Introduction to the Study of the Law of the Constitution

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Pharmaceutical Manufacturers Association of South Africa and Another: In re Ex Parte President of the Republic of South Africa and Others [2000] ZACC 1; 2000 (2) SA 674; 2000 (3) BCLR 241 (Pharmaceuticals) para 80. Constitutional supremacy has various implications for a state, state actors, and persons within a state’s jurisdiction, primarily that the rules in a constitution both establish and constrain the exercise of state power [2]. A state can only act in terms of its constitution. If it exceeds the bounds of the constitution its conduct is legally invalid. Dicey, A. V. (1959). Introduction to the Study of the Law of the Constitution (10ed.). London: Macmillan. Dicey, A. V. (1885). Lectures Introductory to the Study of the Law of the Constitution (1ed.). London: Macmillan . Retrieved 5 April 2018– via Internet Archive. ; Dicey, A. V. (1915). Introduction to the Study of the Law of the Constitution (8ed.). London: Macmillan . Retrieved 5 April 2018– via Internet Archive. The 8th edition, 1915, is the last by Dicey himself. The final revised edition was the 10th, 1959, edited by E. C. S. Wade: A year after the publication of Dicey's Law of the Constitution, William Gladstone was reading it aloud in the House of Commons, citing it as the authoritative volume. It remains, to this day, a starting point for the study of the English Constitution and comparative constitutional law.

Doctors for Life International v Speaker of the National Assembly and Others [2006] ZACC 11; 2006 (12) BCLR 1399 (CC); 2006 (6) SA 416 (CC)

Summary

Walters, Mark D. (2012). "Dicey on Writing the "Law of the Constitution" ". Oxford Journal of Legal Studies. 32 (1): 21–49. doi: 10.1093/ojls/gqr031. It is clear that there is no written codified constitution in the United Kingdom. The United Kingdom is a constitutional monarchy in which the reigning monarch, either the King or Queen who is the head of the state and the sovereign, does not make any open political decisions. The responsibility of making political decisions is left to the government and the Parliament. The Parliament plays a vital role in upholding the rule of law in the United Kingdom’s constitutional system. Both House of Lords and House of Commons are important to ensure that the government is abiding by the rule of law and the proposed legislation is not in the breach of the rule of law. However, to what extent the United Kingdom upholds the rule of law should be discussed.

Holmes O, ‘Thai junta criticised as army given sweeping powers of arrest’ https://www.theguardian.com/world/2016/apr/05/thailand-junta-gives-army-sweeping-powers-of-arrest accessed 12 July 2017 Finally, it is worth noting that constitutional supremacy does not mean that Parliament can never amend the Constitution. As discussed later in the book, the Constitution prescribes various requirements for amending different sections of the Constitution [7]. Constitutional supremacy only means that all law-making and conduct must be consistent with the Constitution, including amending the Constitution. • Separation of powers Introduction identifies basic principles of English constitutional law including parliamentary sovereignty and the rule of law. [12] [11] According to Dicey, the rule of law, in turn, relies on judicial independence. [13] Sheppard, Stephen M. (2008). "Dicey, Albert Venn (1835–1922)". In Hamowy, Ronald (ed.). The Encyclopedia of Libertarianism. Thousand Oaks, CA: Sage; Cato Institute. pp.123–134. doi: 10.4135/9781412965811.n77. ISBN 978-1412965804. LCCN 2008009151. OCLC 750831024. It is when a constitution seeks to move a society towards a better version of itself instead of maintaining a status quo.Correy P, The Evolution of the Rule of Law in Thailand: The Thai constitutions (University of South Wales, Cardiff 2008) For fuller accounts, see De Vos and Freedman op cit n 2 at 3; and Stu Woolman and Jonathan Swanepoel ‘Constitutional History’ in S Woolman & M Bishop (eds) Constitutional Law of South Africa 2 ed (2003) (service 6). Allison, J. W. F. (December 2007). "History in the Law of the Constitution". The Journal of Legal History. 28 (3): 263–282. doi: 10.1080/01440360701698304. ISSN 0144-0365.

Dicey, A.V. (1896). A Digest of the Law of England with Reference to the Conflict of Laws; with Notes on American Cases by John Bassett Moore. London: Stevens and Sons Limited . Retrieved 6 April 2018– via Internet Archive. ; Dicey, A.V. (1908). A Digest of the Law of England with Reference to the Conflict of Laws (2nded.). London: Stevens and Sons Limited . Retrieved 6 April 2018– via Internet Archive.As explained at the start of this chapter, constitutional law is roughly divided into two parts: separation of powers and the Bill of Rights. The book reflects this division.