English Constitutional Law

Paper Summary:

This paper discusses the Constitutional Reform Act of 2005, which enshrines in law, for the first time, a duty on government ministers to uphold the independence of the judiciary. The paper describes the history and the scope of the law, as well as its purpose. In addition, the paper discusses the Constitutional Reform Act with relation to English constitutional law and its need for reform.

From the Paper:

"The scope of judicial review today is almost unrecognisable compared to that of 25 years ago, and judges are more willing to intervene to ensure that the body in question acts in a procedurally correct manner, even when such a decision may impugn on the authority of the executive. For example in the case of Anisminic Ltd v Foreign Compensation Commission , where a statutory provision seemed to exclude the courts' supervisory jurisdiction, the court, according to Wade and Forsyth, acted in a way of "total disobedience to Parliament" by recognising a broad concept of jurisdiction. Further, in the Pergau Dam case, Lord Irvine argues that the court "took away from the executive a considerable degree of autonomy" in holding that the Secretary of State's decision was unlawful. He continues arguing "it is this type of judicial activism which begins to blur the boundary between appeal and review, thereby undermining the constitutional foundations on which the courts' supervisory jurisdiction rests"."

Sample of Sources Used:

• Constitutional Reform Act 2005
• Human Rights Act 1998
• European Convention on Human Rights 1959
• Anisminic Ltd v Foreign Compensation Commission [1969] 2 AC 147
• Duport Steels Ltd v Sirs [1980] 1 WLR 142

More papers on English Constitutional Law:

• Term Paper # 101475 : "The British Constitution"
• Essay # 6704 : "Public Order Powers of the English Police"
• Term Paper # 144996 : "History of Criminal Law"

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