Constitutional law Essay Example | Topics and Well Written Essays - 2000 words - 1

Constitutional law - Essay Example The powers of the government should be controlled in order to ensure that its exercise of such powers does not cause destruction of the values it intended to uphold.4 According to the rule of law, an individual can only be punished in case of breach of the law.5 "Everyone is equal before the law and no one is above the law."6 It is the responsibility of the court to provide a remedy for any breach of an individual right. â€Å"The wider concept of rule of law fits with the idea of a codified constitution articulating a form of ‘higher law;’ or a set of shared community values which the people adopting the constitution wish to promote and protect, and against which they wish all other legislation to be measured.†7 The uncodified UK law does not provide these differences, but it affirms to that the government is subject to the law and so it is under the control of the courts.8 Therefore, the court themselves must be free of government’s influence in order to control the government effectively. In order to avoid concentration of too much power to a single body there should be separation of powers between the three governme nt institutions for effective application of law as established in various constitutions recognizing various government institutions.9 The constitutional theorists have recognized the role of government in the society by expressing their determination to put the government under control and establish a limit on how the government exercises its constitutional powers.10 The doctrine of separation of powers remains the main guiding principle for the proper organization of government.11 However, as suggested by the Montesquieu model of separation of power the theory of separation of powers has not been fully implemented. His model suggests partial separation of persons and functions of various branches of the government.12 The UK constitution has