A constitution is said to be un codified when there is no one document or even series of formally related documents that can be identified as лњthe constitution'. No constitution however is entirely un codified in the sense that none of its major rules are written in formal documents. Some of the major rules of the british constitution are written in statute law, which is made by parliament. Other major constitutional rules are contained in the common law, which is judge made law that has developed over the centuries.

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Statute law, which is made by parliament, is one main source of the uk constitution. For example, the parliament acts of 1911 and 1949, which regulate the maximum duration of parliament and the powers of the house of lords, are clearly part of the лњlaw of the constitution'. Other constitutional rules are contained in the common law judge made law that has developed over the centuries this is also a source of the uk constitution. For example, the royal prerogative, that is, the powers legally left in the hands of the crown, is a product of the common law. The prime minister is appointed and parliament is dissolved by royal prerogative. Britain ratified the european convention on human rights in 1951, and since 1955 has accepted the right of individual petition to the european commission on human rights, thus making eu law a source of the uk constitution.

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The sources of the uk constitution i have given thus far have been constitutional rules, which are enshrined in law some major constitutional rules/sources of the uk constitution are contained in the conventions of the constitution, that is rules that are not law. For example, it is a convention that the monarch must assent to any bill passed by the two houses of parliament. Even some conventions, however, are codified in the sense that they are contain botox is the trade name for the medical derivative of the botulinum toxin. While botulinum toxin is the most potent neurotoxin known to man, botox is commonly used cosmetically. In minute, diluted doses, botox is injected to specific muscles, causing local flaccid paralysis. Botox is also available under the names dysport, myoblock, xeomin, and neuroblock. Schantz prepared a batch of botulinum toxin to study its use as a drug for producing weakness of extraocular muscles in treatment of facial and eyelid spastic disorders.

These patients reported back other benefits, such as the improvement in facial lines, in addition a reduction in spasms. These data led to the study of botox as treatment for other facial wrinkles mendez eastman, 2003. Botulinum toxin is among the most deadly naturally occurring neurotoxins, produced by the naturally occurring clostridium botulinum and causing the fatal disease botulism. Dicey called this a judge made constitution and he viewed this form of constitution to be superior to a written constitution , boulet, 2002 therefore defending the rights of the individuals, the constitution is said to originate from around the time of oliver cromwell, although it is also said that it was established around the time of the battle of hastings with the constitution as being one of parliamentary sovereignty. When we actually study the constitution that the united kingdom has, it is believed that one rules with definitive control, for example, a monarch or prime minister, this though, is clearly not the case, as the uk has both monarch and prime minister and one such reason that can be found for this, is the separation of powers. The separation of powers is a procedure which excludes solitary rule by a single individual, thus avoiding the situation of living under the rule of a dictatorship, with the separation, this means, that if one person or section of the government, wanted to take complete power, they would fail as the separation restricts this from happening, by delegating three different branches, certain powers, no power exceeding the other. Montesquieu views in the past have come under criticism though, due to the inaccuracies in which they contain, as it represents a description of an idealised state than in reality.

Barnett, 2004 he also believed that the separation of powers would cause strain and interfere with the balance of the government this is why montesquieu places so much emphasis on just a partial separation, which appears to have been endorsed by uk judges e.g. Lord templeman in m v home office 1993 3 all er 537, 540 , alder, 2007 in which a citizen of zaire, seeking asylum resulted in a mandatory interim injunction against an officer of the crown, had been made without jurisdiction. Home office, 1993 this is also echoed in the fact that being ruled by parliament or a sovereign would render a total separation unworkable, leading to constitutional stalemate, suggesting that there would then be three ruling bodies.

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There’s also the issue of the delegate, as delegated or secondary legislation raises important questions related to the separation of powers this basically denoting that laws and other regulations can be enacted by the local governments, therefore, becoming an abuse of power, with the power of the legislature being used by the executive in a way that would undermined the rule of parliament. Other issues that have arisen, for instance may well be that parliament, also has the power to intervene and change a ruling made in legal cases, it appears, that parliament make laws and not the judges, they just interpret it, this is where precedent comes from, president meaning, the following of previous legal decisions, although judges can change the decision, and in addition it is also able to reflect changes in society. Barnett, 2004 while the common law system, tends to propose that judges are lawmakers, and not just bodies implementing parliament’s wishes as previously thought.

And then there’s parliament, or more specifically prime ministers, past prime ministers, where departing prime ministers nominate whoever they like for a peerage without checks on the candidates’ suitability , schofield, 2007 this is what happened in the case of peter mandelson, a way of getting him in the government, due to him already being involved in the european union. Also this act also aims at giving judicial independence in which the act enshrines in law a duty on government ministers to uphold the independence of the judiciary. Modernising the magna carta, 2008 so with the separation of powers, this represents the vision of a good government structure, by the way in which it has distributed the powers equally, thus becoming ineligible from instability, creating a fair and balanced government, as this offers a excellent arrangement for the government and also the public and what's more protects public interest from exploitation by governments and their policies. Because in reality the government has a whole load of powers at its disposal, including powers such as the royal prerogative, monarchy powers entrusted in members of parliament, e.g. Powers to go to war and that mp’s can obtain the crown immunity, as technically they are members endorsed by the crown. If you are the original writer of this essay and would like it removed from ukessays please email the url of this essay to us via the link below.

How entrenched or rigid should a state's constitution be? a constitution is defined as a frame of political society, organised through and by law that is to say one in which law has established permanent institutions with recognised functions and definitive rights wolf phillips, 1972:7. Thus a constitution in itself is a legal framework through and by which a state is governed. This essay will asses factors that benefit and hinder constitutions based upon their depth of entrenchment.

The united kingdom has no constitution set down in a fully written legal document however this is not to say that the united kingdom lacks constitution. In ‘the law and the constitution’ 1959 ivor jennings writes, if a constitution means a written document, then obviously great britain has no constitution…but the document itself merely sets out rules…the phrase ‘british constitution’ is used to describe those rules. This quote highlights the idea that although the united kingdom lacks one single document outlining the institutional rules and regulations, it still has a constitution. The house of lords select committee on the constitution 2002 expanded this idea by stating the british constitution… is not ‘unwritten’…but it is uncodified. The lack of codification in the constitution can definitely lead one to the thought that the constitution is indeterminate. There are three very distinct places in which to find the british constitution the first is in statutes set out by parliament.

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There is much debate over which acts are actually constitutional documents in thoburn v sunderland city 2002 ewhc admin 195 laws j gave a list of statutes that are believed to be constitutional examples include the magna carta 1297, bill of rights 1689,union with scotland 1706 and the human rights act 1998. There is however debate over certain other statutes such as treason act 1351, parliament act 1911, police and criminal evidence act 1984 and constitutional reform act 2005, along with various other acts. The fact there is so much debate over which acts are constitutional and which are not supports the idea that the british constitution is indeterminate and wholly indistinct, by having so many different acts that may contain important constitutional issues it makes the law regarding the constitution incredibly uncertain to all people. The constitution is ideally as stated by the house of lords select committee on the constitution 2002, ‘the set of laws, rules and practices that create the basic institutions of the state, and its component and related parts, and stipulate the powers of those institutions and the relationship between different institutions and between those institutions and the individual. If the constitution is supposed to set out the relationship between the institutions and the individual how is it possible to ascertain this information when there are so many areas and statutes to consult? similarly statute law on the constitution is virtually un entrenched and unprotected.