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DISSERTATION PROPOSALFOR MASTER'SCONSTITUTIONAL LAW

Introduction

Conclusion

OUTLINE

Today's Discussion

INTRODUCTIONConstitutional law is concerned with the politicaladministration of the United Kingdom, as well as otherjurisdictions on occasion.

It is a body of law that determines the role, powers, andstructure of various institutions within a state, includingthe executive, legislature, and judiciary.

Since it is unwritten, relying on a mixture of legislation,case law, and political conventions, the UnitedKingdom's constitution is frequently the subject,especially when researching within this jurisdiction.

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This page provides you with a list of six dissertation proposals and ideas in thefields of public, constitutional, and administrative law for Masters.

Please use these subjects as a starting point for your own masterpiece.

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Barber and Bogdonor et al. suggest that the central crisis, which is the relationalcontrol between parliament and the judiciary, requires

a "true consideration" because the powers have become so fused. Bogdonor and hiscolleagues argue in favor of a written constitution, while Barber opposes it.

While both agree that a new constitutional model is needed, they disagree on theessence of a written and unwritten solution.

This investigation would look into how the existing model is no longer appropriate andwhat shape the re-alignment could take.

1. IS IT APPROPRIATE TO PLACE THE BRITISH CONSTITUTION IN WRITING?

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The merger of the British legislature and executive has long been criticized for failing toprovide the requisite independence that the Dicean model requires.

R v HM Treasury, ex parte Smedley [1985], on the other hand, was a landmark case.

The English rule of law is based on the division of powers. As a result, the issue ofwhether there are adequate safeguards in place to deter power abuse arises.

In reality, the failure to use the Draft Cabinet Manual 2010 shows that nothing haschanged; therefore, it should be used.

2. IS THE DRAFT CABINET MANUAL 2010 APPROPRIATE TO DETER POTENTIALEXECUTIVE MISUSE OF POWER?

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In fact, the failure to use the Draft Cabinet Manual 2010 indicates that little haschanged; therefore, a stronger legal right to challenge abuse of power should becreated.

The British Bill of Rights is challenging the ECHR (European Convention on HumanRights); however, the question to be raised is whether this is merely to strengthengovernmental power and restrict rights.

3. IS THE BILL OF RIGHTS IN THE UNITED KINGDOM NEEDED TO STRIKE ABALANCE BETWEEN RIGHTS AND RESPONSIBILITIES?

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As a result, the aim of this discussion is to see whether the rights and responsibilitiesclaim presented in the Justice Department's Green Paper: Rights and Responsibilities:Developing Our Constitutional Framework 2009 is true.

As a result, the ECHR's human rights jurisprudence will be compared to both thetraditional civil liberties approach and the proposed approach in the Rigby Bill.

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This dissertation topic will look at the legal reasons for the Royal Prerogative inEngland.

Despite Dicey's disapproval, the case law has upheld this strategy.

However, as R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairsand A v Secretary of State for the Home Department [2005] and All ER (D) 149 WLR87 is the second of two WLRs.

As a result, the focus of this discussion will be on the essence of the RoyalPrerogative, Dicean criticisms, and other relevant topics.

4. IS THE ROYAL PREROGATIVE A NECESSARY FEATURE OF BRITAIN'SCONSTITUTION?

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The literal, golden, mischief, or purposive law is the standard approach to statutoryinterpretation.

The following investigation will look into whether judicial activism should be permitted instatutory interpretation, particularly in light of the judicial models used by the ECJ andthe ECtHR, which are being specifically implemented in English courts.

5. ARE THE CURRENT MODELS OF STATUTORY INTERPRETATION ADEQUATE,PARTICULARLY IN LIGHT OF THE EUROPEAN COURT OF JUSTICE'S (ECJ) ANDEUROPEAN COURT OF HUMAN RIGHTS' (ECTHR) JURISPRUDENCE, WHICHSUGGESTS THAT JUDGES SHOULD TAKE A MORE ACTIVE ROLE?

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As a result, the focus of this dissertation will be on the ECHR and ECJ's jurisprudence,as well as whether the legislative models with English Law should be expanded.

The role of judicial review in English law, which is limited to a procedural model, will beexplored in this dissertation subject.

The problem with this approach is that complicated cases, which would be betterserved by a merits-based appeal, are not adequately considered.

6. IS THE ABSENCE OF A MERITS-BASED APPEAL IN ENGLISH LAW A SIGN THATJUDICIAL REVIEW IN COMPLICATED ENVIRONMENTAL CASES IS FAILING?

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On this basis, merit-based administrative procedures must be considered.

As a result, a comparative case study of administrative law in Australia and Englandwill be conducted in order to decide if a merits-based model should be created.

Because of this, the use of environmental case law would be used.

CONCLUSIONThe English Legal System, as well as ConstitutionalLaw, can be categorized into two main groups.

To begin, it is necessary to understand the constitution'sexistence, which includes conventions and the rule oflaw.

Second, the executive and parliament must beassessed, which may include topics such as legislativepassage through Parliament, legislative delegation,deregulation, and relationships between Parliament, thecrown, and the Royal Prerogative, as well as therelationship between the executive, legislative, andjudicial functions of the state.

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