law-Is it still relevant to the modern British constitution Free Essay, Term Paper and Book Report
Explain what is meant by the rule of law. Consider whether it is still of relevance to the modern British Constitution.
The English Legal System has a well-established doctrine of the rule of law. Many writers/ legal philosophers have commented upon the rule of law throughout history. Aristotle wrote 'the rule of law is preferable to that of any individual.' Bracton then added to this proclaiming that 'the King himself ought not be subject to man but subject to God and to the law, because the law makes him king.' In the fifteenth century Fortescue argued that there would be no taxation without the consent of Parliament.' This introduces the idea of Parliamentary Sovereignty. Writers before hand, such as Bracton, focused on the role of the monarchy.
Parliamentary Sovereignty has been a key factor in the British Constitution and still is to a certain extend today. There are some legal systems that are subject to the rule of law in the sense that they have a judicial power to hold legislation unconstitutional. In the British constitution the judiciary, however independent, d......
Word Count: 1768
Page Count: 7 (250 words a page / double spaced)
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