Friday, October 29, 2010

REMINDERS FOR TODAY: NO CLASSES, ASSIGNMENT

I wish to remind you that there will be no class today, FRIDAY, 29th October or Tomorrow, Saturday, 30 October.

Students are reminded to hand in their assignments tomorrow as discussed.

Victor Brobbey

Friday, October 22, 2010

Tutorial Questions for 23 October 2010

Please prepare answers to the following questions for tomorrow's tutorial.


1. Under the United Kingdom's Constitution, constitutional conventions play a key role in maintaining flexibility. Their lack of a clear definition and uncertain application make reform essential.

Discus. What, if anything is your preferred option for reform.

2. Discuss the nature and importance of the doctrine of Separation of Powers making reference to the constitutional arrangements of the United Kingdom.

3. "The rule of law enforced by the courts is the ultimate controlling factor on which our constitution is based". (Lord Hope of Craighead in Jackson v Attorney-General)

Discuss

Friday, October 15, 2010

Definition of Conventions from Dicey & Marshall/Moody

Conventions are not easy things to define: Marshall & Moody Define Conventions as: 

rules of constitutional behaviour which are considered to be binding by and upon those who operate the constitution but which are not enforced by the law courts…nor by the presiding officers in the Houses of Parliament.

Also, the Noted Constitutional Law Scholar Albert Venn Dicey – Defines Conventions as:

The rules which make up constitutional law, as the term is used in England, includes two sets of principles or maxims of a totally distinct character. The once set of rules are in the strictest sense ‘laws’ since they are rules which …are enforced by courts; these rules constitute “constitutional law” in the proper sense of the term, and may for the sake of distinction be called collectively “the law of the constitution”

 The other set of rules consists of conventions, understandings, habits or practices which, though they may regulate the…conduct of the several members of the sovereign power…are not in reality laws at all since they are not enforced by the courts. This portion of constitutional law may, for the sake of distinction, be termed “conventions of the constitution” or constitutional morality”

Tuesday, October 12, 2010

Class On Friday (15 October 2010)

Students are reminded that there will be a class this Friday, 15th October 2010. We will be covering the Rule of law and finishing off Separation of Powers.