Essay Questions About The Constitution

Explain how British political institutions have impacted American political institutions and rights. Describe the Enlightenment concepts that are incorporated into the United States Constitution. List three features from state constitutions that were incorporated into the United States Constitution. List two strengths and two weaknesses of the national government under the Articles of Confederation. Section 18 European Union Act 2011 states "Directly applicable or directly effective EU law (...) falls to be recognised and available in law in the United Kingdom only by virtue of that Act or where it is required to be recognised and available in law by virtue of any other Act'.

There are also a number of Acts which have been passed through Parliament since 2003 that have constitutional status.

Another important source of the United Kingdom's constitutional rules can be found within the law reports, which report on the important judicial decisions made within the court system.

In Case 6/64 [1964] ECR 585 the court of the European Economic Community (the forerunner to the European Union) held in a landmark decision that European Community law has supremacy over national law.

This ruling then changed a fundamental rule of constitutional systems, that of Parliamentary sovereignty.

In fact, no constitution globally is contained within a single document; even 'written constitutions' are merely a starting point for the full body of constitutional law, which elaborates upon the countries governance structure.

Written documents might offer fundamental constitutional principles, but there are further texts which supplant and elaborate upon the basic principles.

Judges in England and Wales, Scotland and Northern Ireland have all contributed to the development of constitutional principles within the UK.

The principle role of courts is in the application of the facts of a case to the law and resolving disputes between litigants.

The impact of this ruling was first experienced in the UK in [1990] 2 AC 85, when Spanish owners of fishing vessels argued that they had been discriminated against on the ground of nationality and the courts were asked to suspend the Merchant Shipping Act 1988.

Further, in (2003) Laws LJ held that rights and freedoms afforded under EU law will prevail over express terms of UK law, including Acts of Parliament passed after the coming into force of the European Communities Act 1972, even when EU law in clearly inconsistent with the Act of Parliament.


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