Dissertation proposal for Master's
Constitutional Law
Dr. Nancy Agnes, Head, Technical Operations, Tutorsindia info@ tutorsindia.com
I.INTRODUCTION
Constitutional law is concerned with the
political administration of the United
Kingdom, as well as other jurisdictions on
occasion. It is a body of law that
determines the role, powers, and structure
of various institutions within a state,
including the executive, legislature, and
judiciary. Since it is unwritten, relying on
a mixture of legislation, case law, and
political
conventions,
the
United
Kingdom's constitution is frequently the
subject, especially when researching
within this jurisdiction.
This page provides you with a list of six
dissertation proposals and ideas in the
fields of public, constitutional, and
administrative law for Masters. Please use
these subjects as a starting point for your
own masterpiece.
1. Is it appropriate to place the British
Constitution in writing?
Barber and Bogdonor et al. suggest that
the central crisis, which is the relational
control between parliament and the
judiciary, requires a "true consideration"
because the powers have become so fused.
Bogdonor and his colleagues argue in
favour of a written constitution, while
Barber opposes it. While both agree that a
new constitutional model is needed, they
disagree on the essence of a written and
unwritten solution. This investigation
would look into how the existing model is
no longer appropriate and what shape the
re-alignment could take.
2. Is the Draft Cabinet Manual 2010
appropriate to deter potential Executive
misuse of power?
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The merger of the British legislature and
executive has long been criticized for
failing
to
provide
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 of whether 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 has changed; therefore, it
should be used. In fact, the failure to use
the Draft Cabinet Manual 2010 indicates
that little has changed; therefore, a
stronger legal right to challenge abuse of
power should be created.
3. Is the Bill of Rights in the United
Kingdom needed to strike a balance
between rights and responsibilities?
The British Bill of Rights is challenging
the ECHR (European Convention on
Human Rights); however, the question to
be raised is whether this is merely to
strengthen governmental power and
restrict rights. As a result, the aim of this
discussion is to see whether the rights and
responsibilities claim 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 the
traditional civil liberties approach and the
proposed approach in the Rigby Bill.
4. Is the Royal Prerogative a necessary
feature of Britain's constitution?
This dissertation topic will look at the
legal reasons for the Royal Prerogative in
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England. Despite Dicey's disapproval, the
case law has upheld this strategy.
However, as R (Bancoult) v Secretary of
State for Foreign and Commonwealth
Affairs and A v Secretary of State for the
Home Department [2005] and All ER (D)
149 WLR 87 is the second of two WLRs.
As a result, the focus of this discussion
will be on the essence of the Royal
Prerogative, Dicean criticisms, and other
relevant topics.
5. Are the current models of statutory
interpretation adequate, particularly in
light of the European Court of Justice's
(ECJ) and European Court of Human
Rights' (ECtHR) jurisprudence, which
suggests that judges should take a more
active role?
The literal, golden, mischief, or purposive
law is the standard approach to statutory
interpretation. The following investigation
will look into whether judicial activism
should be permitted in statutory
interpretation, particularly in light of the
judicial models used by the ECJ and the
ECtHR, which are being specifically
implemented in English courts. 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.
6. Is the absence of a merits-based
appeal in English law a sign that
judicial
review
in
complicated
environmental cases is failing?
The role of judicial review in English law,
which is limited to a procedural model,
will be explored in this dissertation
subject. The problem with this approach is
that complicated cases, which would be
better served by a merits-based appeal, are
not adequately considered. On this basis,
merit-based administrative procedures
must be considered. As a result, a
comparative case study of administrative
law in Australia and England will be
conducted in order to decide if a meritsbased model should be created. Because of
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this, the use of environmental case law
would
be
used.
II. CONCLUSION
The English Legal System, as well as
Constitutional Law, can be categorized
into two main groups. To begin, it is
necessary to understand the constitution's
existence, which includes conventions and
the rule of law. Second, the executive and
parliament must be assessed, which may
include topics such as legislative passage
through Parliament, legislative delegation,
deregulation, and relationships between
Parliament, the crown, and the Royal
Prerogative, as well as the relationship
between the executive, legislative, and
judicial functions of the state.
REFERENCES
1. https://www.dissertations.se/about/Con
stitutional+Law/
2. https://uu-img.s3.ap-south1.amazonaws.com/2015/06/Dissertatio
n_LLM_2015.pdf
3. https://www.rathishyam.com/how-tocome-up-with-constitutional-lawdissertation-topics.php
4. https://digitalcommons.law.uga.edu/stu
_llm/
5. https://www.llmstudy.com/blog/Howto-choose-a-topic-for-your-LLMdissertation/
6. http://uir.unisa.ac.za/handle/10500/275
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7. https://era.ed.ac.uk/handle/1842/1901
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