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LLB Notes Part 1

According to HEC Law Syllabus

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UK / USA CONSTITUTION

Lecturer: Mobushar Iqbal Chohan

Advocate High Court

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very thankful to all the students who appreciated my work and received them warmly. In these
notes the law has been elaborated with the help of landmark judgments which is delivered by the
Hon’ble Courts and has been written for the examination point of view and i hope that these notes
will also be received warmly by the students and may led to the success in the examination as well
as in their profession.

The below-given notes prepared for the students of the LLB. The subject is very technical, and i have
taken every step to ensure that these notes may fulfill the need of the students, but there may be
some shortcomings or flaws in it, so every suggestion for the improvement of these notes will be
warmly welcome.”

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Your Well Wisher

Lecturer: Mobushar Iqbal

ADVOCATE HIGH COURT

LLB. LLM. Msc. Dipl communication skills

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USA Constitution:

Q # 01: Explain the doctrine of judicial review.

1) Preface Fact
In the United States, judicial review is the ability of a court to examine and decide if
a statute or treaty violates the provisions of existing law of the United States
Constitution. Judicial review is one of the most important features of the U.S
constitution. It is the power of the Supreme Court to declare unconstitutional to an act
of the congress which is in the opinion of the court is contrary to the constitution.
Judicial review is an exercise of the court which stops congress or executive authority to
becoming more powerful or from unlawful usage of their powers

2) Meaning of Judicial review

Judicial review is the power of Supreme Court which is used to determine constitutional
validity of a legislative act, treaty or other law makings.

3) Judicial review in U.S constitution

The U.S constitution has not expressly granted the power of judicial review to the courts but it
seems that this power has been granted indirectly in its provision

According to Article lll

The judicial power shall be vested in Supreme Court and in inferior courts

According to Article VI
According to this Article, all treaties made or shall be made under the U.S constitution,
the U.S constitution shall be supreme law of the land and judges are bound that
anything does not happen contrary to U.S constitution

4) Origin of judicial review

The power of judicial review was exercise by the court for the first time in 1803, in the following
case

A. Leading case of Marbury vs madison 1803

1. Facts of the case
1) Marbury was appointed as a justice of peace, in the district of Colombia by
President Adam, on the last day of his office, but the commission didn’t be
delivered to him
2) The next president and his secretary Madison refused to deliver the
commission of Marbury
3) Marbury petitioned a writ in Supreme court under the judiciary act of 1798

2. Decision of the case

It is written by Justice Marshall that Marbury, definitely, had a right to his commission.
But, more importantly, the Judiciary Act of 1789 was unconstitutional. In Marshall's
opinion, Congress could not give powers to the Supreme Court to issue an order
granting Marbury’s commission. Therefore, the Supreme Court could not force Jefferson
and Madison to appoint Marbury, because it did not have the power to do so

3. Brief arguments of chief justice marshal

1) The constitution is the supreme law of the land and the judges are bound to give
value to it
2) When courts are called to give value to a statute passed by congress if it is against
the interest of country ,court must give value to the latter statute
3) The powers of the legislatures are defined and limited therefore, legislature should
not breach their limits because constitution is written

5) Significance of judicial review

This power of Supreme Court or inferior courts prevents constitution from executive
power, from congress as well as from all other superior politicians to use their arbitrary
decision. By this power courts develops constitution according to the need of time

6) Application of judicial review

Following are the application of judicial review
1) Judicial review apply on federal and state law
2) It also apply to constitution of the state
3) It also applies on the treaties made by the federal
4) It also applies on orders issued by the federal and the state of executive authorities

7) Reason for judicial review

Following are the reason for the exercise of powers of judicial review
1) To keep the congress and the president within the limits of their powers
2) To increase the authority of Federal government
3) To defend the right of the property
4) To defend civil liberties and rights

8) Important cases of judicial review

Following are the important cases of judicial review
1) In McCollum vs. Maryland , the supreme court declared the state law,
unconstitional in which tax was imposed on the circulating notes of the bank
2) In 1952 the supreme court declared unconstitutional another law passed by the
congress, and gave authority to federal government to take over steel mill of the
state

9) Criticism on judicial review

The excessive use of powers of judicial review has raised the criticism on it

I. Supreme court’s sovereignty

The critics fight that the Supreme Court has expended its authority by using this power
and due to this it has become more powerful in legislation

II. One man domination

There is no power above them that can control their decisions, or correct their errors.
There is no authority that can remove them from office for any errors or lower their
salaries, and in many cases their power is superior to that of the legislature

III. Vague test of constitutionality

Everything which is against the constitution is unconstitutional but analysis by judicial
review is very vague test of constitutionality

IV. Social progress

The usage of power of judicial review of the supreme on constitutional questions, often
jam the wheel of social progress and becomes the reason of unwanted delay in official
administration

V. Stress only on legal aspects

The judges pay more stress on legal aspect and not relies upon social aspects of life such
as economic etc. while declaring law unconstitutional

VI. Domination of judiciary

The power of judicial review of the supreme court to invalidate any law passed by the
congress , indirectly is the rejection of the mandate of the people
10) Preclude Remarks
The judicial power of the Supreme Court has not made the supreme court the father of
the constitution but it has vested in the final authority of legislation. Courts by this
authority can interfere with the acts and policies of other two organs of the government
Q # 02: Explain the salient feature of American
constitution.
1) Preface Fact
A constitution means certain principles on which the government of the state organizes
and determines the relations between the people and the government. The
constitutions of U.S is unique in nature and has provided inspiration to other all
constitutions of the world. The object of the constitutions is to provided justice and to
take up against issues related to violation of rights

2) Definition of constitution
A constitution is a set of fundamental principles according to which a state is governed

3) Main sources of American Constitution

Following are the main sources to American constitution
1) Legislation
2) Amendments
3) Interpretation by Judiciary
4) Conventions
5) Presidential actions
6) Decision by executive
7) State action
8) Party system

4) Salient features of U.S constitution

Following are the salient features of the U.S constitution

1. Written
American constitution is in written form. It is very brief constitution which is consisted
of seven Article by now 26 amendments have been made in it

2. Enacted
U.S constitution is an enacted constitution which has been given by convention and it
officially has been adopted in March 4 1789.

3. Sovereignty of the people

The Preface Fact of the U.S constitution empowers the people of the U.S and it starts with
the words that, we the people of the united states have sovereign power upon
constitution

4. Supremacy of constitutional law

The constitution of U.S is the basic law of the country. The constitutional law of the
united states is being considered as supreme law of the land

5. Conventions
Conventions played an important role in the development of the constitution and they
are also basic feature of the U.S constitution e.g. the growth of the cabinet of American
president is the result of conventions

6. Rigid (Sakht)
American constitution is a rigid constitution because it requires a special procedure to
amend it. Every amendment which can be moved it needs three fourth 75% majority of
the member for its modification

7. Republican
The constitution of U.S asks to every state for formulation of republican form of
government so keeping in view , the head of the state will be an elected by the state

8. Federalism
The constitution of U.S establishes a federal form of government. Federal has all
constitutional powers and can exercise these powers as supreme authority of the state.

9. Presidential
The U.S constitution provides a presidential form of government. The constitution gives
all powers in the hand of president of U.S. He is elected by the people for the term of
four years. He is not responsible for his acts and policies

10. Bicameralism
The U.S Constitution has been created by bicameral legislatures and these are the
Senate and the House of Representatives. All constitution are being made by both of
these chambers and any amendment needs approval from both of these chambers

11. Secular (Bay Deen)

America is a secular state. It has been stated that in U.S constitution that constitution
will never make any kind of religious related law even not in favor of religion and not
against the religion

12. Balanced government

According to U.S constitution, American government is a very balance government
because senate will check the activities of House of Representatives and House of
Representatives will check the activities of the senate. The two chambers will check
each other

13. Separation of powers

The U.S constitution is based on the doctrine of separation of powers. All branches of
government as legislatives, executive and judiciary have been kept separate from each
other. The personnel of each branch is being chosen by different procedure. There
function are also different and they don’t interfere in each other

14. Checks and balances

In America there is a very strong check and balance system as president has veto power
over the enacted laws by congress and congress has power to impeach him
The president and senate elects the judges of the courts and judges has the power to
interpret laws

15. Judicial review

The United States, judicial review is the ability of a court to examine if any legal
provision violates the provisions of existing law of the United States Constitution. The
judicial review has power to refuse such provision

16. Independence of judiciary

The U.S constitution gives protection to judges and judges are totally independent
regarding their judicial decision. U.S constitution save judges from undue influence

17. Due process of law

Another feature of the U.S constitution is due process of law. The federal government
and the state are forbidden to deprive anyone’s life, liberty without any due process of
law. It means if a person makes a mistake and violates the rules of the state he should
be dealt with in the laws of the state and he will be punished according to law
punishments

18. Bill of rights

According to the U.S constitution the people of America has been given a number of
rights. These rights were not written in the original draft of the constitution but by
subsequent amendments these rights have been secured in first ten amendments

19. Dual citizenship

The U.S constitution provides dual citizenship of their natives. An American is the citizen
of the U.S.A as well as citizen of the state

20. Spoils system

American system is associated with the name of President. According to it, when the
new president takes over the charge of administration, new president made new
appointments without taking any pressure etc.

21. Representative democracy

The American constitution establishes a representative democracy. All matters of
government are in hands of chosen representative

22. Different constitution for federation and the states

The states which joined the American federation have their own constitutions, and they
all are allowed to keep as before

23. Constitutional limitations

Another outstanding feature in U.S constitution that a number of limitations on
constitution due to which there are many things which neither government can nor
state can in order to secure fundamental rights of the people of U.S.A

24. Omission
There is an err in U.S constitution that it makes an omission in it which makes it flexible
that for example, constitution says that house shall choose its speaker but its does not
tell about the powers of the speaker

5) Preclude Remarks
The U.S constitution is the oldest written constitution in all the nations of the world. It
establishes the form of government and defines the rights and liberties of the American
people. It also lists the aim of government as well as methods of achieving them
Q # 03: Explain role and powers of U.S President in U.S
constitution.
1) Preface Fact
The president of United States is performing a lot of functions in order to run the official
affairs. He has supreme authority in all aspects of the state as well as he is the executive
person of the state elected by the people. U.S president is electoral president who has
supreme authority in making foreign policies. In U.S president is responsible for making
policies and is answerable to the public. A competent president can exercise his all
powers which are not mention in U.S constitution

2) Elections of President
The United States presidential election is the indirect elections in which citizens of
the United States that are registered to vote in one of the 50 U.S. states. These electors
cast their votes in order to choose their beloved president for U.S. Election of Vice
President has the same procedure as for president

3) Position of president
The U.S constitution has vested the executive powers in the president. The President of
the United States is the elected head of state and head of government of the United
States. The president directs the executive branch of the federal government and is
the commander-in-chief of the United States Armed Forces. The President is considered
to be one of the world's most powerful political figures who is leading the world

4) Sources of powers of president

Following are the sources from where the president of the U.S derives his power and authority
1) Constitution
2) Statutes of Congress
3) Judicial decisions
4) Customs and traditions

5) Powers of U.S president

Powers of U.S president are as under
1) Executive powers
2) Legislative powers
3) Judicial powers
4) Financial powers
5) Powers in foreign affairs

I. Executive powers
The U.S constitution has vested the executive powers in the president. But is silent in
the ways that how can these powers be exercised. Different aspects of president’s
executive powers are as follows:

a) Enforcement of law
The president is responsible for the enforcement of laws which are made by the
congress. In case of any resistance ,the president has the power to use force

b) Powers of appointments
U.S president has power of appointments of official on the advice of senate as well
as some persons of the state only can be appointed by president

Recess (Waqfa) appointment

The president can appoint a person during the recess (waqfa) of the
senate and when senate come back and it can refuse to confirm the
appointment

Senatorial courtesy
Senate gives approval to presidential appointment of federal official, but
if the senator of respective district does not give his consent, then senate
will not approve the presidential appointment

c) Powers of removal
The president has power to remove an officer appointed by him or senate even
without the consent of senate

d) Chief Administrator
The president is the head of the national administration. He has powers to supervise
its operations and has the right to control the entire administration

e) Military powers
The president is commander in chief of the Armed forces of the state. He is
responsible for the defense of the United States. He has fully authorized to deploy
the armed forces anywhere in and out of the country
It was declared that president can use military in emergency with full authority

f) Executive privilege
According to supreme court of U.S, president of the united states does have a
limited privilege on the matters under his control

II. Legislative powers

Under certain conventions, president has power of legislation and congress has
appreciated the legislative role of the president

a) Messages
President can send messages to the congress having legislative proposals on
important issues and congress gives importance to those proposal during legislation

b) State of the Union addresses

The first address of the president to each session of congress is known as the state
of the union addresses. At the first session of congress president is required by law
to send congress a budget message and economic report

c) Organizing extra session of the congress

President can’t summon extra session of the congress but can summon extra
sessions of the congress under emergencies arises

d) Veto powers
The president can exercise his veto power in the legislative field. There are following
kinds of veto power

Suspensive veto
According to it, president can return the bill to the congress for
reconsideration. If the bill passed it will become law without the consent
of president

Pocket veto
A pocket veto is easy way to veto a bill. If Congress forwards a bill to the
president and president doesn’t sign or reject it, the bill isn’t passed.
That’s a pocket veto

Item veto
According to this, the president can approve parts of a bill and veto other
parts , it is called item veto

e) Executive decrees and order

The president is authorized to broadcast executive decrees and orders and these are
as valid as laws

f) Direct pressure on the congress

As the president is the leader of the nation. When presidents gets fail to win the
confidence of the house. He puts a pressure on the congress in order to achieve his
targets

III. Judicial powers

A president enjoys the following judicial powers

a) Appointment of judges
The president has power to appoint the judges with the approval of senate

b) Power of pardon
The president has power to grant pardon to offender. A pardon is a release from
liability of punishment. It can be conditional or absolute.

c) Amnesty power
The president may grant amnesty. It is group pardon given to batch of offenders it
means that all offenders would be released having same allegations

IV. Financial powers

Following are the financial powers of the president

a) General Manager of financial affairs

The president of America is the general manager of the financial affairs of the
government. He directs and control finance affairs

b) Control over budget

Federal budget is prepared by Bureau of budget under the supervision of president.
President submits estimated annual expenditure of the state for approval

V. Powers in foreign affairs

Powers of president in foreign affairs are as under

a) Diplomatic powers
The president is regarded as the chief spokesman of America in its relation with
foreign government. The most important function of the president is to formulate
the foreign policies of the county

b) Recognitions of states
The president has the authority to recognize countries. He does this ,simply by
receiving diplomatic representatives of the respective country

c) Treaty making power

With the consent of majority of two third of senate, president can make treaties
with other country

d) Agreement making power

The president has power to make agreements with other countries and there is
consent of the senate is not needed in this regard

e) Declaration of war
The president of U.S has power to declare war with the consent of senate

f) Termination of hostilities
The president of U.S has exclusive power to terminate hostilities

6) Emergency powers
1. Meaning of emergency
a serious, unexpected, and often dangerous situation of the country which requiring
immediate action is called emergency

2. Source of emergency powers

The American constitution is silent about the emergency powers of the president
but president can exercise certain powers during emergency. While Supreme Court
of U.S state that emergency neither create powers nor increase powers which
already has been given by constitution. But congress gives a lot of powers to
president during emergency

3. Kinds of emergency
President may announce two types of emergencies
1) Limited emergencies
2) Unlimited emergencies

4. Limitation on emergency powers

The president will have to act within the limits set by the constitution otherwise his
action would be declared as invalid by the Supreme Court

7) Impeachment of president
According to Article 2, Section 4 of U.S constitution, the president shall be removed
from office on impeachment and conviction shall be made against him for bribery or
other high crimes and misbehaviors

1. Procedure of impeachment
The United States Constitution states in Article II, Section 4 all official shall be
removed from office on impeachment. The removal of a sitting President of the
United States has never occurred in our history. The senate may convict the
president by two third majority of its member. The president Johnson was the only
president against whom impeachment procedure was adopted but he has not been
convicted

8) Preclude Remarks
President of America is one of the most powerful personalities in the present day in an
international world. It is president of U.S who has to decide when to lead the congress,
when to consult it and when to act solely
Q # 04: How the President of US is elected, describe in
details.
1) Preface Fact
The American constitution provides presidential form of government. U.S constitution
spent a lot of time in deciding the method of electing of the president. After a good deal
of discussion they adopted a plan of indirect election of the president by electoral
college which is mentioned in Article 2 sections 1,2 and 3 of the constitution. An
election for President of the United States holds after every four years on Election Day.
And president is indirectly elected by electors who are members of national parliament .
American president is not directly elected by the people of the U.S.A

2) History
For the original method of electing the president and the vice president, see Article II,
Section 1, of the Constitution. The election of 1804 was the first election in which the
electors voted for president and vice president on separate ballots.

3) Qualification for the president

Following of the three qualifications have been shared for the election of U.S president

I. Age
The candidate for president must not less than 35 years of Age. If his age will less than
35 so that he will not be considered for election

II. Citizenship
A candidate must be natural born citizen of the U.S.A. By birth if a candidate will not be
citizen of the U.S.A he will not be considered for election

III. Residence
A candidate must a resident of the United States for a period of no less than 14 years

4) Mode of election
The United States presidential election is the indirect election in which citizens of
the United States cast their votes for members of the Electoral College, known as
electors.
Then these electors cast their votes, known as electoral votes for President of the
United States. Each of the states casts as many electoral votes as the total number of
its Senators and Representatives in Congress
5) Stages of Presidential election
Following are the stages of the election of U.S president

I. Nomination of presidential candidates

The candidate for the presidency is nominated by the parties. Since 1832 the two
parties e.g. Democrates and Republican have established the practice of choosing their
representative in national conventions

II. Campaign
After the nomination of the presidential candidate , parties start nationwide presidential
campaign
1) The parties set up national and states committee and open their headquarters in
two great cities
2) Each party issues a campaign text-book which contains the party platform,
explanation about the candidate ,and other material for required propaganda
purpose

III. Nomination of presidential electors

The next stage is nomination of the presidential electors is the several states. These
electors are important party leaders and are selected by the parties

IV. Election of presidential electors

These elections falls in the November of the election year when presidential electors are
to be elected
The United States presidential election is the indirect election in which citizens of
the United States cast their votes for members of the Electoral College, known as
electors

V. Number of presidential electors

Because electors are the members of the congress and at present, there are 100
members of senate who casts their votes and 438 members of the House of
representative who casts their votes for election of president

Representatives made by each state

Each state is to appoint as many electors as it has senator and representatives in the
congress

Method of election of elector

In start, they were elected by the state legislature. Now they are elected by the people
of the state

Election of president by electors

The presidential electors meet in the capital of each state on the first Monday after the
2nd Wednesday in December and record their votes for the presidential candidate

Voting
Each state send summary of election of the president to chairman of senate on 6th
January, then congress holds a joint session, where votes are counted. The person who
gains majority of votes is declared elected for president. The ratio of majority is 270
votes out of 537 votes

6) Installation of President
After all the process of election, the new president is installed into office on January 20
by taking the oath of office

7) Term of office
The presidential term is four years and according to the amendment 22nd, a president
can stand re-election only one more time.
According to this amendment a single person can become the president America only
for two times and more than 2 times the U.S constitution not give permission

8) Qualifications for vote casting

Anyone who is 18 years of age. There is no national list of eligible voters, registered
voter are eligible to cast their votes in their residential areas, if they move to a new
location, and they typically have to register again. Registration system has been
designed to eliminate fraud.

9) Remuneration (Salary) of president

The U.S president receives a salary of $200,000 in a year and extra $ 50,000 for official
expenses as well as enjoy other privileges such a travel and official entertainment
allowances

10) Succession
The Article 2 section 1, clause 5 of the U.S constitution provides that if president office
falls vacant due to his death, resignation, impeachment or inability to discharge the
powers and duties of said office, the vice-president will perform his duties as acting
president of this office with in the period of his term

11) Preclude Remarks

In practice American president is directly elected by the people. The presidential
election campaign begins a year and four months before the election day, campaign
cost approximately is more than 1 billion dollars and perhaps this the longest and
complicated process for election of U.S president
Q # 05: Explain the powers of congress or discuss the role
of
congress in U.S
1) Preface Fact
The congress of the United States is a legislative body of the country and its function is
to making law. The constitution of United States made the congress more and more
powerful. Congress is consisted upon two chambers, Senate and House of
representative in which all members have power of legislation .The House and Senate
are equal partners in the legislative process. Both senators and representatives are
chosen through direct election and people choose them directly in elections

2) Functions and powers of U.S congress

Following are the main functions and powers of U.S congress

I. Legislative powers
a. Law making
The congress has power of law making regarding commerce and trade. As well as
congress can amend or modify any kind of legislations

b. Regulation of monetary (Paisay se mutaliq) system

Congress of United States has power to regulate monetary system of the country.
And no one can interfere with in these powers congress

c. Formation of Armed forces

The congress has power to control and organization of Armed forces of the United
States. Congress totally overrule on the Armed forces and Armed forces are bound
to obey order of Congress

II. Executive powers

a. Appointments
Congress of United States has power of hiring high ranked officials as congress
shares his power with the president of U.S

b. Creation of new departments

Congress has power to create new departments in the country for the betterment
of the states

c. Fixation of salaries and duties

Congress fixes the salaries and duties of the offices as well as fixes the duties of the
government department

d. Supervision of administrative work

Congress supervise the administration work of the country and all departments are
answerable to congress

e. Making of treaties
The congress has power to make treaties with other countries.

III. Judicial powers

a. Composition of Supreme Court
Congress makes law for the composition of the Supreme Court

b. Power of appellate
Congress has power to cancel the decision of the Supreme Court. No one can
challenge congress in this regard

c. Impeachment of president and others

Congress can conduct proceedings of impeachment against the president, vice
president and the speaker

d. Confirmation of presidential appointment of judges

Congress has power to confirm the appointment of judges of supreme court made
by the president

e. Creation of courts
Congress can create new courts in the country with the need of the time

IV. Electoral powers

a. Counting of votes
Congress meets after every four years and counts votes for president and vice
president

b. Election of president and vice president

If no candidate get fail to gain majority of votes of elector. In this case congress has
power to elect three candidates who have received highest votes count

V. Investigative powers
Congress performs investigative functions through regular standing committee and by
special committees set up for the purposes
VI. Financial powers
Congress alone has power to grant money to the federal government. All bills of
revenues are initiated in lower house

a. Collection of taxes
Congress has power to levy and collect taxes ,duties and excises from government
departments

VII. Emergency powers

During the time of national crises congress has emergency powers. These powers are
integral in emergency and therefore unlimited

VIII. Constituent
a. Amendment
Congress can amend the constitution by having two third majority in each house or
by calling a special convention

IX. Inherent powers

a. Admission of new states
Congress has power to admit new state or can add more states in United states

b. Declaration of war
Congress can declare war and has full power to use of Armed forces

c. Treaties
Congress can make treaties with the foreign countries

d. Maintenance of Diplomatic relation

Congress maintains diplomatic relations with other countries

3) Distinctive features of the congress

I. Absence of the leadership
There is neither any leader nor any opposition in both house of the congress

II. Legislative initiative

Legislative initiative is in hands of the private members. Bill are usually moved by the
private members

III. Parochialism (Tang Nazri)

In U.S.A neither a senator nor a representative would obey the party call if it will be
against the wishes of his states

IV. Burden of work

Congress deals with a number of businesses. It also deal with all sort of problems
relating international and national level affair

V. Role of committees
Committee plays vital role with in the legislation. All the bills are referred to the
committee

VI. Pork barrel and log-rolling legislation

Congress has to deals with such problems which are affecting specific interests of group
and localities

VII. Position of upper house

The upper house of the congress which is known as senate has dominating over the
lower house which is knows as House of Representatives

4) Preclude Remarks
The legislative powers of the both house are equal but senate is more powerful than the
House of Representatives. Congress of the United states is a bicameral system. Two
members from every states are chosen by the people which sits in senate and are called
senators. The members of House of Representatives are selected according to their
population that’s why there count is more and less according to their state population
Q # 06: What is the composition and functions of the
House of
Representation under the U.S constitution?
1) Preface Fact
The House of Representative is one of Congress's two chambers, and part of the federal
government's legislative branch. The legislature of United States is called congress, the
bicameral body. The upper house is called Senate and lower house is called the House of
Representatives and main function of the congress is to make law. The number of
voting representatives in the House is fixed by law and no more than 435, as well as
they all are representing the population of the 50 states.

2) Composition of Congress
Article 1 sec 1 of U.S constitution shows that congress is bicameral body. It consists of two
houses
1) Senate
2) House of Representatives

3) Composition of House of Representatives

The House of Representatives is the lower chamber of the United States Congress. The
composition and powers of the House are established by Article 1 of the United States
Constitution. It is popular house of congress and more responsible to the public then the senate

I. Number of representatives
Congress had made an Act of 1920, this Act limits the membership to 435 permanently,
which was originally 65

II. Term of House of Representatives

In united states constitution the term of House of Representation has been fixed which
is only for two (2) years

4) Qualification and election of House of representative

1. Qualifications:
Following are the qualifications of the representatives

a. Age
A candidate must 25 years old in age otherwise candidate will not eligible
b. Citizenship
A candidate must be citizen of the U.S.A for at least 7 years

c. Residence
A candidate must be resident of the state from where he wants to take part in election

d. Not to hold office of profit

Candidate must not hold any office of profit under the government of U.S

2. Election of Representative
The House of Representatives has a fixed number of 435 members. Its members serve
for two years and after every two years members will be chosen by the people who are
at least 18 years of age.
And these elections will hold in 50 U.S states

5) Presiding officer of house of Representatives

The speaker is the presiding officer of the House of Representatives. The members of
the House of Representatives choose their speaker itself at the time when congress
meets for the first time after the elections

6) Committee of House of Representatives

House of Representatives makes of number of committees and most of the official work
is done by these committees

7) Powers of House of Representatives

Since U.S.A has a presidential form of government it’s lower chamber does not play the vital role
but the chief job of the House of Representatives is to represent the interests of the people
The powers of House of Representatives can be categorized as under:

I. Legislative powers
House of Representatives has equal powers and authority in the making laws or
legislation with the coordination of senate. Ordinary bills can be initiated by any of the
chamber

II. Financial powers

The House of Representatives solely has powers to initiate the revenue bills

III. Judicial powers

The House of Representatives participates in impeachment cases and it has empowered
to take action against the president or other civil officers
IV. Executive powers
The executive powers are in hands of both houses. Both houses can declare war and
conclude peace. Both senators and representatives are equally responsible to exercise
their powers

V. Constitutional amendment power

The house of representatives participates in constitutional amendments and
amendments can be made by the two third majority of both houses

VI. Electoral power

It depends upon the election of president when no candidate gain high majority of votes
then house of representatives can elect three highest vote gainers for nomination of
president

8) House of Representatives a weak house

The House of Representatives is a weak house. Following are the reasons and causes of the
weakness of the House of Representatives.

VII. Powerful role of senate

The U.S. Senate proposes and considers new laws, approves or rejects presidential
nominations, provides advice and consent on international treaties, and serves as the
high court for impeachment trials

VIII. Short term

The term of House of Representatives is only 2 years which is very short. The members
works very disappointedly because of their shorter term

IX. No executive control

The executive who is speaker, is not responsible for the acts of members of the House of
Representatives

X. Large membership
The members of the house of representatives are large in number that’s why there is a
limited time on the speeches and they are unable to deliver their point of view
regarding any issue under consideration

XI. Limitation on freedom of speech

There is limitation on speech in the House of Representatives and in senate where
freedom of speech is allowed which enables the senators to do more justice to the
debates

XII. Direct election of senate

Each state directly elects two senators for six-year terms. The terms of about one-third
(33 %) of the Senate membership expire every two years, earning the chamber the
nickname “the house that never dies.”

XIII. No leadership
Unlike the House of common, there is no leader of the House of Representatives and a
spokesman of the government

XIV. Locality rule

One of the biggest weakness of the members of House of Representatives the Locality
rule. The U.S constitution provides that a candidate must belong to the state from
where he is taking part in the election. This thing throws hurdles in their path of
progress

XV. No organization of political party

No one organize his political party on different ideology. The idea of the major party and
the opposition are much known in the house of representatives

XVI. Judicial review

The House of Representatives cannot take judicial review on Supreme Court decisions
but senate can do this. This thing also makes this house more weak

9) Preclude Remarks
The House of Represents various section of the U.S constitution due to its large
membership as compared to the senate. It has less authority which makes it a weak
house
Q # 07: Discuss the composition, powers and functions of
the
senate under the U.S constitution.
1) Preface Fact
The senate is one of Congress's two chambers, and part of the federal government's
legislative branch. The legislature of United States is called congress, the bicameral
body. The upper house is called Senate and lower house is called the House of
Representatives and main function of the congress is to make law. The number of
voting senators in the senate is fixed by law and no more than 100, as well as they all
are representing to their own states from which they belongs

2) Composition of congress
Article 1 sec 1 of U.S constitution shows that congress is bicameral body. It consists of two
houses
1) Senate
2) House of Representatives

3) Composition of senate
The senate is the upper chamber of the United States Congress. The composition and powers of
the senate are established by Article 1 of the United States Constitution. It is popular chamber
of congress and more powerful then house of representatives

I. Number of members
The senate is consisted upon 100 members on the basis of two senators from each of
the states. These are direct elected members of the state and are senior politicians of
the state

II. Term of senate

The term of senators is six years but one third of them retire after every two years

III. Senate a continuous body

Senators are chosen for six year and one third out of them gets retire after every two
years and only one third are re-elected that’s why senate is continuous body because
two third members always remain occupied on their seats and senate has been
organized since 1789

4) Qualifications and election of senators

1. Qualification
Following are the qualifications of a senator

I. Age
A candidate must not less than 30 years of age. Otherwise he will not be elected as
senator

II. Citizenship
A candidate must be the citizen of the U.S.A for nine years

III. Residence
A candidate must be resident of the state from which he has been elected as senator

2. Elections of senators
Old method
It was constitutionally decided that senators should be chosen by the legislature and
this method was active until 1913, then this method was changed by constitutional
amendment

After seventeenth amendment

After 17th amendment, government of the state will elect two members from his state
in order to appoint them as senator

5) Presiding officer of senate

According to the U.S constitution, the vice president of the united states is the presiding
officer of the senate

6) Committees of senate
Senate is divided into a number of committees. And each committee performs different
functions of the senate. All issues before the senate are referred to the relevant
committee for opinion and resolution

7) Powers and functions of senate

Following are the powers and functions of the senate

I. Legislative powers
a) Amendments
Senate has power of amendment in the constitution. Senate can amend any law
by its two third majority
b) Initiation of bills
Some important bills which only can be initiated by senate then forwarded to the
house of representatives

c) Rejection of bills
Senate has overall powers to reject any kind of bill without consent of any other.
No one can interfere with senate in this regard

II. Executive powers

a) High appointments
All high ranked official’s appointments are subject to the consent of the senate
and are advised by the senate

b) Aid and advice the president

Senate gives aid and advice to the president in all official affairs among the state

c) Internal administration control

Furthermore, senate controls the internal administration of the country. And
interferes in all administrative matter in the state

III. Control over foreign affairs

a) Ratification of treaties
All treaties are being made on the name of president but ratification or approval
of senate is necessary in this regard

b) Foreign policies
Senators have power to make foreign policies of the country and guide the
government in foreign affair

IV. Judicial power

a) Court of impeachment
Senate is court of impeachment and in this regard senate has power to impeach
president, vice president and other officials of the country

b) Appointment of judges
The judges of the supreme court are appointed with the consent of senate by
president

V. Electoral power
Senate has power to elect someone for presidential post when no candidate gets
votes in majority

VI. Investigative powers

Senate has investigative powers. Senate appoints a committee in order to search
or find the purpose for the better administration of justice

8) Senate, the powerful chamber of the world

1. Reason why the senate is powerful?
I. Direct executive powers
Senate is only legislation authority in the world which has direct executive powers

II. Small membership

The number of members of senate is very less which is consisted on only 100 members

III. Long tenure

The tenure of the chamber is long because all senators are elected for the term of 6
years

IV. Senior politicians

The senators are the senior politicians of the state as well as the country

V. Direction election
It is constitutionally stated that Senators are directly selected by the people of the
country

VI. Freedom of speech

The senators have freedom of speech. A senator can speak as long as he wants on the
issue under consideration. There is no time limit upon them

VII. Absence of parliamentary government

There is no Parliament in the U.S system which makes the senate more powerful

VIII. Court for impeachment

Senate is court of impeachment and in this regard senate has power to impeach
president, vice president and other officials of the country

IX. Unity
A very strong unity between the members of the senate makes them more powerful

X. Representatives of the people

The senate is the representative of the people in the U.S.A

XI. Representatives of the states

Each and every senators represents his state in the senate because members of the
senate are elected on the basis of entire population of the state

XII. Special powers

Senate has special powers which makes it more powerful , emergency powers are one
of those powers which have been vested in senate

XIII. Double role

Senate plays double role in U.S.A a lot of matter which are resolved by president and
senate

XIV. Continuity of membership

American senate is permanent organ, its term is 6 years and it never dissolved as a
whole

XV. Committees of investigation

The senate is empowered to appoint committees of investigation in order to control
administrative issues of the country

9) Preclude Remarks
Today American senate is most powerful legislative authority in the world. The senate
has been created for the protection of the interest of the people of U.S.A. Senate is the
most powerful chamber of the congress
Q # 08: Discuss the doctrine of separation of powers under
U.S
constitution.
1) Preface Fact
The separation of powers provides a system of shared power known as Checks and
Balances. There are three different branches of the government which has been made
by U.S constitution. Each and every branch has power to check the working systems of
the other branch and this idea was called separation of powers. According to this theory
all branches kept other branches away from unlawful usage of his powers, this is most
important feature of the American system. Separation of power is basically divisions of
the responsibilities of the government departments so that all department can work
independently

2) Origin of theory of separation of the powers

Since the ancient days of the Aristotle, political writers have recognized three kind
government functions. Following are the details.
1) Executive
2) Legislature
3) Judiciary
Each and every department will use his powers by its own. These separation of powers
have been made only for the safety of liberty of the individuals

I. Montesquieu’s exposition
Montesquieu explains this theory and says that, there are three kinds of powers in a
government which are executive, legislature and judicial powers. The liberty of the
individuals requires that neither all these powers should be given to one person nor one
department, so that rights of individual could not be violated

3) Central idea of separation of power

Idea behind this theory is that an unlimited power in the hand of one department
means that others departments will become powerless. The separation of powers in a
democracy is to prevent unlawful use of power and to safeguard freedom for all
The system of separation of powers divides the tasks of the state into three branches:
legislative, executive and judicial. These tasks are assigned to different institutions in
such a way that each of them can check the others. As a result, no one institution can
become most powerful in a democracy

4) Theory of separation of power in America

I. Implied doctrine
The U.S constitution does not clearly declares the principle of separation of power but it
has been unclearly mentioned and drafted in the constitution that:

I. According to U.S constitution

Article 1 Section 1
All legislative powers will be vested in a congress of the United States
Article 2 section 1
All executive powers shall be vested in president of the United States of the America
Article 3 section 1
All judicial powers shall be vested in Supreme Court and in inferior courts

II. Separation of powers in practice

In U.S.A a serious attempt was made to apply the theory in practice. The American chief
executive, the president is elected by the people for a period of four years.
President cannot initiate legislation. He cannot make laws and cannot make judicial
decisions
Judges cannot take executive decisions and cannot make laws because these powers
have not been vested in judges
Legislatures cannot take executive decisions and judicial decisions but they can make
laws

5) Separation of power and checks and balances

US Governments Separation of powers and the system of checks and balances. In
theory, the Legislative Branch, the Executive Branch, and the Judicial Brach are designed
to keep each other in check, and to keep any branch from becoming too powerful. In
reality, the system was designed to keep the president from becoming some kind of
dictator

I. Separation of power applied in modified form

U.S Government. The U.S. Constitution sets up three branches:



There is no complete separation of powers of the three departments after modification of
constitution:
1) The president can influence on legislation by sending message to congress and by his
suspense veto
2) The congress can influence executive policy by asking the official to appear before its
committee
3) The president can appoint judges and grant pardon
4) The judges can declare unconstitutional , laws passed by the congress
5) The senate has the power to approve or reject appointments of important officials,
impeach the president, vice president and other officials

6) Effect of separation of power

The theory of separation of powers protects the liberty and rights of the individuals
As powers are distributed among the government departments,
due to limited powers they fully identify their responsibility and they work according to
their responsibilities, which makes their work more efficient
The separation of powers saves the people from the arbitrary rule of the executive
This theory lays down the principle that governments should act according to certain
well established rules or law
Separation of powers accompanied by check and balance which is an effective check
against unlawful use of power

7) Criticism on doctrine of separation of power

The theory of separation of powers has been criticized on following grounds

1. Complex system
The theory of separation of powers has the made the constitution more complicated

2. Frustration
The theory of separation of power has created frustration among the three departments
of government. They all totally unable to understand their responsibilities

3. Loose coordination
Separation of powers results in administrative complications. It becomes difficult to
maintain coordination among the organs of government
The smooth working of modern governments demands not so much separation of
powers as 'co-ordination' of powers
4. Mutual confliction
This theory of separation of powers has created mutual conflictions among the all three
branches of the government

5. Balance disturbed
This theory has made the executive very powerful, and disturbed the balance among the
three organs of government. Security and welfare of the society demand not so much
separation of powers as co-ordination of powers

8) Alteration of doctrine of this theory

The basic structure established in 18th century is still exists, The federal system under
which power has been distributed among three branches of the government which is
called separation of power but currently due to some emergencies constitutional
doctrine of separation of power has been altered by the following reason:
1) It has been altered by political parties
2) By president of the United states in legislative proposals
3) And by the growth of legislation itself

9) Preclude Remarks
The theory of separation of powers makes the government departments to work
independently. But the framers of the constitution knew that complete separation
would make government impracticable. Separation of power have a lot of benefits as
security of the individual and it saves country from dictatorship as well no department
can use unlawful use of his powers
Q # 09: Discuss the system of check and balances
provided in
U.S constitution
1) Preface Fact
The Constitution divided the Government into three branches: legislative, executive,
and judicial. That was an important decision because it gave specific powers to each
branch and set up something called checks and balances. The framers of the U.S
constitution were trying to establish limited government and strongly struggling to
prevent America from dictatorship. The system of checks and balances is used to keep
the government from getting too powerful in one branch. So they have provided a
system based on theory of separation of power along with internal check and balances

2) Influence of check and balances on U.S constitution

The system of check and balances influences on the U.S constitution greatly. But now
the American adopted this theory in practice while they did not drafted it in the
constitution. The system of Check and balances forbids the constitution to share the
powers with one department that’s why constitution gave small powers to each of the
department

3) Origin of Check and balances

A French writer, along with the theory of separation of power, he has explained the
separation of power as a tool for check and balances on other departments. US
Governments Separation of powers and the system of checks and balances. In theory,
the Legislative Branch, the Executive Branch, and the Judicial Brach are designed to keep
each other in check, and to keep any branch from becoming too powerful. In reality, the
system was designed to keep the president from becoming some kind of dictator

4) Importance of system
After the formation of U.S government, the framers of the Constitution thought it
was best if the government was divided into three branches, the legislative,
executive, and judicial branches. Each of the sections would also have its own
separate powers: the legislative branch creates laws, the executive branch enforces
laws, and the judicial branch interprets laws. This was done so that no one branch
would become too dominant. The concept of separation of powers is directly related
to the system of checks and balances because each branch has its own set of powers
(balances), and some of the capabilities that each branch has makes sure that
another branch doesn't abuse its power (checks)

5) Purpose of check and balances

The purpose of system of checks and balances is based on the law following are the purposes of
this system

1. Declaration of liberty
All people have right to enjoys the free exercise of religion, freedom of speech, the
system of check and balance prevents the departments to overrule on the rights of
people

2. Fatal omission
The purpose of this system of check and balance is to control the departments from
using of their powers illegally and stops the departments from fatal omission by
which the right of the people may can be affected

3. Checks and balances

The Constitution attempted to limit the power of central government through checks
and balances. A key principle was separation of powers have been applied on those
who make laws, enforce laws, and interpret laws should be independent and capable
of limiting each other’s power.

4. Provision of rights
The purpose of check and balance is to provide rights to the people
And tell them about rights for which they are entitled likewise any department
cannot suppress their rights

6) Working check and balances

1. Check on congress
The American congress is empowered to make law for the country but any bill passed
by the congress cannot become a law until it has received the assent of the
president. American president has power to refuse to give his assent and send the
bill back to congress. President controls the congress by his veto power

2. Check on president
It is said that American president is the most powerful person in the world. The
president is the chief executive of the country and is given vast powers. However he
cannot exercise his powers unlawfully. The senate and Supreme Court can check him.
Supreme can declare his act unconstitional through his power of judicial review.
President makes high ranked appointment but all are subject to the approval of the
senate. The American congress is empowered to impeach the president. The senate
control internal policy and administration of president

3. Check on judiciary
The president and the congress have certain checks on judiciary. The U.S president
appoints the judges of Supreme Court and congress gives his approval for their
appointment. Congress fixes the salaries of the judges. Judiciary is powerful but not
free from checks. The congress can impeach the judges and judges can declare
unconstitutional, laws passed by the congress. As well as president has power to
pardon to criminals

7) Principal of separation of power and check

and balance
Due to a system of checks and balances, the legislative, executive, and judicial
branches' powers overlap, and each branch uses some power over the others. ... The
Judicial Branch checks on the presidential acts reviews executive acts and checks on
Congress and reviews law, Executive branch checks on judicial branch and courts
actions and checks congress and their acts as legislation, congress checks on the
judicial acts and presidential acts and can impeach the president and vice president

8) How checks and balance works

Not only does each branch of the government have particular powers each branch
has certain powers over the other branches. This is done to keep them balanced and
to prevent one branch form ever gaining too much power.
For example:
Congress may pass laws........but the President can veto them.
The President can veto laws.......but Congress can override the veto with a 2/3
vote.
The President and Congress may agree on a law..........but the Supreme Court can
declare a law unconstitutional.
The President can appoint Judges and other government officials.......but Senate
must approve them.
Supreme Court judges have life terms.......but they can be impeached.

9) Preclude Remarks
The framer of the U.S constitution has provided the system of check and balances. All
the department of the government have vested in vast powers but none of them can
exercise their power unlawfully. Due to check of other two departments upon one
department ,this system keep the department not to use his powers unlawfully and
stop to becoming more powerful than other
Q # 10: Discuss the procedure of legislation under U.S
constitution.
1) Preface Fact
The term “Legislation” is derived from Latin word “Legis” which means “Law” and
“latum” which means “to make”. Legislation means making of law. In wider sense, the
term legislation includes all methods of law making. The main function of the congress
to make laws or to amend or repeal the existing laws of the United States. Procedure of
law making has great importance as congress has developed a procedure of law making
by inspiring from U.K practices but now a days it has become quite different from the
British System

2) Purposes of legislation
The rule of law requires that people should be governed by accepted rules, rather than
by the arbitrary decisions of rulers. These rules should be general and abstract, known
and certain, and apply equally to all individuals.

3) Kinds of Bills
Following are the three kinds of the bills

1. Public bills
Public bills are those bills which deal with the matters of public interests at large. And it
can be initiated in any of the chamber of congress

2. Private Bills
Private bills are those bills which deal with private interests of the particular individual,
corporation or local unit. And these bills can be initiated in any of the chamber of
congress

3. Money bills
Money bills are those bills which deal with matter of money and are related to taxes,
funds or other expenditure. These bills only initiated by the House of Representatives

4) Process of law making

A bill is passed in congress through following procedure

I. First reading
A bill may be introduced by a representative before the House of Representatives or by
a senator before the Senate

Process of Preface Fact

The process of instruction is very simple. The member who introduces the bill he
presents a copy of bill with his name and drops it in the hopper a box on the
clerk’s desk in the house or on the secretary’s desk in the senate.
The bill is immediately added up to in the order of presentation and the copies are
made which are provided to all members of the house next morning

II. The committee stage

The presiding officer forwards these bills to the relevant committee for study of these
bills
1) In case of private bills, member who introduces the bill, himself writes the
name of the committee where he wants to forward the bill
2) In case of Public bills, the subject matter of the bill would indicate in which
legislative committee it should be forwarded
3) In case of money bills, bill will go the committee of Banking and currency

Executive session of committee

After receiving different kind of bills from various sources. These bills meet in the
executive committee for their approvals
1) Committee may approve the bill , same as it is
2) Committee may amend the bill and recommended that it would be passed
as amended
3) Committee may rewrite the bill completely, keeping only its name and
number
4) Committee may reject and bill and recommended that it will not be passed
5) Committee may report the bill so late in the session that there is no chance
of its approval by chamber
6) Committee may kill the bill by keeping in their files

III. Considering of bills, reported out of committees

There are some differences in the procedure of considering the bills, reported out of the
committees in the house and the senate

A. Procedure in the House

When a committee presents a bill along with its report, to the house for their
consideration, the clerk of the house mentions it on one of the three calendars
according to its nature and remain there till consideration

1. Union Calendar
All those bill are mentioned on Union calendar which directly or indirectly are related to
money bill

2. House Calendar
All those bill are mentioned on House calendar which are public bills and are not related
to revenue or public funds

3. Private Calendar
All those bill are mentioned on private calendar which are private bills

B. Procedure in the senate

When a committee presents a bill along with its report, to the senate for their
consideration. According to the rules of senate every senator is entitled to take up any
bill and if the bill is accepted by the majority of senators then bill will be forwarded to
concerned committee

IV. Second reading

When the bill arises from the standing committee. It is given second reading. Every
clause of the bill is discussed and debated upon amendments and finally it is passed by
the voting of majority

V. Third reading
At this stage, only the title of the is read and bill is voted upon as a whole if favorable
and is considered passed

VI. Procedure in the other house

After the passing of a bill from one house, this bill is sent to the other house for
approval. Where it follows the same route through committee. This chamber may
approve, reject it, ignore it or amend it before passing it

VII. Assent of the president

When the bill is passed by both houses of the congress. It is forwarded to the president
for his approval. If the bill is approved by the president it becomes a law if it is rejected
by the president then it is returned to congress.
If rejected bill re-passed by the congress by two third majority so in this case the assent
of president does not take for the same bill

5) Preclude Remarks
The main function of the legislature is to make laws and the legislative procedure in the
United States is categorized in some different features. Ordinary bill which are public
bills ,may be initiated in either chamber of the congress but money bills only be initiated
in the house of representatives
UK Constitution:

Q # 01: Explain the salient (Numaya) feature of the British

constitution.
1) Preface Fact
A constitution means certain principles on which the government of the state organizes
and determines the relations between the people and the government
The constitutions of U.K is unique in nature and has provided inspiration to other all
constitutions of the world
The object of the constitutions is to provided justice and to take up against issues
related to violation of rights

2) Definition of constitution
A constitution is a set of fundamental principles according to which a state is governed

3) Salient features of u.k constitution

Following are the salient features of the U.K constitution

1. Unwritten
The British constitution is unwritten in nature but it does not mean that all constitution
is unwritten.
It means that constitution has not been written in a single document.
Some of the components are in written form such as Parliament act of 1911 etc.

2. Evolutionary (Gradual) growth

The British constitution is a result of an evolutionary growth. Conscious efforts as well as
needs to time shaped its unintentional growth.

3. Flexible constitution
The British constitution is a flexible constitution and the parliament can amend it by a
simple majority by making alterations in the statutory law

4. Unitary (Wahadaniat)
Britain has a unitary constitution. All powers of the state are in the hands of single
government for the whole country. There are no states in Britain.
5. Bicameralism (DO aewaani)
The parliament consists of two chambers House of Lords and house of commons.
House of commons is a popular chamber whose members directly elected by the people
While the house of lords is basically a hereditary chamber and its members are
nominated by the Queen

6. Supremacy of the Parliament

In U.K Parliament has complete supremacy or sovereignty. Any enacted law by the
parliament cannot be challenged in the court that it is against the constitution

According to De loeme
“British Parliament can do everything except to make a man into a woman”

7. Constitutional monarchy (Badshahi)

From the constitutional point of view, the crown is the foundation of the entire
government

8. Contrast in theory and practice

There is a sharp constrast between theory and practice. Theoretically British
government is absolute monarchy but practically the government structure is closer to
democratic form

9. Collective responsibility
Ministers are collectively responsible for making law and they cannot make their
decisions against government policy. Every minister is individually responsible to play his
role positively

10. Limited separation of power

In Britain, there is limited separation of powers. Cabinet which exercise the executive
powers is the committee of the parliament and many acts has been provided in order to
secure committee from undue influence from the two branches of the government

11. Independency of judiciary

Necessary safeguards have been provided to judicial process from undue interference
Judges are being paid high salaries and their jobs are totally secured

12. Rule of law

U.K constitution provides rule of law. The Principle of rule of law defines as none of the
person is above or below the law. The all persons are equal in the eye of law. If any
person violates the law he should face the trial of the case in government and no person
is given imprisonment until his offense in proved in the court

13. Fundamental rights

Fundamental rights of the citizens have not been gathered in the form of a list in the
English constitution. But fundamental rights have been recognized by the courts with
the needs to time

14. Conventions (Majalis)

Conventions play a vital role in the Britain political system. A government can be
established and removed on the basis of conventions in Britain.

15. Two party system

Liberal party has lost its political significance now and now there are only parties
Conservative party and second are labour party in Britain

16. Universal adult suffrage

In Britain every individual of the age of 18 has the right to vote

17. Mixed constitution

One of the best quality of the British constitution is that , the British constitution is a
mixture of the monarchial and democratic principles

18. Conservativeness (Qadamat pasandi)

The British constitution is a symbol of conservativeness. The trend of the people of U.K
is absolutely in favor of old institutions and this concept shows their conservativeness

19. Establishment of local government institutions

The existence of local government institutions are symbols of the civil liberties and
freedom the of the people of Britain

20. Unreality
Another characteristic of the English constitutions is its unreality. It has been pointed
out that noting is in it. This is totally unreal constitution

4) Elements of English constitution

Following are the elements of the English constitution
1) Statutes of Parliament
2) The common law
3) Constitutional land mark
4) Conventions
5) Judicial decision

5) Preclude Remarks
U.K constitution is neither absolutely unwritten nor absolutely written it is the
combination of the both
It has varies from other exist laws in the world and is very flexible but strong
It has different in nature from other constitutions because theoretically it seems a
strong but practically it seems different in nature and very flexible
On the other hand it has been globally recognized by all other constitutions
Q # 02: Describe the sources of British constitution and
highlight
the legal sources
1) Preface Fact
The English constitution is not found in one document
It consisted of different elements which are a lots of and this constitution came into existence
with the passage of time
It only can be understood by the study of traditions, customs and judicial decisions etc.

2) Definition of constitution
A constitution is a set of fundamental principles according to which a state is governed

3) Sources of u.k constitution

Following are the sources of U.k constitution
1) Statutes
2) Common law
3) Judicial decisions
4) Conventions
5) Opinion of jurists
6) Delegated legislation
7) Royal Prerogatives
8) International treaties and agreement

I. Statute law
The second source of U.K constitutions is statutes.According to requirement of the people
and demand of government of U.K, parliament made law which played a vital role for source
of constitution and also developed coordination among the institutions of the government
Following are the important statutes which are sources of U.K constitutions
1) The Reforms act 1867
2) The Municipal Corporation act 1716
3) The Ministry of Crown act 1937
4) The Judicator act 1873

II. Common law

Common law is also knows as a source of U.K constitution. Common law is a body of
unwritten laws based upon customs and traditions recognized by the courts and these are
those laws which are production of slow process of historical growth. The courts recognize
these principles because these rules have been developed by judges, and similar tribunals
etc.

III. Judicial decisions

Judicial decisions are also the major source of U.K constitutions.
Judicial decisions are the judgments and interpretations of courts which define the
limitations of the different law, statutes and common law. Following are the judicial
decisions in U.K history
The case of “wilkas vs Wood” gave the protection and liberty to writer and
author
The case of “Howell” established the immunity of judges
“Bushel’s case” established the independence of Juries

IV. Conventions (Majalis)

One of most important sources of U.K constitution is conventions.
The large portion of U.K constitution is based on convention in which superior persons of
legislative body were taken part in order to exercise their discretionary authority
They had legislate the different laws from customs and traditions of the time which have not
been mentioned in any book of law and court do not enforce conventions but these rules
are recognized by the constitution
In such kind of conventions , there were made different rules and regulations for
betterment government and were made different restrictions on different authoritative
persons of the governmetn

A. Important conventions
Following are some of the most important conventions
1) Prime minister will be from house of Common
2) Parliament must be summoned once in a year
3) The crown has no power to veto a bill passed by the both houses

V. Opinions of jurists
Opinion of jurists are also an important source of U.K constitution
Jurists express their opinions in order to legislations keeping in view customs, traditions,
judicial decisions and statutes.
Some of the important books of different jurists are as follows:
1) Austin’s law and the customs of the constitution
2) Lord Hals bury’s commentary on the U.K constitution

VI. Delegated legislators

There are various authorities empowered to legislate under Parliament acts like Universities
and municipal bodies have been delegated powers for enactment of laws. The laws and
rules are made by these authorities are part of U.K constitution
At ancient time, due to shortage of manpower or parliament members , the authority of
legislation had been given to superior person of the society by parliament or by the
government of the state which enable the local bodies to legislate different laws according
to needs of the time

VII. Royal Prerogative

These refer to discretionary powers of the Crown that are empowered by Government
Ministers in the name of the King.
The Crown holds a number of powers. These include the power to declare war, to dissolve
parliament, to appoint government ministers and judges.
Today these powers lie with the Prime Minister and Government Ministers, the Prime
Minister will inform the Monarch of their decision but the Monarch has not real power to
veto their chosen course.

VIII. International treaties and agreements

International treaties and agreements have played a vital role in the development of U.K
constitution. This development came into existence by the recognition of the rules by the
Parliament in the shape of agreement, treaties etc.
These treaties and agreements are very important as source of U.K constitution

Examples
Mangan Carta (1215)
Petitions of Rights (1628)
Bill of rights (1789)
Parliament act of 1911

4) Preclude Remarks
English constitutions are growing body of rules. It has been undergoing a slow process
consisted on centuries. It is not derived from a single source but several sources and it is still
growing constitution. In development of U.K constitutions a lot of sources has taken part ,
and customs, traditions, judicial decisions, conventions and opinions of jurists have played a
vital role in order to establish U.K constitution
Q # 03: Discuss the supremacy or Sovereignty of
Parliament
under the British constitution.
1) Preface Fact
It is well known that parliament’s basic functions is law making and making changes in
existing laws
U.K parliament is the oldest institution in the field of legislation and has supremacy and
sovereignty in U.K
Both houses of the Parliament hold debates in which members discuss government
policies
One says that , Parliament of U.K can do every things except make man into woman and
woman into man

2) Constituent of parliament
The U.K parliament is consists of the following institutions
1) House of Common
2) House of Lord
3) The king

3) Meaning of parliamentary sovereignty

The sovereignty of Parliament means that parliament is the supreme power of the state
in the sense that it can make or unmake any law, and courts will obey its legislations, on
one has any power in the state to overrule parliament’s authority

4) Principles of parliamentary sovereignty

Parliamentary sovereignty is a principle of the UK constitution. It makes Parliament the
supreme legal authority in the UK, which can create or end any law.
Generally, the courts cannot overrule its legislation and no Parliament can pass laws
that future Parliaments cannot change.

5) Nature of parliamentary sovereignty

The nature of parliamentary sovereignty in England is Supreme because it can make or
amend any law without any pressure and there is not overrule authority

6) position of parliamentary sovereignty

Parliamentary sovereignty has following three meanings
1) It was held that what parliament enacts? Cannot be held unlawful
2) It was held that court cannot interfere with the matters and decisions of the
parliament
3) No person in U.K has a right to overrule the legislation of parliament

7) Examples of parliamentary sovereignty

The U.K parliament has attained supremacy gradually with the passage of time. It supremacy
may be discussed under following heads:
1) Supremacy as regard to Public right
2) Supremacy as regard to Private right

1. Supremacy as regard to public right

I. Bill of rights 1689
The provisions of bills illustrate that how the parliament became sovereign of the state
Examples of it;
1) The elections of members of Parliament should be free
2) The suspension or provision of powers to the king without the willingness of
parliament is illegal

II. The act of settlement 1701

This act shows that the occupancy of the king on the throne is not because he was a
member of the Royal Family but he is entitled by Parliament. It shows the supremacy of
the Parliament regarding Public rights

III. The parliament act of 1911

This act snatches the powers of House of Lord. All legislating powers relating to Money
bills were taken away from the House of Lords. It shows the supremacy of the
Parliament regarding Public rights

2. Supremacy as regard to private rights

Parliament also has established its supremacy by interfering with the private rights.
Following are the examples of Parliamentary supremacy
1) Parliament can declare a baby, of full age
2) Parliament can declare legal child to illegal child

8) Limitations on the parliamentary sovereignty

There are two kinds of limitations on Parliamentary sovereignty
1) Alleged Limitations (Byaan Krda)
2) Actual limitations
1. Alleged (Byaan krda) limitations
I. Royal prerogative
In many fields, the royal prerogative (Ikhtiar) operates, and sovereignty of parliament
is excluded

Criticism
The royal prerogative (Ikhtiar) is completely subordinate to Parliament which can
abolish and control them in the manner it likes

II. Preceding acts of parliament

While law making its appears that they could not be repealed in future

Criticism
A sovereign power cannot limit its own sovereignty. An act passed by parliament in
one session can be repealed in next session

2. Actual limitations
Actual limitations has of two kinds

I. External limitations
Public opinions are external limitations on Parliamentary sovereignty. Parliament may
pass any law which backed as long to its elector

II. Internal limitations

Parliamentarian’s opinions are internal limitations on parliamentary sovereignty. They
would not make laws against the wishes of the people

9) Other limitations on parliamentary sovereignty

Following are the other limitations on parliamentary sovereignty

1. Rule of law
Parliament cannot make a law opposed to the rule of law

2. Statute of west minister 1931

The act West minister 1931, the dominion (Baadshahi) constitution cannot be
amended by parliament without willingness of dominions

3. International law
The parliament cannot violate the principle of international law

10) Preclude Remarks

Parliament is the highest authority in England which is looking into all matters of the
state. It can alter, repeal, enact and amend any law in any time. The sovereignty of the
parliament is theoretically unlimited as one said that England could never be ruined
but by a parliament
Parliament has placed itself on a high place by interfering in public and private
Matters
Q # 04: Discuss the nature composition and functions of
House of
Lords.
1) Preface Fact
The House of Lords is the oldest house in the world and it had been in continuous
existence from more than a thousand years and it is consisted on mostly hereditary
members
It is the upper house of the British Parliament it is generally stated that the house of lord
is hereditary house
House of Lord is the second chamber of the British Parliament and it works with the
House of common in order to make law and check and challenge the actions of the
government

2) Composition of house of lords

The members of the House of Lords have been categorized in seven

1. Hereditary peers (Companion)

About nine-tenth of the members are belong to this category.
Peerage is being granted by the crown he can create many peers as he like
The majority of people become peer because there are a number of routes to becoming
the member of House of lord

2. Representative peers of Scotland

According to the Treaty of Union 1707 , 16 numbers of representative peers are being
elected by the Scottish parliament in order to sit House of Lord
Because the Kingdom of Scots and the Kingdom of England were combined under the
name of Great Britain ever

3. Representative peers of Ireland

When Ireland was combined with England, 128 members of the Irish peers were entitled
representative peers, but since 1922 when Ireland declared a free state no new peer
have been created

4. Lords of Appeal
Lords of Appeals are commonly known as Law lords
They are 9 in numbers and were appointed into the House of Lords in United Kingdom,
under the Appellate Jurisdiction Act 1876 in order to exercise their judicial functions

5. Spiritual peers
They are 26 in numbers, two are Arch Bishops (Paadri) of York and Canterbury and 24
are senior Bishops of the church of England

6. Princes of the Royal Blood

Those male adult members of royal family who have attained maturity and are in
specific relationship are being appointed as members of House of Lords

7. Life peers
These members have been created under the provision of the Life peerage act 1958.
A life Peer cannot pass their title to their children. Although life Peers are appointed by
the Queen, it is the Prime Minister who nominates them
They are the person who were performing their duties in High offices in the state and
has been retired e.g. Minister or speaker etc

3) Number of members
The number of members are not fixed . The numbers of members varies from time to
time. As well as selection of members is depends upon the will of Queen

4) Nature of House
The house of lord is called conservative (Qadamat pasand) chamber. It also was
commonly described as the hereditary chamber of the parliament
It is partially hereditary and partially democratic in composition
Hereditary and life peerage both are being created by the crown on the advice of Prime
Minister

5) Disqualification
Following person cannot become the members of the House of Lords. Detail is as under:
1) Insane
2) Minor
3) Convict (Criminal)
4) Bankrupt

6) Presiding officer
The House of lord is presided by a Lord Chancellor who is member of the cabinet

7) Privileges (Ikhtiar) of the house of lord

Following mentioned privileges are available to the House of Lords

1) Freedom of speech
The lords of this house can openly express their views upon any issue without any kind
of pressure

2) Freedom from arrest

No member can be arrested during the parliament session. This one is a protective right
which has been granted to members House of Lords

3) Free access to the sovereign

Every member of the House of lord has access to sovereign in order to discuss public
affair

4) Right to determine its own composition

The lords have right to determine its own compositions. They can elect more person as
member of House of Lords. There are no restrictions upon them for selection of new
members

5) Right to publish opinion

The lords can publish their useful opinions in official papers and there is no official
restriction upon them in this regard

6) Right to receive writs of summons

They have right to receive individual writs of summons to attend parliament

7) Trial of impeachment(Mawakhaza) cases

They have the right to trial impeachment cases forwarded by the House of Commons

8) Exemption
They enjoy the exemptions from serving as juror (Jury ka Rukan) and they don’t play the
role as juror

9) Determinations of Peerage
The House of lord has a right of determination the disputed claims of their peerage

8) Powers and functions of house of lords

Following are the powers of House of lord

1. Legislative powers
After the passing of Parliament act 1911, the legislative powers of the House of Lords can be
discussed under the following heads:

a) As regards money bills

As regard money bills the House of Lords is practically ineffective. All the money bills
forwarded by House of Common to House of Lords ,cannot be delayed for more than
one month otherwise it would be presented to the King and would become the law on
receiving the royal assent (Manzoori) and House of lord cannot conflict with it

b) As regards non money bills

As regard Non-money bills the House of Lords is practically effective
Other public bills cannot be delayed by the House of Lords for more than two
parliamentary sessions, or one calendar year it would would become the law on
receiving the royal assent (manzoori) regardless its having been rejected by the House
of Lords
The House of Lords has almost lost its significance

2. Executive powers
The Lords have the powers to ask questions from the government and have a full right
to debate its policies but the house can only cross examine the cabinet ministers

3. Judicial powers
The House of Lords had three kinds of judicial powers in this regard
1) It has judicial power to trial peer in case if they are involved in any activities against
national interest
2) It also acts as the highest court of appeal in U.K
3) It has judicial power to hear impeachment cases forwarded to the House of
Commons

4. Other powers
The House of Lords performs other important functions and discusses such social and
political questions which are not ready for legislation

9) Preclude Remarks
The House of lOrds is an ancient institutions of the world which play pivotal rule in
legislation
A lot of powers have been snatched for House of lords by passing Parliament act 1911
Keeping all the functions of the House of lords in view it is to be said that House of lords
are still superior in nature and have more powers other than house
Q # 05: House of Common is more powerful than House of
Lords?

1) Preface Fact
The sovereignty of Parliament lives in the House of common as well as House of
common is the center of the English political system. The House of Parliament is lower
and the popular chamber of the British parliament it has appreciative legislative
assembly in the world and it is elected by the people in general elections. The House of
Common is more powerful than House of lord under the Parliament act 1911.
Moreover, the Government of the United Kingdom is answerable to the House of
Commons; the Prime Minister stays in office only as long he holds the support of the
lower house

2) Composition of house of Common

1. Strength
The present strength of the House of Common is 650 members and they all are known
as Member of Parliament

2. Term of House
The members of the House of Common are elected for a term of five years unless the
House is dissolved before completing his period by the Queen on the advice of the
Prime Minister

3) Qualification and election of House of Commons

1. Qualifications of candidates Election
Following are the qualifications for a candidate to contest election for house of
Common
1) Must be a British native
2) Must be 21 years of Age
3) And will be disqualified if the person:
Holds judicial officer
Bankrupts
Civil servant
Member of the armed forces and the police force
Director of the nationalized companies
Religious person especially Christian one

2. Election of candidates
Parliamentary elections are of two kinds
1) General elections in which a new house of common is to be elected and these
elections must be held within 20 days of the dissolution of a sitting parliament
2) These elections holds when a vacancy occurs in the house after the death or
resignation of a sitting member or when a new member is made member of the
House of Lords

3. Adult franchise
According to the representation of the People Act as amended by the 1969 act,
following are the qualifications of a person to cast his vote
1) Must be British native
2) Must be age of 18 years or above
3) Whose name has been registered in the voter’s list

4) Presiding officer
The speaker is the presiding officer of the House of commons
Speaker is elected by the members of House in their first session

5) Privileges of the house of common

Following are the privileges of the House of common

1) Freedom of speech
The members of this house can openly express their views upon any issue without any
kind of pressure

2) Freedom from arrest

Member of the House of Commons cannot be arrested in civil cases for a period of 40
days before and after the session of the Parliament
But in criminal case member would be arrested

3) Right to regulate
House has the right to control its own constitution and also has the right to exclude the
member from parliament

4) Right to prohibit publication

The House has right to prohibit publications of its own debates. And no one can publish
their debate on a certain matter

5) Exemption from jury duty

All members of House of commons are exempted from performing duty as a juror

6) Exemption from appearing as witness

All members of House of commons are exempted from appearing as witness they
cannot appear as witness in any kind of case

7) Exclusion of strangers
The House has right to exclude strangers from the House and there is no restriction
upon them in this regard

6) Powers and functions of house of common

1. Legislative powers
The House of common has vast powers in the field of law making. It can modify existing
laws and can make or repeal any law. House of Common defines the national policy and
has the right to change the constitution

2. Financial powers
The House of common holds in hand a great power over the nation’s money. According
to the Act of Parliament 1911, all money bills will be created in the House of Commons
and the power of the Lords has been limited in this act

3. Administrative powers
The House of common also has the powers of Administration because this House
control the administration by way of questioning the cabinet member
The house of common has involved itself in government related matters for better
governance
It is the duty of House of Common to exercise the day to day control over the Ministry

4. Delegated legislation
Parliament being a supreme authority can delegate his legislation powers to
Government department in order to implement, and apply statutes passed by the
parliament. Parliament can retake the delegated legislation powers from departments
on any account

7) Preclude Remarks
The House of common is the most vital part of the British Parliament since 1911 the
House had been delegated a lot of powers which are shared from House of Lords. In
reality Parliament means House of Common ,when a minister consults parliament he
consults the House of Common. When Queen on the advice of Prime Minister dissolves
the parliament ,she dissolves the house of common when a parliament has made a law
it means that house of common has legislated upon it
Q # 06: What is the prerogative (Istehqaaq) of the crown
under
British constitutional system?
1) Preface Fact
The constitutional history of the England begins with an absolute monarchy and the king
was absolute sovereign. He was the source of all legal powers but with the passage of
time the powers of the king was decreased. Today, there are still many prerogative
powers available to ministers and the Monarch. Formally in the United Kingdom,
executive power is vested in the Crown, however in modern times the most important
prerogative powers are available only to the Prime Minister and other cabinet ministers.
However the Monarch still has some personal prerogative powers in his hand, but these
are now mostly carried out on the advice of the Prime Minister

2) Difference between king and crown

Following are the difference between the king and crown
1) The crown is an institution while the king is an individual who holds the institution
2) King can die but crown cannot die
3) The king is the part of crown but the crown is not part of king
4) The crown is a legal place of the state while the king is only its temporary occupant

3) Definition of crowns prerogative

A discretionary power vested in the executive branch of government which are
exercised by king himself or his ministers, based on common law rather than statutory
law

4) Origin of crowns prerogative

In the early days when king rules upon the people, the king used to manage the affairs
of the people. This executive power was the first and historical source of the crown’s
prerogative. The king had prerogative powers for the purposes of preserving the state
from enemies, and preserving people from feudal (Jagirdari) powers. As history quite
clearly shows, prerogative powers were traditionally exercised only by the Monarch

5) Prerogatives of the crown

The prerogatives of the crown may be classified as under:

1) Personal Prerogatives
2) Political prerogatives
1. Personal prerogatives
Following are the personal prerogatives of the crown

a. King can do no wrong

This proverb has two fold meanings
1) Even if the king’s actions are not lawful, there is no remedy for the king’s actions
through the courts.
2) The King is literally above the law and has no power or capacity to do wrong

b. King never dies

The word king is basically an attribute and there is no physical body while after the
death of a king it is replaced by the succession and king alive again

2. Political prerogative
Political prerogatives may be divided into two following categories

A. Domestic Prerogatives
Following are the domestic prerogatives

I. Administrative prerogatives
Following are the administrative prerogatives of the crown
1) The creation of Press
2) The appointment and dismissal of Ministers and other government officials
3) Declaration of war
4) The crown is the chief commander of the Armed forces

II. Fountain of Justice

The king is the fountain of the justice and generally responsible for the peace in the
United Kingdom. All criminal proceedings run in the king’s office

III. Power of Pardon

The crown has power to pardon all offences of the criminal even before the conviction
or even after the convictions and no one can challenge this power

IV. Not subject of law

It is the king in the parliament who makes all laws he makes law for people not for
himself that’s why the king is not bound by the statute

V. Appointment of Bishops
According to these prerogative powers, the king can appoint high religious officers e.g.
appointment of Arch Bishops

VI. Appointment of Peers

The crown has one of the best prerogative power of appointment of peers for
Parliament

VII. Appointment of Judges

The crown has prerogative right of appointment of judges of the courts for
administration of justice

VIII. Head of Church

The crown is the head of the church in England

IX. Summoning of conventions

According to these prerogative powers , a crown can send a legal document which is
called summon for church conventions

X. Summoning of Parliament
The king has power to send summons to parliament

XI. Dissolving of Parliament

The crown has power to dissolve the parliament on the advice of prime minister

XII. Address to Parliament

The crown has power to address the parliament in every new session

XIII. Power of Legislation

The crown has power to make common laws for conquered and abandoned colonies

XIV. Assent (Manzrui) of Bills

The crown has the prerogative power of giving royal assent to bills passed by the both
houses of parliament

B. Foreign Prerogatives
Following are the prerogatives of the crown in relation to foreign affairs

I. Representative of Nation
The king is alone representative of the nation in internal dealing and international affairs
of the country

II. Power to make treaties

The crown has power to make treaties with other country like contract or other more

III. Declaration of War and Peace

It is the king who has the power of declaration of war or peace with other countries

IV. Power of recognition

The king has the power to recognize the status of the foreign country. He can do this by
receiving the representative of other states

V. Appointment of ambassadors
For foreign coordination, the king appoints ambassadors from his own country for
performing duties in other country

6) Preclude Remarks
The prerogatives of crown approximately have been abolished in this age. At present,
the crown prerogative has been restricted as he cannot claim prerogative against
parliament or against common laws but he can exercise his personal prerogatives as
well. It is the cabinet that exercise the prerogatives powers in the name of the king
Q # 07: Write a detailed note on Cabinet system in England
1) Preface Fact
The cabinet is the real executive of the British systems. It is also called the ministry of
the government. The cabinet has been defined as the royal advisers of the state chosen
by the Prime Minister in the name of crown. The cabinet must knowledge the
supremacy of the Prime Minister and must follows the policies laid down by the Prime
Minister. Cabinet is collectively a decision making body of the United kingdom cabinet is
consisted of 21 ministers and these are the most senior ministers of the government

2) Meaning of cabinet
A group of individuals who are advisers of the Prime Minster

3) Definition of cabinet
A cabinet is a body of high-ranking state officials of the two houses of the parliament
which is consisted upon peers and chief executives of the United Kingdom.
They all are usually called ministers and mutually are responsible and politically
depends upon a parliamentary majority for its existence and follows the rules laid down
by the Prime Minister

4) Evolution (growth) of cabinet system

The modern Cabinet developed long ago with the name of privy council (Private council)
in government of Britain it has its roots in the 11th century - The Privy Council was a
group of executive members of the church, who gives advices to the king.
In the 15th century the Privy Council was consisted upon 40 councilors who were
dealing administrative matters. Because of the failure of such a large councils, kings had
reduced the circle of advisors. And with the passage of time it become Cabinet from
Privy council

5) Nature of British Cabinet

Cabinet is a body which is not recognized by the law. Its existence is only customary e.g.
based on custom or conventions

6) Composition of British cabinet

The Prime minister makes the cabinet on the advice of King. All the members of the
cabinet are the members of the parliament. In the institution, there is no legal status of
the cabinet
7) Features of the cabinet system
Following are the feature of cabinet system

I. Exclusion of the king from cabinet

The Queen or King does not attend the cabinet meetings. King or Queen is not legally
bound to attend cabinet meetings on regular basis or ever. It is constitutionally
recognized that they will not attend the meetings

II. Co-operation between Cabinet and Parliament

There is a complete co-operation between the cabinet and the Parliament. Both of
these departments help each other in official related issues facing by the state as well as
they are supporter of each other

III. Leadership of the Prime Minister

The Prime Minister plays dominant role in Cabinet because cabinet has been formulated
by the Prime Minister on the advice of the King. Prime is the keystone of the cabinet and
overrule the cabinet

IV. Secrecy
The meetings of the cabinet are secret and private. Every member of the cabinet makes
promise of the secrecy. The discussion is not release in the public

V. Ministerial responsibility
Individually all the members of the cabinet are responsible persons of the house of
commons and they all are liable for their acts

VI. Collective responsibility

Collectively all the members of the cabinet are responsible. All the members work as a
team because cabinet stands or falls together as a unit

VII. Political homogeneity

Political homogeneity means that all the members of the cabinet have similar views
upon their policies because they belong to one political party

VIII. Unity of cabinet

Unity of the cabinet is the outstanding features of the British cabinet system. The
cabinet always acts as unit. It wouldn’t be wrong if they are called “the house with one
voice”
IX. No legal status
Cabinet is a body which is not recognized by the law. Its existence is only customary
laws. It is not mention in written that the cabinet is the part of the constitution. The
cabinet is called the child of the conventions

8) Functions of the British cabinet

Following are the important functions of the British parliament

I. Policy Making
The cabinet is the policy making body. The cabinet discusses and decided all kind of
national and internal policies. The cabinet decides the measure on account of which
administration of the government can be exercised

II. Executive functions

Following are the executive functions of the cabinet
1) Cabinet makes the general policies of the Government
2) It makes the foreign policies of the Government
3) The Cabinet makes strategies for war and peace
4) Cabinet makes appointments of high rank officials of the state

III. Legislative functions

The cabinet controls the legislative activities
1) The Cabinet prepares the speech of the king and king says this speech in the parliament
2) The cabinet prepares all the bills which are to be passed by the parliament
3) Cabinet send summons to the parliament on the advice of the king
4) The cabinet guides the leader of the house in the parliament

IV. Financial functions

The cabinet plays vital role in this regard. Cabinet prepares the budget of the country
and is responsible for the whole expenditure. The chancellor of the cabinet is the
finance minister of the country and is the member of the cabinet

V. Judicial functions
Following are the judicial functions of the courts
1) The judges of the important courts are being appointed on the advice of the cabinet by
the King
2) The cabinet prepares the rules and regulations for judiciary
3) The power of the pardon is exercised by the king is on the advice of the Cabinet

9) Preclude Remarks
The working of the cabinet system in England was very slow but steady. Prime Minister

is the head of the cabinet that makes the cabinet on the advice of the king. All members
of the cabinet exercise their large powers almost in all affairs of the government. The
members of the parliament are consisted upon high ranking officials of the state and all
are ministers of different spheres
Q # 08: Discuss the position of Prime Minister under the
British
Constitution.
1) Preface Fact
The Prime Minister of the United Kingdom is the head of Government of the United
Kingdom and chairs Cabinet meetings. In Britain, there is a parliamentary form of
Government. The Prime Minister being a head of the state occupies a very important
position. He is rightly called the keystone of the cabinet and the state and he is the
outstanding personality in England. According to the conventions of the country Prime
Minister must belongs to house of the Common

2) Qualifications of Prime Minister

Following are the qualification for election of Prime Minister of U.K

1. Citizen ship
Candidate must have citizenship whether he born any other country . Because a lot of
former prime ministers of U.K who were belong from other country and become PM of
U.K

2. Age
There is no age restriction to elect as Prime minister of U.K and not written in
constitution any mature person can be elected by Queen

3) Position of Prime Minister in Britain

Following are the different statements about the position of the prime Minister in the state
The prime Minister of England occupies a unique position in the Government
Prime Minister is the political Ruler of England
The Prime Minister is moon among the stars
He is the axis around which the entire government machinery revolves
Prime Minister is the captain of the ship of the State

4) Origin of office of Prime Minister

The office of Prime Minister is a result of mere accident. Mr Robert Walpole was the
first prime Minister of the U.K who preside over the meetings of the cabinet and he was
the longest serving Prime Minister of the British.There is no specific date when the
office of Prime Minister first appeared, as the role was not created but developed over a
period of time. The term “Prime Minster” was used in the House of Commons in 1805
and in 1905 the post of Prime Minister has been officially recognized by law. And after
the act of 1906 , act of 1917 and act of 1937 recognize the office of Prime Minister

5) Appointment of Prime Minister

The King appoints any person as Prime Minister who attains the majority of the house
after the general elections of the country. And then Prime Minister makes the cabinet
on the advice of king

6) Functions and powers of the Prime Minister

Following are the powers and functions of the prime minister

I. National leader
The Prime Minister is the national leader of the country. He makes all the policies for
country and he only is the leader of his people all the high ranked official obeys his
orders

II. Chief of the Cabinet

Prime minister is the cheif of his cabinet because he makes his own cabinet by himself
on the advice of king. He is the dominating personality in the cabinet. He appoints all
the minister and they all are work under his guidance

III. Leader of the House of Common

Prime Minister is the leader of House of Common. He represents the House of Common
in the Cabinet. He is the chief spokesman of the government and all important
announcements in the house are made by him

IV. Head of Government Departments

The Prime Minister is the head of the Government departments. He is the head of
important committees. Because he has superior authority among all other exists in the
state or country. His opinions always supersedes on others opinions

V. Chief advisor of crown

Prime Minister is the chief advisor of the king. He gives important advices to the king
because he is selected by the king and king dominates upon Prime Minister

VI. Control over foreign affairs

Prime Minister controls over foreign affairs of the state. He makes foreign policies and
attends all the important conferences held between the countries
VII. Policy maker
Prime Minister is the policy makes because all important policies of the state relating to
all matters are made by Prime Minister and no one can challenge these policies

VIII. Power of appointment

The king appoints the important appointments on the advice of Prime Minister. Following
are the appointments
1) Appointment of Ambassador
2) Appointment of diplomatic representative
3) Appoint of Governor-General
4) Appoint of Governor of Colonies
5) Appoint of Finance Minister
6) Appointment of Member of Cabinet
7) Appointment of Civil and Military officers

IX. Power of dissolution

The Prime Minister is the only person who can dissolve the house of common on the
advice of king. Prime Minister always consults with the cabinet for dissolution of the
house

X. Settlements of disputes
The Prime Minister settle the disputes between the different departments of the
government and between the members of cabinet or other and Prime Minister plays his
significant role in this regard in order to abolish the disputes

XI. Acknowledged leader of his party

The Prime Minister is the acknowledged leader of his party because his selection is
based upon the majority of parliament

XII. Source of communication between king and cabinet

The Prime Minister is a source of communication between the king and cabinet. He play
a vital role between king and cabinet. He delivers ideas from a place to another

7) Preclude Remarks
The prime Minister of the British has great powers in his hand. He can change the laws, repeal the laws and

modify them with the need of time. He dominates on all department of the United Kingdom no one challenge
his authority. He is superior to all officials existing in the state. He can dissolve the house and can appoint any
kind of official on the advice of king and all other official policies are being made by him
Q # 09: Discuss the doctrine of the Ministerial
responsibility under the
British Constitution.
1) Preface Fact
One of the salient features of the British cabinet is Ministerial responsibility. The cabinet
members are responsible to house of common individual as well as collectively for their
every act of commission or omission with in their cabinet. Every member is or every
minister being a head of his department is answerable to the public as well as to house
of common and king. It comes also in the ministerial responsibility that every member of
the cabinet must approve publicly of its collective decisions or resign. As well as
Ministers are individually responsible for the work of their departments and are
answerable to Parliament for all their department activities.

2) Meaning of Ministerial responsibility

Following are the two ministerial responsibilities

I. Parliamentary responsibility
This is responsibility of the ministers to acquire the confidence of the house of common.
If they fail to acquire the confidence of the house of common and minister does not sign
the resign from his office to leave his post, there is no provision in law to compel him for
signing the resignation because it is the matter of convention and not of law. It is called
parliamentary responsibility

II. Legal responsibility

If a minister losses the confidence of house of common, a legal responsibility imposes
him which means every minister is answerable before the court for his acts on the
behalf of king because all act are being endorsed by king. This is a matter of law not
merely a matter of conventions

3) Origin of Ministerial responsibility

In early age, the British kings were absolute rulers but when parliament becomes the
sovereign body, it began to punish the ministers by means of impeachment. Then king
began to choose ministers from parliament. It is defined that if a member wins the
confidence of house will be elected as minister and if he fails to win the confidence of
house he will have to resign. During the 19th century this concept has been fully
developed

4) Importance of Ministerial responsibility

Ministerial responsibility is an important principle in British cabinet because this
principle makes the government answerable for his deeds before the courts as well as
public and king too

5) Features of ministerial responsibility

Following are of three features of the ministerial responsibility

I. Responsibility to the king

It is the responsibility of the ministers to keep the king informed about their activities or
what they do. This feature shows that all minister are responsible for their acts before
the king as well as responsible for their decisions

II. Responsibility to one another

The cabinet as a whole is answerable for the acts of its member. The minister either
agrees with the decision of the cabinet or not agrees but he would also be considered
answerable for this decision. And minister will have to follow the policy which has been
decided in the joint meeting of the ministers

III. Responsibility to the house of common

The ministers are also responsible to the House of the commons.The members can also
be criticized by the house of common. The cabinet only can remain in the office if they
win the confidence of the house of common if they fail to win the confidence of the
house , cabinet will be dissolved by the house

6) Types of Ministerial responsibility

Following are the types of ministerial responsibility

I. Individual ministerial responsibility

As every minister is a political head of his department and is a most senior official of the
state. It is therefore each and every minister is answerable to the parliament for his
work and decisions as well as he personally is responsible for any breach of law and
answerable before the court
If a minister commits a mistake which harms his department ,in this case he individually
responsible and he will have to resign from his post but if the Prime minister or cabinet
come to his defence ,it becomes a matter of collective responsibility
II. Collective ministerial responsibility
In this case all ministers are responsible whether they are included in the cabinet or not.
Even they attended the cabinet meeting or not. If the policy comes under an obligation
then all ministers were held responsible for this

7) Advantages of the ministerial responsibility

This concept gives the three merits to the British system of government

I. Answerable to the public

Keeping in view this concept, there are all members of the cabinet are responsible for
their deeds ,policies ,decisions made, before the public and answerable to people which
is best for administration of country affairs

II. Unity of cabinet

All of the ministers of the cabinet know that their cabinet will remain in office till they
are united.
Anyone who disagrees with the policy he will have to resign or will be removed from
cabinet by the Queen on the advice of Prime Minister

III. Efficiency of government

In order to enhance their ministerial work. Every minister keeps himself informed that
what his colleagues and the cabinet are doing in related to official affairs

8) Preclude Remarks
The concept of the ministerial responsibility deeply influenced upon the British
government system or cabinet , by this concept the system is developing rapidly and
growing positively. And all ministers who are empowered by the parliament , and they
are answerable before the parliament for their deeds and policies. This concept is help
the British government to improve their mechanism or work and able to set himself on
high place in the world
Q # 10: Explain the Rule of law under British Constitution.
1) Preface Fact
The rule of law is result of struggle of British people for recognition of their fundamental
rights. In U.K law is supreme and every act of Government must be authorized by law
either passed by the Parliament or passed by the common law which has been
recognized for hundreds years ago. One of the prime objects of making laws is to
maintain law and order in society and develop a peaceful environment for the progress
of the people. The concept of Rule of Law plays an important role in this process.

2) Meaning of rule of law

The meaning of rule of law is defined as under:
Rule of law indicates that none of the person is above or below the law. All the
persons are equal in the eyes of the law. If any person violates the law .He should face
the trial of the case in the court.

3) Decay’s Explanation of the rule of law

The English jurist decay’s has given a explanation of the concept of the rule of law in his
book” Law of the constitution” published in 1885. The gave following meaning to this
concept

I. No arbitrary (Man Maani) punishments

No man is punishable by law until he breaches the law of the state. All of those person
who has been accused of an offence should be presented before the court for the trial
in legal manner and no one can be deprived of his life ,liberty and property

II. Equality before law

Secondly, rule of law indicates that in U.K every citizen, rich or poor, high or low is
subject to same law and the same courts of law. U.K law does not make any difference
between act of government and citizen. If any public officer does any wrong with an
individual, legal actions would be taken against him according to the existing law of the
state

III. Judicial decisions

Finally, rule of law means that the general objects of the constitutions are the result of
judicial decisions which are determining the rights of private persons in particular case
before the courts
4) Parliamentary sovereignty and rule of law
Rule of law provides support to Parliamentary sovereignty. Before the Parliamentary
sovereignty courts are unable to make their discretions on laws of the state. Parliament
can break the rule of law for the provision of justice to the people and court cannot stop
the parliament to breaking of rule of law. The act of breaking laws is the supreme
exercise of the parliamentary sovereignty for legalize the criminalities

5) Importance of rule of law

The government and its officials as well as individuals and private bodies are
accountable under the rule of law. Rule of law is the basic principle of the British
Constitution. It secures the liberty of the citizens of British. Law is the supreme over all
person and all persons needs to follow it for their convenience

6) Instances of rule of law

Following are important instances (Namoonay) of the rule of law

I. The right of personal freedom

According to rule of law. People have personal freedom in England. No one can be
arrested without lawful reasons

II. The right of freedom of decision

According to rule of law. People of England have right to freedom of decision or
freedom of speech. Media is independent even everyone can criticize to the
government policies

III. The right to public meeting

Rule of law provides a lot of freedoms, one of them are freedom of meeting. In England
people have right of gathering or public meeting or form a political parties

IV. Ministerial responsibility

Ministerial responsibility is important instance of the theory of rule of law. If one
minister do wrong other will be held responsible for his wrong action

7) Exceptions
Following are the exceptions to Rule of law

I. Crow is not responsible for the wrong of his officers

Crown is not responsible for the wrong done by his officers. A government official
personally will be responsible for his mistake made in his official capacity
II. Servants of crown are incapable if dismissed
If crown dismisses his servants even without a reason, servants are totally incapable to
take action against the crown

III. Public officers are not responsible for the wrong of their
subordinates
As crown is not responsible for the wrong done by his officers as the public officers are
also not responsible for the wrong done by their subordinates because there are certain
privileges have given to public officers

IV. Judges of the courts are not responsible

The judges of the courts will not be hold responsible for anything done by them in the
official course of their business

V. Foreign rulers cannot be trialed

There is exceptions that rulers cannot be trial by any court in England for any wrong
committed by them

VI. Diplomatic representatives cannot be trialed

Diplomatic representatives cannot be trailed by any court in England for any wrong
committed by them

VII. Crown’s power to refuse or grant passport

Crown has power to refuse or grant passport to travel in any country. The order of the
crown cannot be challenged in any court of England

VIII. Cancellation of citizenship

If the citizen of someone is cancelled on legal grounds, it cannot be challenged in any
court

IX. Power of home minister to naturalize alien

The action of the home minister regarding naturalization of aliens cannot be challenged
in any court of law

X. Time of proceedings against public servant

It is necessary that legal action should be taken against any public servant who may
exercise his powers illegally and violate the the rule of law. The right of action laps after
six months
XI. Justice of peace
Justice of peace are not liable for any act if the act is not wrongful

XII. Trade unions are not liable

Trade unions enjoys of lot of protection in England and are not liable for their actions

8) Effect of rule of law

The court interprets legislations keeping in view the theories of rule of law
The rule of law gives every citizen a safe place to stand and give protections from official
and private individuals. It helps people to feel themselves secure and save

9) Preclude Remarks
The rule of law played a pivotal role in the administration of justice but currently it has
been quiet modified. There are a several limitations upon rule of law which indicate that
the rule of law is not fully followed in England today
RULE OF LAW
1. Preface Fast
One of the basic principles of English Constitution the rule of Law This doctrine is accepted
in the ' constitution of U. S. A and also in Pak. Under Article 4 & 25. The term rule of Law 15
used as rule according to Law 5 It denotes that all men are equal and behave equally and It
gives supremacy to all Law to man.

2. MEANING OF RULE OF LAW

It mean law really rules and justice should preyail: >_

OXFORD DICTIONARY OFLAW:

“The supremacy of law”.

3. DEFINITION OF RULE OF LAW:

. '.The expression rule of Law eonnotes the undisputed supremacy of Law.

'(I) DEFINED BY DICEY AS:

Men are ruled by the Law and by the Law alone, a 1 man with 1,15 may be punished for a
breach of Law but cannot be punished for nothing else.

(II) DEFINE BY BLACK STONE.

, That the decisions should be made by the application of known principles or Laws without
the intervention of discretion in their application.

4. HISTORICAL PERSPECTIVE:

Since the days of Greek philosopher, Law has been considered as. ”the primary means of .
subjecting government's power to Control. 1 . .. _ . ‘

(I) ORIGIN QF DOCTRINE:

; The term is of old origin and 13 derived from French phrase. , ' “La prihciple ‘de
legalite .
The principle of legality , It refers to a goVernment based on principles of Law and
no to men.

' ARISTOTLE ARGUEs THAT

Govt by Laws was superior to Govt. by men. -,

(II) ORIGINATOR OF DOCTRINE1'

' 1. SIR EDWARD COKE:

The chief justice in reign ' of James I was the originator of this concept. '
In a battle against the king, he maintained ' successfully that the king should be
under God and the Law, and be established supremacy of Law against the .
executive.

(III) DIFFERENT NAMES OF THE DOCTRINE IN ‘

DIFFERENT ERAS:
The rule of Law was widely accepted and 'practicable in the past. But people changed its
name. ' according to this own approach.

ROMAN's APPROACH .
' Romans called it '. Jus Naturale '

MEDIAEVALISTS APPROACH
" ' They called rule of Laws as "Law of God" '

ACCORDING. TO HQEBES, LoCKE & ROUSSUEAL

‘They called rule of Law as “Social Contract" or the ’ "'Natural Law".

IN MODERN WORLD:
In modern world we called this doctrine as Rule of Law .

5. DIFFERENT ASPECTS OF "RULE 0F LAW

The term rule of Law covers different aspects of Law and enables them to be followed
properly. Here are the different aspects of rule of Law

(i) Individual rights must not be infringed.

(ii) Law which rules the land must he supreme ' and not the arbitrary will of the rule. '
(iii) Offence must be punished under the Law. '
(iv) All are subject to Law.
(v) Government must under the Law
(vi) Reflects supremacy of Parliament.

6. DICEY'S EXPOSITION OF RULE OF LAW

The exposition was first published In 1885 in introduction to the "Law of Constitution". Dicey gave
three . principles of this doctrine.

(i) Absolute supremacy of Law.

(ii) 1 Equality before Law.

:(iii) ‘ Predominance of Legal spirit._

I. ABSOLUTE SUPREMACY OF LAW

(A) ABSENCE OF ARBITRARY POWER:

Explaining the first principle Dicey states that rule ' of law means absolute supremacy or
predominance of regular Law as opposed to the influence of arbitrary power 01 wide discretionary
power

B) FORM OF GOVT.

The rule of Law requires government should be ' subject to the Law rather than the law subject to
govt .

(C) PUNISHMENT ACCORDING 0f LAW:

Man can he punished, arrested or be Iawfully made , to suffer in body OR goods except by due
process of Law

(D) PRINCIPLE OF NATURAL JUSTICE: '

"'Audi ‘Alteram ' Patterm" }t is' a basic. Principle of natural justice that no one Should be
condemned unheard. . Rule of Law also lays stress that the opportunity of being heard should be
given to all.

(II) EQUALITY BEFORE LAW.

Dicey states that there must be equality before the law or the equal subjection of all classes to the
ordinary " Law of Land

(A) ONE LAW FOR ALL:

Dickey says that, there should impartiality of Law, and there must be one ' Law for all and treat’
everyone equality.

(II) PREDOMINANCE OF LEGAL SPIRIT OR JUDICIAL DECISION:

‘ Dicey states that the general principles of the constitution are ‘the result of judicial
decisions of the courts of England. He emphasized the role of the Courts as ‘ guarantors of
Liberty and suggested that the right would-be secured more adequately if they were
enforceable in the courts of Law than by mere declaration in the documents.

7. CHARACTERISTICS OF THE TERM ' RULE OF LAW:

Following are the different characteristics of this term

(i). F air and impartial trial of everyone should" ‘ be made.

(ii). Procedure adapted by either by court or by ' administrative authorities should be fair. '

(iii) No one can be judge in his own cause.

(iv) No one can be condemned unheard

8. CRITICISM ON DICEY‘S EXPQSITION:

The doctrine 'of rule of law expounded by dicey was never fully accepted in England even his days.
Therefore the criticism was made on dicey's exposition as under ;

(1') immunity of King from being sued.

(ii) Protection to Govt. officials from being sued.
(iii) immunity to foreign rulers and diplomats.
(iv) Growth of administrative justice.
(v) Crown to terminate any contract of services.
(vi) King can do no wrong.

9. RULE OF LAW AND ITS IMPLICATIONS TODAY:

The implication of this term has been classified in three broad categories.
(l) LAW & ORDER BETTER THAN ANARCHY:
Rule of law expresses preference for Law & order with in a community rather than
anarchy, warfare and constant strife.

(II) GOVT. ACCORDING TO LAW.

The rule of Law expression a legal doctrine of fundamental importance, namely that govt.
must be conducted according to Law, a general principle of Law which is declared and
applied by judicial decision.

(III) RULE or LAW as BROAD POLITICAL ' DOCTRINE:

The rule of law refers to a body of political opinion about what the detailed rules of law
should provide in matters both of substance and procedure

10. INTERNATIONAL MOVES TO PROMOTE RULE OF LAW:

. (i) European conventions on Human Rights led to recognition of rule of Law as common '
heritage.
(ii) Universal Declaration of Human Rights, , ,adopted by the United Nations in 1948, have
recognized this principle.
(iii)' Golder's case 1975 led to reaffirmation of rule of Law as a dynamic concept.
(iv) At New Delhi in 1959,lawyers from 53 ' countries formally declared that the rule of Law
is a dynamic concept.

11. ADMINISTRATIVE AUTHORITIES AND RULE OF LAW:

The doctrine of rule of Law has been proved to be an effective instrument in controlling the
administrative” ' authorities within their limits It served as a King of touchstone to judge
and test the administrative action.

12. MODERN CONCEPT OF RULE OF

Today Dicey’ s theory of rule of Law cannot be accepted in its totality.

Davis gives seven principal meanings of the term

(i) Law & Order
(ii) ' Fixed rules
(iii) Elimination of discretion
(iv)' Due process of Law.
(v) Natural Law and Principles of natural. Justice
(Vi) Preference for judges and ordinary courts of Law to executive authorities. and
administrative tribunals .

(vii) Judicial review on administrative action.

13. RULE OF LAW UNDER PAK CONSTITUTION 1973:

Dicey's rule of Law has been adopted and corporate in the constitution of Pakistan
(I) IN PREAMBLE:
The principles of democracy, freedom, equality, tolerance and social justice, as enunciated
by Islam, shall be fully observed.
(II) RIGHT OF INDIVIDUALS TO BE DEALT WITH IN ACCORDANCE WITH LAW
UNDER‘ARTICLE 4 OF PAK. CONST. 1973.
Protection by Law is inalienable right of every citizen where he may be and of every other
person for the time being within Pakistan.
A) No person shall be prevented from doing that which is not prohibited by Law
B) No-action detrimental to the life, liberty, body or ' reputation shall be taken except in
accordance with law.

(III) EQUALITY OF CITIZEN U/ART. 25:

Ali citizens are equal before Law and entitled equal protection.

14. Preclude Remarks

‘In order to conclude I must mention that the rule of ' Law expresses a preference for Law and
order. within. a ' community rather than‘ anarchy and' warfare. It has very ' functional aspect in the
modern world. It also works against the abuse of administrative authorities. In the .field of
administrative Law the main object of rule of have is to keep the administrative authorities within
their limits, to protects the individuals from their abuses and to enforce the Government of Law
rather than men.
‫آپ سب کی دعاؤں کا ہمہ وقت طلب گار‬

‫لیکچرار‪ :‬مــبشراقبال‬
‫ایڈووکیٹ ھائی کورٹ‬
‫‪LL.B, LL.M, MSC, Dipl Communication Skills‬‬

‫آفس‪ :‬فاطمہ اینڈ اقبال الء چیمبر الھور‬

‫ایڈریس‪ :‬ھجویری ٹاور بیسمنٹ ‪ 01-B‬چوبرجی چوک‬
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