Essay Examples on UK

The Rule of Law is the absolute Doctrine of Justice in the UK's Constitution.

The rule of law is the absolute doctrine of justice which encapsulates the UK's uncodified constitution. It limits the powers of the government and of the Crown in order to ensure that the nation's rights and liberties are respected therefore avoiding an arbitrary form of government in the country. The UK's constitution is set in such a manner that it requires institutions, government officials and courts to abide by the general rule of law in everything they do and every decision they make. The eminent British constitutional law theorist Sir Albert Venn Dicey was the first to discuss the concept of the rule of law, its importance and its meaning in the context of the British government. In his book Introduction to the Study of Law of the Constitution, he set three fundamental principles on the rule of law. These are a man can only be punished if found guilty, of a breach of law at a trial, before an ordinary court of the land nobody is above the law, as he states every official from the Prime Minister down to a constable or collector of taxes is under the same responsibility for every act done without legal justification, as any other citizen and the constitution is the product of the ordinary law of the land.

2 pages | 432 words

Discuss how the European Union, EU law is enforced with a focus on the UK Key enforcement mechanisms.

This essay will discuss how the European Union, EU law is enforced with a focus on the UK Key enforcement mechanisms that are used by the EU will be discussed such as supremacy. Finally, potential deals that the UK could do post-Brexit, such as Norway will be discussed. One key mechanism is supremacy. Supremacy was discussed in Van Gend en Loos. The court stated that the Community constitutes a new legal order in international law for whose benefit the States have limited their sovereign rights, albeit within limited fields. However, Costa v ENEL held that where national law is found to be incompatible with EU law, then EU law shall prevail. This was seen in the UK in Macarthys v Smith in which Lord Denning stated the treaty takes priority over anything in our English statute whenever there is any inconsistency. Community law has priority. Thus backing up Costa in that EU law is supreme over UK law. Another mechanism is direct effect Eur lex states that the principle of direct effect enables individuals to immediately invoke a European provision before a national or European court. Eur lex goes on to state that the direct effect principle, therefore, ensures the application and effectiveness of European law in EU countries.

2 pages | 418 words

Britain leaves the European Union making reference to certain countries

Throughout this piece, the focus shall be on the potential agreements that could be reached once the UK leaves the EU making reference to certain countries such as Norway and Switzerland, who have alternate agreements to ensure they comply with their respective laws. As well as this the key mechanisms the EU enforces shall be discussed, these include direct effect supremacy indirect effect and state liability. A key mechanism is a direct effect that is regarded as one of the twin pillars of European law. The EUR Lex website states it is the power to directly invoke European acts before national and European courts. The direct effect may apply to Treaty articles secondary legislation such as regulations directives and decisions and finally treaties with third countries In Van Gend en Loos according to the EUR Lex website the Court stated that European law not only engenders obligations for EU countries but also rights for individuals. Direct effects intensity is twofold vertical and horizontal. The vertical direct effect according to Practical Law means the EU legislation can be enforced against the state or emanation of the state and can be viewed in Defrenne v SABENA which is a case involving gender-equal pay.
2 pages | 402 words