Silent Features of Uk Constitution
Silent Features of Uk Constitution
Silent Features of Uk Constitution
(iv) Flexible Constitution: The constitution of Britain is flexible. The conventions or traditions
of this constitution are amended by the British Parliament with simple majority. It can be
passed, amended and repealed by simple majority of Parliament since no distinction is made
between a constitutional law and an ordinary law. Both are treated alike. The element of
flexibility has length the virtue of adaptability and adjustability to the British constitution. This
quality has enabled it to grow with the needs of time.
(v) Difference between Theory and Practice: In British administration , there is a difference
between theory and practice. In theory there is monarchy where the powers are exercised by
crown but in practice the powers are exercised by Prime Minister and its Council of Ministers.
(vi) Parliament is Supreme: British Parliament enjoys enormous rights. Any law sanctioned by
Parliament can’t be challenged in law courts.
(vii) Unitary Administration: The British administration is unitary in nature. All powers of the
government are vested in the British Parliament, which is a sovereign body. The executive
organs of state are subordinate to it and exercise delegated powers and are answerable to it.
There is only one legislature. England, Scotland, Wales etc. are administrative units and not
political autonomous units.
(viii) Citizens Rights: In Britain the citizens enjoy the right to liberty, equality, justice, security
from exploitation and judicial remedies.
(ix) Rule of Law: In Britain, rule of law is prevalent where all are equal before law. This
doctrine emphasizes the supremacy of the law and not of any individual.
No one can be detained or imprisoned without a fair and proper trial by a competent court of law.
Nor can a person he punished or deprived of his life, liberty or property except for a specific
breach of law proved in an ordinary court of law by an ordinary procedure. A corollary to this
principle is the doctrine that, "the King/Queen can do no wrong".
(x) Combination of different administrative systems: In British administration there is a
mixed system of monarchy, aristocracy and democracy. The institution of Kingship shows that
there is monarchy in England. The existence of House of Lords gives an idea that .England has
an aristocratic type of government. The House of Common reflects actual working of a Full-
fledged democracy in this country. But all these diverse political elements have been beautifully
welded together to produce the final effect of perfect representative democracy.
(xi) Two-Party System: In Britain there are two major political parties, i.e., conservative party
and labour party.
Role of Conventions
A necessary corollary to the unwritten character of the constitution is that the conventions play a
vital role in the British political system. For example, while the Queen has the prerogative to
refuse assent to a measure, passed by Parliament, but by convention, she cannot do so and the
same has become a rigid principle of the constitution itself. By Convention, again, the Queen
cannot go against the advice of the cabinet. Likewise, there are dozens of conventions, which do
not have any force of law yet they are scrupulously adhered to and constitute the very blood and
flesh of the constitution.
Independence of Judiciary
The Rule of Law is safeguarded by the provision that judges can only be removed from office for
serious misbehavior and according to a procedure requiring the consent of both the houses of the
Parliament. So, the judges are able to give their judgments without any fear or favor.
Besides these, there are some other features of the British constitution, which are as follows:
Constitutional Monarchy
Bi-Party System
Referendum etc.