Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
CONSTITUTION
SUBMITTED TO:-
Declaration
I ATUL VERMA hereby declare that the project work entitled " SALIENT FEATURES OF
BRITISH CONSTITUTION " is record of an original work done by me under the guidance of
Faculty Member Dr. B.K. Mahakul.
Certificate
formed the basis for the award of any degree, diploma, associate ship, fellowship or
other similar title of recognition.
Date: 12/02/2016
Dr. B.K.Mahakul
(Faculty member Major Political System),
Hidayatullah National Law University, Raipur
3
Acknowledgements:
I feel highly elated to work on the topic SALIENT FEATURES OF BRITISH
I take this opportunity to also thank the University and the Vice Chancellor for providing
extensive database resources in the Library and for the Internet facilities provided by the
University.
Some printing errors might have crept in, which are deeply regretted. I would be grateful to
receive comments and suggestions to further improve this project report.
Atul verma
4
Roll No: 35
Semester IV
TABLE OF CONTENTS:1- INTRODUCTION 6
2- SALIENT FEATURES OF BRITISH CONSTITUTION 7
3- CONCLUSION .14
INTRODUCTION
A constitution is a set of fundamental principles or established precedents according to which a
state or other organization is governed1. These rules together make up, i.e. constitute, what the
entity is. When these principles are written down into a single document or set of legal
documents, those documents may be said to embody a written constitution; if they are written
down in a single comprehensive document, it is said to embody a codified constitution.
Constitutions concern different levels of organizations, from sovereign states to companies and
unincorporated associations. A treaty which establishes an international organization is also its
constitution, in that it would define how that organization is constituted. Within states, a
constitution defines the principles upon which the state is based, the procedure in which laws are
made and by whom. Some constitutions, especially codified constitutions, also act as limiters of
state power, by establishing lines which a state's rulers cannot cross, such as fundamental rights.
An example is the constitution of the United States of America.
1 The New Oxford American Dictionary, Second Edn., Erin McKean (editor), 2051
pages, May 2005, Oxford University Press
6
Non-codified:
This is the most important and most distinguishing feature of it. It is based on Conventions and
2 Gordon, Scott (1999). Controlling the State: Constitutionalism from Ancient Athens
to Today. Harvard University Press. p. 4
7
Customs that have been prevailing from a long time in UK. Such unwritten sources form the
major part of the constitution3.
There are many Acts, Treaties which are in written form and they make it partly written and even
then Non-codified. These were also gradually added and adopted. The first written piece
being Magna Carta 1215, Bill of Rights 1689, Parliamentary Acts of 1911 & 1949 and
so many others.
The King in theory has all the powers and can exercise them but in reality he is a mere signatory
figure. He works on the advice of Prime Minister. As Walter Bagehot quotes,
The British Queen reigns but does not rule.
Unreality:
Apart disparity between theory and practice, there is also an element of unreality. Things are
not what they look like. There exists a great divergence in its theory.
Nature of Conventions:
Conventions are deeply rooted in the British Constitution. If anyone wants to know the British
Constitution, must study the conventions carefully. There are many conventions which are only
known to the Cabinet, Judiciary and Parliament. These form the excessive unwritten part and
being an important feature are also a major source of Constitution.
E.g.
1. Prime Minister is chosen from House of Commons.
2. Queen must give her assent to all the bills passed by Parliament.
3. House of Lords benches are red, while House of commons benches are Green.
Flexibility of Constitution:
Though the constitution is not in a proper codified form, it has a great adaptability character. It is
very easy to amend and make new laws. It requires a simple majority to pass an amendment.
Regardless of its flexibility, there have been a very few changes made till date.
Unitary State:
It is called a Unitary state because there are no units in Britain. All powers are concentrated into
one Single central Authority4.
Bicameralism:
It literally means divided into two parts. British Legislative authority, the Parliament is divided
as follows:
House of Lords:It consists of 26 Bishops and Archbishops of Church of England called as Spiritual Peers;. There
are 92 Hereditary Peers, 1 Irish Peer, 16 Scottish Peers and several hundred Life Peers5.
These are nominated by the Crown on the advice of PM.
House of Commons6:It consists of 650 members elected by citizens of Britain. This house is more powerful than the
House of Lords. Money bills can only originate from House of Commons. PM is also selected
from House of Commons.
Sovereignty of Parliament:
British Parliament is very powerful and Supreme. Following are the major points that describe it
and clarify its character:
1. There is no Law which British Parliament cannot make or undo.
2. No Court can challenge the acts or laws passed by the parliament.
3. It rules the monarch and can decide its fortune and acts.
4. It can prohibit the King to marry a woman of his choice.
5. It can change the hereditary rule of throne by just one simple act.
6. It can abolish monarchy, abolish House of Lords and distribute Powers to its Citizens.
7. It can do anything, except make a man a woman and conversely.
Rule of Law:
It is said that Law is above everyone and applies to everybody. It is a very fundamental concept
having following aspects7:
Consistency:The Laws should be applied equally to all, no one is above the Law.
Accountability:Laws are necessary to provide a standard to measure the action of the state.
Due Process and Access to Justice:No one should be punished without a trial. It must be a fair trial and held before an independent
and impartial tribunal.
This can be viewed by the various Acts of Parliament, judicial decisions and by virtue of
common law.
Merger of Powers:
UK is a good example of merger of powers. There are three pillars of its government.
Executive: It is the body which executes Laws, proposes and enforces them. It comprises of the
Monarch, Prime Minister.
Legislative: It is the body which makes or amends Law.
Judiciary: It interprets Laws.
In Britain, Executive and Legislative are fused into one and another forming Cabinet.
Before 2009, UK could be seen as a complete merger of powers. Now Supreme Court is also
established separately in UK. Earlier, Executive the Crown & PM, The Judiciary and the
Legislative bodies were combined together in Westminister, Uk.
12
Blended Constitution:
This is a very unique feature of the British Constitution. It is a mixture of Monarchy, Aristocracy
and Democracy.
Monarchy: Due to existence of Crown
Aristocracy: Due to existence of House of Lords
Democracy: Due to existence of House of Commons.
Conservative Nature:
The long driven conventions are a proof of their conservative nature. This has made their
Constitution even stronger.
Rights of Citizen:
Britain has recognized broad liberties to its citizens. These fundamental Rights are embodied in
Bill of Rights 1689.
Element of Adjust ability:
Adaptability and Adjust ability of the British Political Institutions are remarkable traits of her
political life. Transition from Feudalism to Capitalism, Absolute Monarchy to Constitutional
Monarchy and from a Police State to a Welfare State have been peaceful and Gradual.
Fundamental Rights
13
Fundamental rights of the citizen has not been incorporated in the from of a list in the English
constitution.
Consitution law is not creator but a product of fundamental rights, which have been
recognized from time to time by the courts.
Collective Responsibility
Ministers must stand together and they cannot oppose the Government policy. Every minister is
also individually responsible to the house of commons and the crown.
CONCLUSION
To conclude, I can say, that British Constitution in neither absolutely unwritten nor absolutely
written. It is a combination of both and has made a circuit for the globe and has become the
common possession of civilized man. Thus British constitution is one of the unique constitution
among Nations.
15