisdiction.
This page provides you with a list of six dissertation proposals and ideas in the fields of
public, constitutional, and administrative law for Masters. Please use these subjects as a
starting point for your own masterpiece.
4. 1) IS IT APPROPRIATE TO PLACE THE BRITISH
CONSTITUTION IN WRITING?
Barber and Bogdonor et al. suggest that the central
crisis, which is the relational control between
parliament and the judiciary, requires a “true
consideration” because the powers have become so
fused. Bogdonor and his colleagues argue in favor
of a written constitution, while Barber opposes it.
While both agree that a new constitutional model is
needed, they disagree on the essence of a written
and unwritten solution. This investigation would
look into how the existing model is no longer
appropriate and what shape the re-alignment could
take.
5. 2) IS THE DRAFT CABINET MANUAL 2010 APPROPRIATE TO DETER
POTENTIAL EXECUTIVE MISUSE OF POWER?
The merger of the British legislature and executive has long been criticized for
failing to provide the requisite independence that the Dicean model requires.
R v HM Treasury, ex parte Smedley [1985], on the other hand, was a landmark
case. The English rule of law is based on the division of powers.
As a result, the issue of whether there are adequate safeguards in place to
deter power abuse arises. In reality, the failure to use the Draft Cabinet
Manual 2010 shows that nothing has changed; therefore, it should be used.
In fact, the failure to use the Draft Cabinet Manual 2010 indicates that little
has changed; therefore, a stronger legal right to challenge abuse of power
should be created.
6. 3) IS THE ROYAL PREROGATIVE A NECESSARY
FEATURE OF BRITAIN’S CONSTITUTION?
This dissertation topic will look at the legal reasons
for the Royal Prerogative in England. Despite
Dicey’s disapproval, the case law has upheld this
strategy. However, as R (Bancoult) v Secretary of
State for Foreign and Commonwealth Affairs and A
v Secretary of State for the Home Department
[2005] and All ER (D) 149 WLR 87 is the second of
two WLRs.
As a result, the focus of this discussion will be on
the essence of the Royal Prerogative, Dicean
criticisms, and other relevant topics.
7. 4) IS THE BILL OF RIGHTS IN THE UNITED KINGDOM NEEDED TO
STRIKE A BALANCE BETWEEN RIGHTS AND RESPONSIBILITIES?
The British Bill of Rights is challenging the ECHR (European Convention on
Human Rights); however, the question to be raised is whether this is merely to
strengthen governmental power and restrict rights.
As a result, the aim of this discussion is to see whether the rights and
responsibilities claim presented in the Justice Department’s Green Paper:
Rights and Responsibilities: Developing Our Constitutional Framework 2009 is
true.
As a result, the ECHR’s human rights jurisprudence will be compared to both
the traditional civil liberties approach and the proposed approach in the Rigby
Bill.
8. 5 ) ARE THE CURRENT MODELS OF STATUTORY INTERPRETATION ADEQUATE,
PARTICULARLY IN LIGHT OF THE EUROPEAN COURT OF JUSTICE’S (ECJ) AND EUROPEAN
COURT OF HUMAN RIGHTS’ (ECTHR) JURISPRUDENCE, WHICH SUGGESTS THAT JUDGES
SHOULD TAKE A MORE ACTIVE ROLE?
The literal, golden, mischief, or purposive law is the standard
approach to statutory interpretation.
The following investigation will look into whether judicial activism
should be permitted in statutory interpretation, particularly in light
of the judicial models used by the ECJ and the ECtHR, which are
being specifically implemented in English courts.
As a result, the focus of this dissertation will be on the ECHR and
ECJ’s jurisprudence, as well as whether the legislative models with
English Law should be expanded.
9. 6) IS THE ABSENCE OF A MERITS-BASED APPEAL IN ENGLISH LAW A
SIGN THAT JUDICIAL REVIEW IN COMPLICATED ENVIRONMENTAL
CASES IS FAILING?
The role of judicial review in English law, which is limited to a procedural
model, will be explored in this dissertation subject. The problem with this
approach is that complicated cases, which would be better served by a merits-
based appeal, are not adequately considered. On this basis, merit-based
administrative procedures must be considered. As a result, a comparative case
study of administrative law in Australia and England will be conducted in order
to decide if a merits-based model should be created. Because of this, the use of
environmental case law would be used.
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10. CONCLUSION
CONCLUSION
CONCLUSION
The English Legal System, as well as Constitutional
Law, can be categorized into two main groups. To
begin, it is necessary to understand the constitution’s
existence, which includes conventions and the rule of
law.
Second, the executive and parliament must be
assessed, which may include topics such as legislative
passage through Parliament, legislative delegation,
deregulation, and relationships between Parliament,
the crown, and the Royal Prerogative, as well as the
relationship between the executive, legislative, and
judicial functions of the state.