POLITICAL SCIENCE-I PRESENTATION

(SEM II)
CONSTITUTION OF UNITED KINGDOM

By: Tushar Yadav

B.A.LLB. 20-25
WHAT IS UK CONSTITUTION

• Constitutions generally organize, distribute, and regulate state power.

• It set out the structure state, state institutions, and principles governing their relations with
each other and with citizens.
• But Britain have all this without any written constitution; as Britain has not any single legal
document which sets out in one place the fundamental laws outlining how the state works.
• British Constitution has evolved over a long period of time, reflecting the relative stability
of the British polity. It has never been thought necessary to consolidate the basic building
blocks of this order in Britain.
• Thus it is more accurate to refer to Britain's constitution as an 'uncodified' constitution,
rather than an 'unwritten' one.
• The British constitution can be summed up in eight
words: ''What the Queen in Parliament enacts is law.''
• This means that Parliament, using the power of the
Crown, enacts law which no other body can challenge.
Parliamentary sovereignty is commonly regarded as the
defining principle of the British Constitution. This is the
ultimate lawmaking power vested in a democratically
elected Parliament to create or abolish any law.
• Other core principles of the British Constitution are
often thought to include the rule of law, the separation
of government into executive, legislative, and judicial
branches, and the existence of a unitary state, meaning
ultimate power is held by 'the centre' - the sovereign
Westminster Parliament.
SOURCES OF BRITISH CONSTITUTION

• HISTORIC CONSTITUTIONAL DOCUMENTS: first source of British Constitution is great Charters and accords
which defines and regulates the powers of Crown and rights of citizens. for example;
1. Magna Carta(1215) the 'Great Charter of the Liberties of England'. This established the principle that
our rulers, at that time the king, could not do whatever they liked, but were subject to the law as agreed
with the barons they governed. This simple concept laid the foundations for constitutional government and
freedom under the law. In so far as Magna Carta was 'the first great public act of the nation'.
2. Petition of rights(1628) it laid down that no person in England can be compelled to pay any loan, gift or
taxes without previous sanctions of Parliament.
3. Bill of rights(1689) it made Parliament supreme law making body and provided list of individual rights.
4. Act of settlement(1701) it fixed rules regarding orders of succession of British throne.
5. Act of union with Scotland(1707) it contains provisions which have permanently United Scotland with
England under one common government.
• Statute law: This is law made by Parliament, and is one of the most important sources of the UK
constitution, as statute law overrides other laws. Examples would be the Parliament Act, 1911, Human
Rights Act of 1998, Reforms Act, 1832, Indian Independence Act, 1947.

• Common law: This is judge-made law'- laws based on precedent and tradition. When deciding on the
legality of a case, judges will use previous decisions on similar cases- these are examples of common law.
For example- the powers contained in the Royal Prerogative (which are now exercised by the Prime
Minister).

• Conventions: These are non-legal established rules of conduct and behaviour- what is 'expected'. For
example, the monarch granting Royal Assent (royal approval) to each bill passed by Parliament, the
appointment of the Prime Minister (the leader of the Commons' largest party), and collective responsibility
(all government ministers openly support all government policy). There are no judicial remedies or
penalties if conventions are violated.

• Prerogatives Of Crown: The royal prerogative is considered to be part of the common law in that it
authorizes the executive branch of government to carry out certain acts such declaring war, or granting
honors. It is a historical legacy that reflects the monarch's previous role as assigning directions to
Parliament on the countries governance. Much of this legacy has now been removed through legislation;
such powers are now exercised by government Ministers on behalf of the monarch.

• Judicial Decisions: Another written source of law is case-law. Although judges should merely interpret
the law, and not get involved into a law making process, many crucial legal principles have been
established in the course of legal proceedings.

• Juristic Writings: Texts written by legal experts may acquire exceptional legal significance, e.g. Dicey's
SALIENT FEATURES OF BRITISH
CONSTITUTION
• Unwritten: One of the most important features of the British constitution is its unwritten character. There
is no such thing as a written, precise and compact document, which may be called as the British
constitution. The main reason for this is that it is based on conventions and political traditions, which have
not been laid down in any document, unlike a written constitution, which is usually a product of a
constituent assembly.

• Evolutionary: The British Constitution has evolved gradually and developed from age to age, expressing
itself in different charters, statutes, precedents, usages and traditions. It is the oldest among all existing
constitutions. The British Constitution has not undergone drastic or radical transformations and whatever
changes have taken place, they have been made in conformity with the basic constitutional structure.

• Flexibility: The British constitution is a classic example of a flexible constitution. It can be passed,
amended and repealed by a Simple Majority (50% of the members present and voting) of the Parliament,
since no distinction is made between a constitutional law and an ordinary law. Both are treated alike. The
element of flexibility has provided the virtue of adaptability and adjustability to the British constitution.
This quality has enabled it to grow with needs of the time.
• Unitary Character: The British constitution has a unitary character
as opposed to a federal one. All powers of the government are vested
in the British Parliament, which is a sovereign body. Executive organs
of the state are subordinate to the Parliament, exercise delegated
powers and are answerable to it. There is only one legislature.
England, Scotland, Wales etc. are administrative units and not
politically autonomous units.
• Parliamentary Government: The British Constitution provides for a
Parliamentary form of government as distinct from the Presidential
form of government. The Monarch is the nominal head of the State.
He has been deprived of all his powers and authority. The real
executive is the British Cabinet headed by the Prime Minister. The
Cabinet is composed of Ministers who belong to the majority party in
the House of Commons and they remain in office so long as they
enjoy its confidence. Since the Ministers are both the executive
heads and members of the Parliament, there is coordination between
the executive and legislative wings of the government. There is little
chance of conflict between the executive and the legislature. As such
the work of the government goes on smoothly.
• Sovereignty of Parliament: The term Sovereignty means Supreme Power. A very important feature of
the British Constitution is sovereignty of the British Parliament (a written constitution being absent). The
British Parliament is the only legislative body in the country with unfettered power of legislation. It can
make, amend or repeal any law.

• Mixed Constitution: The British Constitution is a mixture of the monarchical, aristocratic and
democratic principal.

• Unreality: Another characteristic of the English Constitution is its unreality. It has righty been pointed
out that nothing in it is what seems or seems what it.

• Two Party System: Two party system is flourished in British right from the beginning of the
parliamentary period. Before the emergence of the present labour party in the second decay of the
present century, the fight was between the conservatives and the Liberal party, but now the liberal
party has lost its political significance.

• Rule of Law: Another important feature of the British constitution is the Rule of Law. It implies equality
or all before supremacy, uniformity and universality. It has three implications:
a) All persons are equal before jaw irrespective of their position or rank.
b) This doctrine emphasizes the supremacy of the law and not of any individual.
c) No one can be detained or imprisoned without a fair and proper trial by a competent court of law. Nor
can a person he punished or deprived of his life, liberty or property except for a specific breach of
law proved in an ordinary court of law by an ordinary procedure. A corollary to this principle is the
doctrine that, “the King/Queen can do no wrong”.
• Independence of Judiciary: The Rule of Law is safeguarded by the provision that judges
can only be removed from office for serious misbehavior and according to a procedure
requiring the consent of both the houses of the Parliament. So, the judges are able to
give their judgments without any fear or favor.

• Role of Conventions: A necessary corollary to the unwritten character of the

constitution is that the conventions play a vital role in the British political system. For
example, while the Queen has the prerogative to refuse assent to a measure, passed by
Parliament, but by convention, she cannot do so and the same has become a rigid
principle of the constitution itself. By Convention, again, the Queen cannot go against the
advice of the cabinet. Likewise, there are dozens of conventions, which do not have any
force of law yet they are scrupulously adhered to and constitute the very blood and flesh
of the constitution.

• Besides these, there are some other features of the British constitution, which are as
follows:
a) Constitutional Monarchy
b) Referendum etc.