CourseWork 2hii Essay Example | Topics and Well Written Essays - 2000 words

CourseWork 2hii - Essay Example It is described at different occasions to be an expression of integration of history and experiences of the past, which led to a unified meaning of its political existence. It is also defined as the set of rules put down to the public, legally distributing the power laid to them, which is acceptable to the people belonging to different organizations of the government1. Hence it is a flexible unified set of ruling principles of the British Constitution that can easily be amended so as to meet the political and legal requirements. The rule of law is one of the main principles operating the British Constitution. One of the simplest definitions given to the rule of law is the sovereignty or supremacy of law over man. With that said, Parliament sovereignty too, is not compromised at any cost, which is also one of the fundamental principles of the British Constitution with the rule of law. Human rights are a crucial aspect in accordance with which the parliament and judges amend their rule s making sure there are no compromises made, thus, the human Rights Act 1998 plays a fundamental role in the functioning of courts. However, the main object and definition of the rule of law in a wider sense also includes the upholding of basic human rights and values that are associated with justice and fairness towards its people. The preeminent function of the courts is to uphold the rule of law and human rights together. Generally, it was the parliamentary sovereignty that had been deemed the ultimate ruling principle of the British Constitution, which has recently been challenged due to the preceding constitutional changes brought about. Mainly because of the reason that Britain has an unwritten constitution, it can evolve, molding itself to the changes that take place over time in the political and legal circumstances.2 We will have to discuss the mechanism that endorses the rule of law in order to see how the constitution is based upon Human Rights Act 1998. 15 The 98 Act had magnified and enhanced the rule of law’s constitutional role since it had increased the courts ability to further scrutinize, question and reform the parliament’s legislative powers. It ensured that the rights mentioned in the 98 Act are not violated, while at the same time, the courts are bound to interpret legislation, as far as possible, to be compatible with the rules set out by the European Convention on Human Rights 1950, hereafter referred to as ECHR. This is a treaty contracted by the U.K when it became a member of the council of Europe. The rules of the 98 Act uphold the courts compliance with the rights of people as the main legislative principle in the English law and the legal system.3 Domestic courts have supported the substantive rule of law by understanding their powers under the 98 Act, making their legislation compatible with the ECHR. Declaring a directive to be incompatible with the ECHR signals that a right has been violated which is then directed to the European Court of Human Rights setup in Strasbourg. The treaty signed by the U.K, and being a member of the European council, binds them to initially follow the rules of the 98 Act and then to make a compatible legislation reconcilable with the legislation and rules of the ECHR.