ABSTRACT

The structure of central government When society develops to the point where the activities of its members need to be directed and controlled, it will require a government. The tasks of government are: to formulate and carry out policies, which is its executive function; to frame laws, which is its legislative function; and to enforce those laws, which is its judicial function. At the same time as it grants power to a government to fulfil these functions, society wants to see control exercised over the government so that it does not become too powerful or dictatorial. Such control is exercised through the rules of the constitution, rather as a club or association is controlled by means of its rules. A striking feature of the British Constitution is that it is unwritten. Unlike countries such as France or the USA, we cannot point to one document embodying our guaranteed rights. Nevertheless, important constitutional laws are contained in a number of historic Acts of Parliament. These Acts are not invested with any special protection and could be revoked or altered by the same processes as any other Act of Parliament. Thus, whilst the European Convention on Human Rights is now part of UK Law and the UK is a member of the European Community, the Acts of Parliament which give effect to Human Rights Law and European Community Law in the UK could be repealed by the UK Parliament (though, certainly in the case of the European Community, not without causing considerable political problems). By contrast, in certain foreign constitutions there are entrenched provisions which can only be changed by special procedures.