Public Law In The Uk Assignment Sample

Public Law In The Uk

Introduction  - Public Law In The Uk

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TASK ONE

DISCUSS THE EXTENT TO WHICH THERE IS A CONSTITUTION AND SEPARATION OF POWERS IN THE UK

History and origins of the UK constitutional system

The British Economy has its basis on Parliamentary Acts, legitimate precedence, the judgment of the court, and historical data along with the convention. The historical data of the constitution of the UK witnessed its existence since the year 1215 when King John was forced by barons to accept the Magna Carta, which is considered the 'Great Charter of English Liberties', which restricted the authority of a king, that make subjections of land-based laws to him (Jones 2018).

The Oxford Provisions in the year 1258 sets a basis for governing the country of England. Approximately 24 members are supposed to create the council, which has its governance through the Monarch however have is supervised by the parliament. The initial parliament was noted to be created by knights, usual people, and lords, who were drawn by various cities and towns. They were noted to be presided by Simon de Montfort, who is broadly considered the founder of Common House (Taylor 2018).

The rights petition of the year 1628 brings forward some additional liberties as well as the authority of the people, which consist of freedom regarding arbitrary punishment and arrest.

One another essential part of the legislation was witnessed as the Bill of rights of the year 1689. The act of settlement of the year 1701 monitored the individuals who were supposed to succeed throne as well as established various essential principles concerning the independence of the judiciary. The total number of individuals who have an entitlement to voting was largely enhanced by the act of great reform of the year 1832 as well as the act of representation of individuals of the year 1928, which provided every woman and men representatives with an age of more than 21 years, an authority Of giving vote (Jones 2018). Arrival into the economic community of Europe in the year 1973, as well as membership in the union of Europe, brought the country of Britain under the jurisdiction of the courts of Europe in various regions. Currently, some individuals visualize this as undermining Parliament-based sovereignty, which is usually supposed to be an explanatory principle regarding the constitution of Britain, along with citing it as an argument concerning BREXIT or leaving of Britain from the Union of Europe.

The role of the uk constitution system

The constitutional system of the UK is praiseworthy in context to its flexibility. As indicated by their timeline, the constitution of the UK is noted to be frequently modified as well as passed through various amendments throughout the years to respond to the transforming situations and their needs. The major function of the UK constitution system is the allowance of the approach of pragmatism, as argued by their proponents. According to the approach of pragmatism, distinct things are capable of being tried, developed, and tested by the use of an optimum arrangement over a certain period (Jones 2018). They point out to various nations the difficulty of transforming a well codified UK constitutional system which is not capable of being updated through the system of political administration in Association with the transforming attitude as well as realities of politics. The issue regarding the ownership of a gun in the United States is considered a usually sighted instance in this regard. In the given example, the control is hardly implemented due to the existence of a second modification or amendment in this respect (Jones 2018).

Various individuals further believe that possessing the uncodified UK constitution is largely democratic. Instead of being surrounded by decisions of the earlier generation, it permits each of the upcoming generations the probability of influencing the constitutional system of the UK by means of elected representatives (Jones 2018). In case a given party with the agenda of constitutional amendment or reform is a witnessed to be elected, they are considered to have the capability of carrying out the actions regarding which vote is provided to them by the people. The new government for labour in the year 1997 witnessed a broad range of Constitution-based programs, consisting of the authorities of human beings and devolution. These might create trouble in being implemented otherwise. Within the UK constitutional system, their codification again plays the function of electing the politicians instead of not electing the judges for their final sayings, as argued by their supporters (Taylor 2018).

The characteristics of the uk constitutional system

Various essential characteristics of the constitutional system of the United kingdoms are as follows –

1. The constitutional system of the UK is flexible and uncodified.
2. It is traditionally characterized as unitary. However, currently debated to be a statutory union.
3. The constitution of the UK is largely parliamentary and monarchical and has the basis on the bedrock of essential constitutional principles and doctrines (Gillis 2022).
4. It has the feature of parliamentary sovereignty, power separation, and law rule.
5. The court or judiciary is noted to base some of the decisions on respect to the principles of bedrock regarding common law (Gillis 2022).
6. Various practices, regulations, and the law of the Constitution of the UK are found under the statutes of the constitution, conventions of the constitution, the decision of the judiciary, the law of the European Union as well as foreign treaties, the task of authoritative writers, custom and law of parliament and royal prerogative.
7. However, the codification of the constitution of the UK is noted to experience various arguments against and in favour of it (Putrijanti 2021).

Distinct roles of the legislature, the executive, and the judiciary under the system of the uk constitution

The constitution of the UK is based on the doctrine of power separation under which the government of any state has conventional division into three distinct branches. Each of these branches has independence, segregated responsibility and authority. These three branches of power distribution consist of the legislature, the executive, and the judiciary (Taylor 2018). The major reason behind power distribution is the prevention of supremacy of any one individual or branch from others, as well as the introduction of balances and checks. Under this system, any one of these branches is capable of restricting others, if required. As per the method of integrating power separation, none of these branches is capable of exercising their power on the other branch. It also states that any one individual is not capable of having a membership that is larger than any one of these three branches (Putrijanti 2021).

The major function or role of the three branches of power distribution under the constitutional system of the UK, the legislature, the executive, and the judiciary, are given as follows –

1. Role of the legislature –

Under the parliament of the UK, the legislature consists of the House of Lords, the House of Commons, and the crown. The function of the legislature is the creation or making of laws (White 2021).

2. Role of executive –

Under the country UK, the executive consists of the crown as well as the government of the UK, which includes various cabinet ministers along with the prime Minister. The executive has the accountability of enforcing various laws which are created by the legislature (White 2021).

3. Role of the judiciary –

In the United Kingdom, the judiciary mainly constitutes the judges along with various Court officials as well as tribunals of three legitimate jurisdictions of the UK. The Supreme Court is responsible for overseas these. The judiciary has the major function of implementing various laws and regulations to a particular case that might arise due to breaching or termination of law (White 2021).

Significance of the separation of powers principle in the uk

The doctrine regarding the segregation of power is noted to influence a large number of creators of the constitution as well as philosophers such as Montesquieu, who usually thought deeply concerning the given doctrine. Inspired by not being written completely, the constitution of the United Kingdom is considered the golden rule regarding power separation, which can be followed throughout the world (Gordon 2020).

In the year 1748, a French Jurist, Montesquieu, brought a theory that stated no complete liberty along with mentioning that each and everything is supposed to arrive at its termination in case the judicial, executive and legislative authority of government is provided in the hands of a single individual or a single authority. This statement extracts their validation from the system of the Monarch, whereby a single king has the complete authority or Supreme Power to take decisions that ultimately lead to corruption (Gordon 2020).

The power separation in the United Kingdom includes a clear overlapping of the terms of their personnel as well as their functioning among various organs, which can be discerned. The power and authority of government are supposed to be exercised through the judiciary, executive, and legislative under their corresponding restrictions. These organs of government should also regularly leads to checking of each other for appropriate working altogether (Jack et al., 2022).

The act of constitutional reform of the year 2005 can be considered as a reason behind legitimate as well as practical operations of the doctrine of power separation to provide efficiency and clarity in their working. The major purpose behind the given act is the achievement of a larger distinction of separation as well as personal in between legislature, as a part of judiciary as well as the House of Lords. It is noted to be done through the provision of creating a Supreme Court in the country of United kingdoms, which the task of replacing the Appellate committee regarding the house of Lords as well as through the removal of Lord chancellor from the process of the judiciary(Jack et al., 2022).

Under the governmental system, irrespective of codification or written form of the document and their commitment under the constitution, there exist assets of regulations as well as principles that are not otherwise found in legitimate formal sources; however, that is obeyed habitually. These are usually considered a binding matter concerning their usual practice, custom, and tradition (Jack et al., 2022). These regulations are usually referred to as a convention of the constitution under the United Kingdom and are identified originally in the form of restricted regulation of residual laws.

In the United Kingdom, a completely new law was enacted where bills were given approval by the House of Lords and Commons in the form of receiving royal assent. However, within the Act of Parliament of the year 1911 as well as 1949, there can be the enactment of legislation instead of their rejection by the House of Lords (Craig 2019). It can be delayed by the House of Lords for up to 12 months. The statutory interpretation is quite an essential part of the procedure of making law because only after appropriate interpretation it will be possible to determine the intention of the people who created the law framework and their work. Within the given process, judges are not required to give challenge political and legislative authority in deciding the structure of law and its creation (Craig 2019).

The judiciary within the constitutional system of the UK consists of various court-based laws, consisting of the ones that contain judicial tribunal offices along with laying magistrate who includes staffing of the court of the magistrate (Craig 2019). It is supposed to preside under criminal as well as civil courts with the help of a professional judiciary. The jurisdiction of civil is noted to cover the issues regarding privacy laws along with the queries of public law. Thereby, the court becomes capable of exercising some of the minor functions of the legislative (Taylor 2018). These functions include the creation of law, governing various procedures of the court along with functions of administration.

The power separation is segregated into three different statutory organs. These government-based organs are required to be communicated with one another to run a nation effectively, even in case the writing of the constitution consists of certain needs which are supposed to be properly followed for governing the nation in a smooth manner (Taylor 2018). It is considered essential because in case the three organs have a conflict with one another or when there exists destruction for any nation and its people, the following of such governing requirements are usually performed (Taylor 2018).

TASK TWO

DISCUSS THE CREATION OF LEGISLATION AND THE RULES, STRUCTURES, AND PROCEDURES THAT RELATE TO PARLIAMENT AND THE LEGISLATURE CONCERNING UK LAW

The passage of an act of parliament

The enforcement of various parliamentary acts can be performed in any of the four countries of the constituent United kingdoms, which consist of Northern Ireland, Wales, Scotland, and England. However, the majority of actions that are supposed to be currently passed through the parliament are either applied to the country of Wales and England only or England. However, the arts, which are usually associated with reserved or constitutional matters, currently have their implementation in the whole the parts of the UK (Lemprière et al., 2019).

The passage of bills can be initiated either in the House of Lords or in the House of Commons. However, those bills that are completely or majorly of financial nature are supposed to be initiated in the House of Commons. Each of the bills is supposed to be passed by the given stages.

• Scrutiny of pre - legislature – the joint commitment is regarding both of the houses usually reviewing bills as well as votes in respect to the amendments which are either rejected or accepted by the respective government. The reports are usually considered influential in their later stages because their recommendations regarding the rejection of the committee have their revival for voting.

Number 1 (dark green) - none of the voting occurs. The printing and presentation of the Bill are performed along with the bills of private members. Also, the date of secondary reading is created (Küpper et al., 2018).

Number 2 (dark green) - debate in respect to usual principles regarding bills have their following through the means of a vote.

• Stage of the committee – the committee is noted to consider each of the clauses provided in the Bill. They are also capable of making amendments (Küpper et al., 2018).
• Stage of reporting – there exist an opportunity for bringing amendment and bills. The house is supposed to consider those clauses which have a tabulation regarding suitable amendments (Lemprière et al., 2019).

Number three (dark green) – an amendment regarding the debate on the ultimate text

Passage – the Bill is afterwards sent to other houses that are capable of creating an amendment to it.

NYCS – bull – trans 1 – initial reading regarding a similar procedure

NYCS – bull – trans 2 – second reading regarding the similar procedure

• Stage of the committee – occurrence of a similar procedure (Küpper et al., 2018)
• Stage of reporting – occurrence of a similar procedure

NYCS – bull – trans 3 – a third reading is performed, which constitutes a similar procedure. However, additional amendments under the law can be further created.

Passage - the next step is returning the Bill to their original house

A pre - legislation regarding scrutiny is considered regarding various amendments.

There is the creation of a request for royal assent of Bill. During their grant, the Bill ultimately becomes the act.

Scrutiny is based on pre legislation, drafting as well as consultation.

Editing (Harvey 2021).

However, not being a strict part regarding the procedure of legislation, a consultation period to place before drafting of Bill. Under the government, various departments, along with the treasury, are supposed to be consulted with their interest and devolving administration in Northern Ireland, Wales, and Scotland. Outside the government, various parties in interest like the pressurized groups, industrial bodies, and trade unions are asked to give their viewpoints regarding any of the proposals. The practice-based official code of cabinet mentions a minimum period of consultation, which is supposed to be of 12 weeks. The documents of consultation are broadly circulated, which consist of consultation of official homes on the severity of pornography as well as consultation of the Government of Scotland regarding the policy of food (Harvey 2021).

The meaning of the ‘royal prerogative’

The prerogatives of the royal have further been termed the prerogative of the crown. It gives empowerment to the crown or Monarch who has some particular immunities, powers, privileges, and rights that can be exercised on the advice of governmental ministries. The cabinet is well known for its efficient work as well as a reflection of dignity by the crown (Cladi 2022). The prerogatives have their bases on the original authority of the Monarch rather than the reliability of any common or statutory law during the creation of any portion of the system of the constitution. The concept is associated with the days before the implementation of Parliament-based democracy. It also refers to the authorities which were originally in the hands of the Monarch of Britain in the form of absolutists or a basis of arbitration (Cladi 2022).

These powers consist of the authority of declaring war, presiding over the trees, creating the piece, having conferences with monarchical representatives, and appointing generals and commanding armies (Cladi 2022). The entrustment of the Monarch consists of a full power of patronizing to dismiss or appoint the corresponding judges and ministers, as well as having the capability of gathering payable taxes for the regional projects and international wars (Lemprière et al., 2019). Various institutional authorities such as the armed forces landed allies, and churches are supposed to put forward their blind trust, which is bounded by communal benefits to promote monarchical acceptance as well as giving a provision of support for their existence. The idea to be an empowerment of Monarch is considered quite advantageous for the security of the public, the safety of the nation, and individuals will be who are considered the subjects of the Monarch (Lemprière et al., 2019).

The limits of parliamentary sovereignty

The sovereignty of parliament is termed as the principle regarding the constitution of the UK. It gives authority of Supreme legitimacy to the parliament of the UK that is capable of either creating or ending a given law. Usually, the courts are not capable of overruling their legislation. Also, none of the parliaments is capable of passing laws that cannot be transformed by the upcoming parliaments. The sovereignty of parliament is considered an essential part of the constitutional system of the UK (Moss et al., 2019).

Developments that influence the sovereignty of the parliament of the UK –

Over time, the parliament is noted to pass various laws that restrict the implementation of the sovereignty of parliament. The given laws usually reflect the development of politics both outside as well as inside the nation of the UK (Cox 2020). It consists of the following-

• The power evolution towards various bodies like that of the Senedd Cymru as well as the parliament of Scotland.
• The act of human rights of the year 1998
• The entry of the UK towards the European Union in the year 1973 along with a gradual exit in the year 2020.
• The decision for the establishment of the Supreme Court of UK in the year 2009, which have their ending in the house of Lords functioning as appealed by the final Court of UK (Moss et al., 2019).
• Such developments are not supposed to undermine any principle regarding the sovereignty of parliament. Therefore, at least in a theoretical manner, the parliament is not capable of repealing any laws which implement the given changes (Cox 2020).

Evaluate reforms to the judicial appointment system

The CRA, or the constitutional reform Act of the year 2005, enshrined the independent law of the judiciary and transformed the method of appointing judges. As an outcome of the given act, the JAC was initiated on 3rd April of the year 2006 to bring larger accountability as well as clarity in the process of appointment (Masengu et al., 2020).

The JAC is considered an independent entity for selecting candidates for the office of the judiciary in tribunals and courts of Wales and England. It also consists of some of the tribunals that have jurisdiction throughout the UK.

The JAC further have their involvement in the process of selecting the Lord chief justice, senior tribunal president, Lord's appeal justice, and divisional head (Busuttil 2021).

The procedure to appoint Supreme Court judiciary in the UK has their governance based on section 25 to Section 23 as well as schedule 8 of the act of constitutional reform of the year 2005 along with their amendment through the crime and court act of the year 2013. This is supposed to set a briefly resumed procedure (Busuttil 2021).

The act of constitutional reform creates a Commission for appointments of judicial. The given Commission independently proposes the candidates along with the state secretary for justice, who can only convey either no or yes. It is required to enhance feelings regarding the appointments of judges based on their merit instead of they are political backgrounds (Busuttil 2021).

Illustrate the impact of the human rights act 1998 on the ‘rule of law’

The act of human rights of the year 1998 set the basic authorities as well as freedom for the citizens of the UK in respect to their corresponding entitlement (Cairney 2018). There is an incorporation of a set of authority for the ECHR or European convention on human rights into the domestic law of Britain. The act of human rights came into effect in October of the year 2000 in the UK.

Some of their respective authorities, like that of the restriction towards torture, are considered absolute along with the qualification of others (Cairney 2018).

The given out and creation of a virtually directed European convention on human rights is enforceable in the United Kingdom (Spano 2018). The quotes are noted to bring forward a basic transformation in respect to the method of interpreting legislation by the tribunal as well as the Court of the UK. According to Section 6 of the given, there is a provision to unlock full public rights towards the act in such a manner that is supposed to be incompatible with the authority of convention. In other words, it is not capable of acting in a manner that is supposed to terminate any authority of the given convention (Spano 2018). It is a positively created duty on various authorities of the public sector to hold the rights of the convention. According to Section 3 of the given act, the court is obliged to read as well as give effect to their legislation in a manner that is supposed to be compatible with the authority of convention. It indicates that while considering any legislative piece, the court should interpret that concerning the rights of the convention. For instance, any of the provisions within the family law have their consideration concerning article 8, which is associated with the authority of respecting a family life as well as the private life of various citizens (Spano 2018).

The European convention concerning the human rights ECHR, an incomplete convention for securing the rights of humans as well as basic freedoms, is noted to a dot a convention through the European council in the Act 1950 for guarding the basic freedoms as well as rights of human beings in the country of Europe. Along with their 11 supplementary protocols, that convention which came into effect on 3^rd September of the year 1953, exhibits the most successful as well as and advanced foreign experiment in their field to date (Spano 2018).

Explain the structure of the devolved powers in the uk

The developed authorities are noted to be those that were passed from the parliament of the UK towards a legislature that is devolved. The result authority is the ones that remained at a level of the United Kingdom’s parliament. Some of the regions of this policy are noted to be devolved to a legislative devolving, however having an elsewhere reservation. Devolution is regarding the decision-making by the government and Parliament (Foster 2022). The country of the UK indicates that there exists a separate executive as well as legislature and Northern Ireland, Wales, and Scotland. Their working can be described across the country of the UK in the form of four distant executors and legislatures, each one of these having a distance range of authority.

The relationship between white hall and three of the devolving administrations has its basis on an arrangement as well as a principle that is associated with extra-statutory aspects. The major element is brought forward in the MOU or memorandum of understanding between the devolving administration as well as the government of the UK (Busuttil 2021).

In November of the year 2014, the government declared its initial revolution, which dealt with the great Manchester and was followed by Cornwall deals in July of the year 2015. At the given point, the respective government further invited the proposals from regional areas in the form of a person of their spending on review of the year a submission was asked regarding the given proposal till September of the year 2015. Thirty-four different beds wear received by the government from various regional areas (Busuttil 2021).

Out of these, 12 of the bids initially indicated a negotiation, while 11 areas have confirmation of evolution which deals with the signing off from both the national as well as regional leaders. At the given point of time, numerous unsuccessful regions are noted to feel their lacking of responsive clarity from government authorities concerning the reason behind no forward taking of their proposals (Busuttil 2021). They further experienced some concerns regarding the criteria of success which are not found to have enough transparency. Also, these criteria have too much focus on the requirement for a direct election of Mayor (Foster 2022).

Appraise the scope and limitations of judicial review

Limitations and scope of the review of the judiciary –

The potential of reviewing the judiciary is restricted by function as well as availability. The function of the court is not a recreation of decisions that are challenged or inquiry of merits of their decisions; rather, they have the role of conducting a review of procedure in context to their decision for assessing their flaws such that their revocation could be ensured (Hankivsky et al., 2019).

The review of the judiciary led to the debate of finding demarcation between self-restraint of the judiciary and the activism of the judiciary. A review of the judiciary indicates the authority of courts to consider the constitutionality of the actions of various government organs along with declaring them unconstitutional or void and null in case of violation or inconsistency of the fundamental Grundnorm principles or the constitution (Hankivsky et al., 2019).

The review of the judiciary in the current time is noted to hold by means of three different dimensions. The first one is for ensuring fairness in various actions of the administration. The second one is for protecting the guaranteed basic authorities of citizens as provided in the constitution. And the third dimension is for ruling the queries associated with the competency of legislation between this state and Central level (Varuhas 2020).

The activism of the judiciary does not indicate the adventurism of the judiciary. Judges are never supposed to be an after waste because, on various occasions, the activism of the judiciary is considered a useful democratic adjunct (Varuhas 2020).

The review of the judiciary is supposed to be mere concerning the legitimate procedure as well as on matters which are before the Court (Oakes 2020). The court is supposed to make decisions regarding various issues before courts to determine their suitability under the doctrine of severe necessity as well as matters according to the jurisdiction of the court, which is provided under the corresponding constitution. An overreached review of the judiciary can be harmful to the government as well as people of faith in governmental authorities (Oakes 2020).

Evaluate the procedural steps of judicial review

Review judiciary is a procedure to challenge the legitimacy of public decisions either at the central or local level. The court is noted to have a supervisory function for ensuring the lawfulness of various apps which are created by decision-makers. It is essential to understand that review of the judiciary is not re-re running on the benefits of a decision; rather, it is a challenge to the legitimacy of created decision (Maurici QC et al., 2019).

It is not worthy of considering that there exists a similar process which is termed as a peel of statute which is implemented to some kind of decisions, especially regarding the decisions of planning which is created by statutory secretary or inspectorate of planning on the secretary in behalf of the state. An essential point of practicability is remembering some cases which have fixed time restrictions of 6 weeks for the issue of judicial proceedings (Maurici QC et al., 2019).

In case the claim regarding the review of the judiciary is successful, the general outcome is towards squashing or nullification of the decision. In return, it usually indicates a repetition of making a decision. In the case of planning, it indicates that the application is to be considered again to rectify any of the defects, which includes EIA along with various other needed data. It can give the outcome of exactly similar kind of decision making, do the trees in the review of the judiciary can be considered by pyrrhic (Maurici QC et al., 2019).

In the case of always having a similar situation, there is no point of being indulged in the commercial procedure. However, the influence of the decision is noted to be quashed, and a new decision is taken after practically following an appropriate procedure like that of the environmental impact assessment or EIA for the factors which are appropriately considered. It indicates a bigger and considerable difference in the outcome of a decision, leading to the achievement of something (Zackin et al., NA).

Appraise the extent of devolved powers of the scottish parliaments, welsh assembly, and the executive committee of northern Ireland

The government of Scotland helps in running the country concerning the matters which are being devolved from the Westminster. It would include the Economy, health, education, justice, housing, rural affairs, advocacy of the consumers, equal opportunities, advice, taxation, and transport. It also has the authority to set the rate of taxation (Meng 2021).

There was a transfer of the Belfast agreement or Good Friday agreement in the year 1998 where these executives, along with the legislative powers, went to the executive committee and also to the Northern Ireland assembly. This is defined as devolution, and it simply means that Northern Ireland Executive incorporates laws and takes a decision regarding the day-to-day activities that affect everyone in Northern Ireland (McCrone 2019). It is also known as the transferred matters that include health, housing, education, and roads. Westminster retains the authority over the problems that affect the whole country, like income tax and foreign affairs. It is also known as expected matters as well as reserved matters (Salmon 2018).

Distinguish between substantive breaches and procedural impropriety

The substantive law helps in governing how an individual should behave according to the norms of society (Barnard 2019). For instance, the Ten Commandments are also known as a set of substantive laws. Therefore, substantive laws help in defining responsibilities along with the rights in all the proceedings of the court. While the procedural law helps in establishing the rules by which the courts deal with the enforcement of conducting of substantive laws (Van der Sloot et al., 2021). Therefore, it is the primary objective of all the proceedings of the court. It also governs the admissibility of pieces of evidence and testimonies of the witness (Fahey 2020).

Appraise the boundaries between private and public law

The term public law helps in defining the obligations and the powers of the state (Wallinga 2020). It also helps in establishing obligations and the rights of the relationships that exist between the government and the individual. The term private law helps in featuring the liabilities and rights of the people along with private institutions (Lee et al., 2021).

Discuss the 'rule of law' concerning natural and positive theories of law

The theory of the natural law state that the civil law in the UK is based on ethics as well as on morality and also states that what is correct at an inherent level. There is another theory different from the natural law, which is also known as manmade law or the positive law (Tita et al., 2020). This is defined with the help of common law, and therefore it is possible that it might not reflect the natural law. Instances of positive law include speed which is permitted to the drivers while driving. At the time of drafting the positive laws, the bodies which govern the law are likely to base the same based on natural law (Tita et al., 2020).

Examples of positive laws include rules such as the speed at which individuals are allowed to drive on the highway and the age at which individuals can legally purchase alcohol. Ideally, when drafting positive laws, governing bodies would base them on their sense of natural law. But the examples of natural law are the interpretations of various doctrines of law. Theoretically, it can be stated that the precepts of natural law may be constant across time as well as across the world as it is made based on the nature of human beings but not on customs or culture (Karnaushenko 2021). Since natural law focus on assuming the rules at a universal level, but also it does not consider that different person has a different attitude toward the world. The natural law is made based on reasoning, and it gives the right to a human being to know about ethics. They should know what is right or what is wrong (Karnaushenko 2021).

But the positive law applies to a defined territory as a geographical location but is controlled by the government. The positive law could be rescinded or cancelled, or modified. According to the positive law, there is a prescription for ethics, and they also have to abide by these and are enforced with the help of the judiciary and police (Nand 2018).

Appraise the extent of the parliamentary privilege

The parliamentary privilege is one of the forms of immunity that is enjoyed by the members of certain laws where the legislators are given protection against the liability that might be civil or criminal for conduct or the statements or actions performed in the course of duties by law (Chamberlain QC et al., 2018). This parliamentary privilege is an important part of the democracy of the parliament. It made sure that all the parliamentary members were free to speak and also helped in the protection of the internal affairs of the company from external interferences from the court of law (Nand 2018). There are two houses in the parliament of the UK, the House of Commons and the other is the House of Lords. Here, similar work is making legislation, doing scrutiny of the government and also the current issues are debated (Raney et al., 2022).

Appraise the political advantages and disadvantages of the 'first past the post system’

The first past the post is also known as FPTP, which is like other majority electoral systems. This is defended primarily on the grounds of simplicity (Dunleavy 2019). The major tendency behind this system is to manufacture representatives for beholding the areas geographically (Dunleavy 2019). The advantages of FPTP are-

• It helps in providing clear options for voters between two parties.
• It also helps in giving rise to the governments that are the sole parties.
• It helps in giving rise to the opposition of parliament at a coherent level (Ström 2022).
• It also gives advantages to the parties in politics that are based at a broader level.
• It also excludes the parties that are extreme level from the representation at a parliament level (Ström 2022).

The disadvantages of the first past the post that is also known as FPTP, are-

• It excludes the parties at the minority level from fair representations.
• It also excludes the minorities from representing fairly (Chakrabarty 2018).
• This system excludes women from being a candidate in the parliament.
• It encourages the development of those parties who believe in ethnicity.
• It exaggerates the regional fiefdoms (Chakrabarty 2018).
• It also leaves the huge numbers of votes that are wasted.
• This system does not respond to the changes in the opinion of the public.
• This system is also open to the manipulation of the boundaries at an electoral level (Ström 2022).

References

Barnard, C., 2019. The substantive law of the EU. Oxford University Press, USA.

Busuttil, Y., 2021. An analysis of the current judicial appointment system in Malta: the legality, observance of democratic standards, and the way forward (Bachelor's thesis, University of Malta).

Cairney, P., 2018. The majoritarian UK vs devolved consensus democracies?. Policy styles and policy-making: Exploring the linkages, p.2.

Chakrabarty, A., 2018. Is the First-Past-the-Post Necessarily the First?. Studies in Microeconomics, 6(1-2), pp.133-139.

Chamberlain QC, M., and Segan, J., 2018. Parliamentary Privilege, Article 9 of the Bill of Rights and Admissibility: What Use Can Be Made of Parliamentary Materials in Litigation?. Judicial Review, 23(1), pp.11-24.

Cladi, L., 2022. Damned If You Do and Damned If You Don’t: The Use of Prime Ministerial Discretion and the Royal Prerogative. Parliamentary Affairs, 75(1), pp.174-194.

Cox, N., 2020. The Royal Prerogative and Constitutional Law: A Search for the Quintessence of Executive Power. Routledge.

Craig, P., 2019. Brexit and the UK Constitution. The Changing Constitution, p.95.

Dunleavy, P., 2019. First-past-the-post: normal (disproportionate) service has resumed. British Policy and Politics at LSE, pp.1-4.

Fahey, E., 2020. Digital trade and data equivalency: Research briefing for the Welsh parliament. Digital Trade and Data Equivalency: Research Briefing for the Welsh Parliament (External Affairs Committee of Senedd Cymru (Welsh Parliament)(April 2020).

Foster, S., 2022. The Rule of Law in the UK Constitution: not a Priti sight. Law Journal, 26(2), pp.1-21.

Gillis, M., 2022. Can We Talk? The Application of the Public Law Democratic Dialogue Model to the Interactions between Domestic Legislatures and the European Courts. German Law Journal, 23(1), pp.56-78.

Gordon, M., 2020. Referendums in the UK constitution: authority, sovereignty, and democracy after Brexit. European Constitutional Law Review, 16(2), pp.213-248.

Hankivsky, O., De Merich, D. and Christoffersen, A., 2019. Equalities ‘devolved’: experiences in mainstreaming across the UK devolved powers post-equality act 2010. British Politics, 14(2), pp.141-161.

Harvey, D.J., 2021. Should loot boxes be considered gambling, or can Self-Regulation and Corporate Social Responsibility solve the loot box issue? A review of current UK law and international legislation. Interactive Entertainment Law Review, 4(1), pp.48-62.

Jack, M.T., Sargeant, J., and Pannell, J., 2022. A framework for reviewing the UK constitution.

Jones, B.C., 2018. The rule of law in UK public law textbooks: from critique to acceptance?. Forthcoming in Public Law.

Karnaushenko, L.V., 2021. Natural Law and Positive Approaches: Overcoming the Contradictions between Them. Bull. Kazan L. Inst. MIA Russ., 44, p.171.

Küpper, F.C. and Kamenos, N.A., 2018. The future of marine biodiversity and marine ecosystem functioning in the UK coastal and territorial waters (including UK Overseas Territories)–with an emphasis on marine macrophyte communities. Botanica Marina, 61(6), pp.521-535.

Lee, J. and Bao, Y., 2021. Private law and public regulation for investor protection in the asset management industry: Aims and practices of transposing the UK model in China. Maastricht Journal of European and Comparative Law, 28(1), pp.59-82.

Lemprière, M. and Lowndes, V., 2019. Why did the North East Combined Authority fail to achieve a devolution deal with the UK government?. Local Economy, 34(2), pp.149-166.

Maseru, T., 2020. The Judicial Service Commission and the appointment of Women: more to it than meets the eye. International Journal of the Legal Profession, 27(2), pp.161-174.

Maurici QC, J. and Habteslasie, A., 2019. When Does the "No Substantial Difference Test" Make a Difference in Judicial Review Applications? Does the outcome Differ, Depending on Whether the Case is Based on EU or UK Law?. Judicial Review, 24(2), pp.127-156.

McCrone, D., 2019. Peeble them wi’stanes: Twenty years of the Scottish Parliament. Scottish Affairs, 28(2), pp.125-151.

Meng, X., 2021. Redefining the Rules on Judicial Review Application in Uk Can Ensure It is Available to Protect the Rights of the Individuals against an Overbearing State.

Moss, P. and O’Brien, M., 2019. United Kingdom: Leave policy and an attempt to take a new path. Parental leave and beyond. Recent international developments, current issues, and future directions, pp.57-73.

Nand, N., 2018. Parliamentary privilege, discipline/suspension of members of Parliament-the Fiji experience. JOURNAL OF SOUTH PACIFIC LAW, 2018(2018), pp.41-64.

Oakes, A.R., 2020. JUDICIAL REVIEW AND THE POLITICO-LEGAL CONSTITUTION. Juris Poiesis-Qualis B1, 23(32), pp.649-656.

Putrijanti, A., 2021. The jurisprudence of State Administrative Courts in The Development of State Administrative Law. Jurnal Penelitian Hukum De Jure, 21(2), p.161.

Raney, T. and Collier, C.N., 2022. Privilege and gendered violence in the Canadian and British Houses of Commons: a feminist institutionalist analysis. Parliamentary Affairs, 75(2), pp.382-399.

Salmon, T., 2018. An Oxymoron: the Scottish Parliament and foreign relations?. In Scotland: The Challenge of Devolution (pp. 164-182). Routledge.

Spano, R., 2018. The future of the European court of human rights—Subsidiarity, process-based review, and the rule of law. Human Rights Law Review, 18(3), pp.473-494.

Ström, V., 2022. The First Past the Post System and its Effects on Democratic Representation in the British Parliament.

Taylor, R.B., 2018. Late to the party: chronicling the role of the courts in the continuing evolution of UK public law. Comparative Legal History, 6(1), pp.124-151.

Tita, C.C. and Tita, V.D., 2020. Natural Law and Its Influence on the Legal Rules of Positive Law. JL & Pub. Admin., 6, p.97.

Van der Sloot, B. and van Schendel, S., 2021. Procedural law for the data-driven society. Information & Communications Technology Law, 30(3), pp.304-332.

Varuhas, J.N., 2020. Evidence, Facts and the Changing Nature of Judicial Review. U of Melbourne Legal Studies Research Paper, (918).

Wallinga, MW, 2020. MiFID I MiFID II and private law: towards a European principle of civil liability?. In Financial Regulation and Civil Liability in European Law. Edward Elgar Publishing.

White, S., 2021. Brexit and the Future of the UK Constitution. International Political Science Review, p.0192512121995133.

Zackin, E., 2020. Leslie F. Goldstein: The US Supreme Court and Racial Minorities: Two Centuries of Judicial Review on Trial. (Cheltenham, UK: Edward Elgar, 2017. Pp. V, 461.). The Review of Politics, 82(1), pp.192-194.