DISSERTATION PROPOSAL
FOR MASTER'S
CONSTITUTIONAL LAW
An Academic presentation by
Dr. Nancy Agnes, Head, Technical Operations, Tutors India
Group www.tutorsindia.com
Email: info@tutorsindia.com
Today's Discussion
OUTLINE
Introduction
Conclusion
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.
Contd...
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.
Contd...
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 favor 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.
Contd...
2. IS THE DRAFT CABINET MANUAL 2010 APPROPRIATE TO DETER POTENTIAL
EXECUTIVE MISUSE OF POWER?
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.
Contd...
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.
Contd...
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.
Contd...
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
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.
Contd...
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.
Contd...
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.
Contd...
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 merits-based model should be created.
Because of this, the use of environmental case law would be used.
Contd...
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.
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