This document provides an overview of the key features of the British constitution. It notes that the British constitution is unwritten, consisting of laws, traditions and precedents. It has evolved over time through incremental changes rather than being written at a single point. The constitution is also flexible, allowing acts of parliament to function as both constitutional and ordinary law. Some other important aspects mentioned are the sovereignty of parliament, the mixed monarchical-democratic system, and the role of conventions alongside legal rules.
Montesquieu's Doctrine of Separation of PowerA K DAS's | Law
The main theme of Montesquieu doctrine is that each and every organ of the state will exercise of its own power and function, and no one organ will interfere into the functions of another organ. He is the proponent of this theory....
This PPT helps to understand Concept of Sovereignty. This PPT is more useful for Social Science students including Law at Graduate & Post bGrauat elevel .
Montesquieu's Doctrine of Separation of PowerA K DAS's | Law
The main theme of Montesquieu doctrine is that each and every organ of the state will exercise of its own power and function, and no one organ will interfere into the functions of another organ. He is the proponent of this theory....
This PPT helps to understand Concept of Sovereignty. This PPT is more useful for Social Science students including Law at Graduate & Post bGrauat elevel .
this ppt describes different froms of government based on power and authority distribution, the merits and demerits of each form of government are also given. for further educative ppt do comment and if time allow i will surely help you in making your ppt.
Sovereignty means the supreme, absolute, and uncontrollable power by which any independent state is governed; supreme political authority; the supreme will; paramount control of the constitution and frame of government and its administration; the self-sufficient source of political power, from which all specific political powers are derived; the international independence of a state, combined with the right and power of regulating its internal affairs without foreign dictation; also a political society, or state, which is sovereign and independent.
The power to do everything in a state without accountability, to other countries, to execute and to apply them, to impose and collect taxes and levy contributions, to make war or peace, to form treaties of alliance or of commerce with foreign nations.
The concept of ‘sovereignty’ is one of the most complex, with many definitions, some are totally contradictory. Usually, sovereignty is defined in one of two ways. The first definition applies to supreme public power, which has the right and, in theory, the capacity to impose its authority in the last instance. The second definition refers to the holder of legitimate power, who is recognized to have authority.
When national sovereignty is discussed, the first definition applies, and it refers in particular to independence, understood as the freedom of a collective entity to act. When popular sovereignty is discussed, the second definition applies, and sovereignty is associated with power and legitimacy.1
There are various definition of sovereignty which has been defined by academicians and philosophers they are as follows:
In political science, sovereignty is usually defined as the most essential attribute of the state in the form of its complete self-sufficiency in the frames of a certain territory that is its supremacy in the domestic policy and independence in the foreign one.
John Bodin defines sovereignty “The supreme power over citizens and subjects, unrestrained by law.”
Grotius defines sovereignty as “The supreme political power vested in him whose acts are not subject to any other and whose will cannot be overridden”.
Also definition of Sovereignty by Soltau is “Final legal coercive power by the state”.
this explains concept of Constitution which contains meaning, definition,classification,characteristics of good constitution and brief introduction Constituent Assembly of India
this ppt describes different froms of government based on power and authority distribution, the merits and demerits of each form of government are also given. for further educative ppt do comment and if time allow i will surely help you in making your ppt.
Sovereignty means the supreme, absolute, and uncontrollable power by which any independent state is governed; supreme political authority; the supreme will; paramount control of the constitution and frame of government and its administration; the self-sufficient source of political power, from which all specific political powers are derived; the international independence of a state, combined with the right and power of regulating its internal affairs without foreign dictation; also a political society, or state, which is sovereign and independent.
The power to do everything in a state without accountability, to other countries, to execute and to apply them, to impose and collect taxes and levy contributions, to make war or peace, to form treaties of alliance or of commerce with foreign nations.
The concept of ‘sovereignty’ is one of the most complex, with many definitions, some are totally contradictory. Usually, sovereignty is defined in one of two ways. The first definition applies to supreme public power, which has the right and, in theory, the capacity to impose its authority in the last instance. The second definition refers to the holder of legitimate power, who is recognized to have authority.
When national sovereignty is discussed, the first definition applies, and it refers in particular to independence, understood as the freedom of a collective entity to act. When popular sovereignty is discussed, the second definition applies, and sovereignty is associated with power and legitimacy.1
There are various definition of sovereignty which has been defined by academicians and philosophers they are as follows:
In political science, sovereignty is usually defined as the most essential attribute of the state in the form of its complete self-sufficiency in the frames of a certain territory that is its supremacy in the domestic policy and independence in the foreign one.
John Bodin defines sovereignty “The supreme power over citizens and subjects, unrestrained by law.”
Grotius defines sovereignty as “The supreme political power vested in him whose acts are not subject to any other and whose will cannot be overridden”.
Also definition of Sovereignty by Soltau is “Final legal coercive power by the state”.
this explains concept of Constitution which contains meaning, definition,classification,characteristics of good constitution and brief introduction Constituent Assembly of India
Legal System of England, Introduction, Common Law features in England, Legal History of England, Civil Rights in England, Constitutional Review in an Unwritten Constitution, Hierarchy of Courts, Judicial Review, Rules of precedent in England, English civil Procedure, Criminal Procedure in England
The judicial organization, The House of Lords, The King's Bench Division, The Assize Courts, The Quarter Sessions, Central Criminal Court, Petty Sessions and Police Magistrates, Sentencing Purposes in England, Conclusion, Bibliography
Bill of Rights, First Amendment, Second Amendment, Third amendment, Four, Five Six Seven amendment, Eight, Ninth and Tenth Amendment in bill of Human Rights
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
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Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
2. What is constitution
Why we need constitution
Intro of British constitution
History
Salient features
3. a set of basic laws or principles for a country
that describe the rights and duties of its
citizens and the way in which it is governed
The Constitution is important because it
protects individual freedom, and its
fundamental principles
4. There can be no state without constitution
It consist those fundamental rules which
determine and distribute power among
the various organs of the Govt.
As well as determine the relations of the
governing authorities with the people
The British were the first discover how to
manage a large state
5. 1. Unwritten:
most imp feature of British constitution is its
unwritten character
Because there is no such thing as written, precise
and available in single book
The French writer De Tocqueville once marked that:
England has no constitution, British
constitution is a mixture of character, statues,
judicial decisions, common law, usages or traditions,
customs, conventions, precedents etc.
6. 2. Continuity:
The British constitution was not framed at a single time.
It is still in the process of growth
3. Flexible constitution:
Best example because it can be passed, amended and
repealed by simple majority of parliament since no
distinction is made b/w constitutional law and ordinary
law
British constitution is different from America and
Pakistan, because in both countries there is consider to
be a supreme document in which amended is very rare
7. 4. Evolutionary Growth
The British constitution is a specimen of evolutionary
development.
Still going through the process of growth
Never framed by any constituent assembly or king
No precise date of its birth can be given
No one claim to be its author because it comes from
precedent to precedent and from past experiences of
law and practices
8. 5. Unitary:
It also has unitary character as apposed to a federal one.
All power of the Govt. are vested in the British parliament,
which is a sovereign body.
The executive organs of state are subordinate to it and
exercise delegated powers and are answerable to it.
There is only one legislature
6. Bicameralism:
British parliament consist two houses
1. House of common (lower house)
2. House Lords (upper house)
9. 7. Rule of law:
Imp feature of British constitution rule of law. It implies
equality. It has three implication
1. all persons are equal before the law irrespective of their
position or rank
2. This doctrine emphasis the supremacy of the law and not of
an individual.
3. No one can detained or imprisoned without a fair and
proper trait by a competent court of law.
Nor can a person he punished or deprived of his life,
liberty or property except for a specific breach of law proved
in an ordinary court of law by an ordinary procedure
10. 8.Independency of judiciary:
The British constitution is based on the independency of
judiciary. Judges are bound to obey and respect
constitution.
9. Sovereignty of Parliament:
Very imp feature of British constitution . The court cannot
question the validity of the laws passed by British Parliament.
It can make illegal what is legal and legalize what is illegal.
11. 10. Organic nature:
• The nature of the British cons. Is organic. It is constantly
growing. There is much that is still same and there is much
also which changes according to the needs of time. There is
continually development.
11. Role of conventions:
Another very important feature is the existence of a large number of
conventions in it. No one understand this constitution properly
without studying these conventions carefully . They are a part of
constitution but they are not laws, because as such conventions
cannot be enforced by the courts.
Examples:
The queen cannot go against the advice of the cabinet
The PM must sit in the House of Commons
12. 12. Mixed Constitution:
The British cons. is a unique blend of monarch, aristocracy
and democracy. The existence of queen and kind shows
that there is Monarchy in England. The existence of House
of lords gives an idea that England has an Aristocracy type
of Govt. The house of common reflects actual working of a
full-fledged democracy in this country. But all these
diverse political elements have been welded together to
produce the finale effect of perfect representative
democracy
13. 13. Gap b/w Theory and Practice:
• There is great gap between theory and practices.
• As for instance, in theory, it is the King and Queen who is
sovereign, but in practice it is the parliament, which is sovereign.
• The Queen in theory is the fountainhead or patronage but in
practice all honors and titles are conferred by the Prime Minister.
• This also justifies the remarks of Lord Sankey that
“Theory has no relation to realities in British
constitution”