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British Government and the Constitution

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The case of R v Chief Constable of Sussex, ex parte ITF Ltd, dealt with public opposition, by means of demonstrations, against the export of live animals. The police authorities asked the exporting company to curtail its export activity, as they were unable to provide the necessary resources for the level of exports envisaged by the company. The exporters applied for a judicial review against this decision of the Chief Constable for breach of national law and violation of Article 29 of the EC Treaty. Their Lordships rejected both of these claims.

In their decision, the House of Lords opined that the Chief Constable’ s actions were not possessed of sufficient unreasonableness to warrant a challenge by a judicial review. Regarding the alleged violation of EC Law, their Lordships held that even if the Chief Constable’ s actions fell under the scope of Article 29; they would nevertheless, be permitted by Article 30, which permits controls on imports if public policy considerations are involved. Human rights have to be protected by the rule of law. This is indispensable; otherwise, the people may be forced to resort to rebellion, in order to overthrow a tyrannical regime.

The rule of law is different from the modern concepts of democracy, justice, equality, human rights and the dignity of men. The rule of law does not have any moral content in it. The decisions arrived at by processes that had been approved of by the majority of the populace have to be implemented and every person has to comply with it. If this is not done, the democratic system will be destroyed. This aspect makes it clear that the rule of law is not a unique trait of democracies.

It is most appropriate and well suited for non – democratic and arbitrary states which dishonor the individual rights. It is important to note that the absence of a written constitution precludes the necessity for special majorities to modify the constitution. Thus, in the case of the United Kingdom, the constitutional reality is endowed with flexibility and admits of a quick change.

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preview essay on British Government and the Constitution
  • Pages: 10 (2500 words)
  • Document Type: Case Study
  • Subject: Law
  • Level: Undergraduate
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