Q 1: DISCUSS THE SALIENT FEATURES OF BRITISH CONSTITUTION (1999). 1. Introductio Introduction: n: “The English Constitution has made a great circuit of the globe and has become a common possession of civilized man”. (G. B Adams A Constitution means certain principles on !hich the Government of the "tate is organized and !hich determines the relations bet!een the people and the Government the Constitution of #.$ is uni%ue in nature and has provided inspiration for a number of other constitutions in the !orld. &ollo!ing are the salient features of the #$ constitution' I. Unritt!n: The British Constitution is un!ritten un!ritten in nature but it does does not impl that all of its parts are un!ritten. )t means that it has not been reduced to !riting in a single document. "ome of o f the components are found in !ritten from. "uch as the *eform Act +,- and the /arliament Act of +0++ etc. II. E"o#ution $rot%: British Constitution is a result of an evolutionar gro!th. gro!th. Constitution e1orts as !ell as needs of time shaped its spontaneous gro!th. III. F#!&i'#! Contitution Contitution:: British Constitution is a 2e3ible Constitution and parliament can amend it li4e alterations in the statutor la!s b a simple ma5orit. I. Unit*r+: British have unitar constitution. All po!ers of the state are concentrated in the hands of a single government for the !hole countr countr.. There are are no units or states in British. . Bic*,!r*#i,: Bi c*,!r*#i,: The /arliament /arliament consists of t!o chambers chambers 6ouse of 7ords and 6ouse of Commons. The 6ouse of commons is a popular chamber !hose member directl elected elected b the people !hile the 6ouse of 7ords is basicall a hereditar chamber and its member are nominated b the 8ueen. I. Su-r!,*c+ o t%! /*r#i*,!nt: )n #.$9 /arliament has complete "upremac or sovereignt. :o la! enacted b the parliament can be challenged in the court on the plea that is against the constitution. According To ;e 7oeme' “British /arliament can do everthing e3cept to ma4e a man into a !oman”. II. Contitution 0on*rc%+: &rom Constitution point of vie!9 the cro!n is the repositor of the entire Government Government of authorit in British. III. Contr*t in T%!or+ *nd /r*ctic!: There is sharp contrast contrast bet!een theor and practice practice in #.$. As ogg points out that “theoreticall9 British Government Government is absolute abs olute monarch9 its government governme nt from signi
I. Co##!cti"! R!-oni'i#it+: =inisters must stand together and the cannot oppose the government polic ever minister is also individuall responsible to the 6ouse of Commons and the cro!n. . Li,it!d S!-*r*tion o /o!r: )n British9 there is limited "eparation of po!er. There is concentration of political po!ers in the parliament !hile the cabinet !hich e3ercises e3ecutive po!er is 5ust a committee of the parliament. :evertheless man safeguards have been provided especiall under Act of "ettlement of +>?+ to secure the independence of 5udiciar from under in2uence on the part of other t!o branches on the Government. I. Ind!-!nd!nc! o 2udici*r+: :ecessar safeguards have been provided against all sorts of interference in 5udicial process. @udges are paid liberal salaries and ensured securit of service. II. Ru#! o L*: #.$ Constitution provides rule of la!. The principle of rule of la! ma be de
I. Et*'#i%,!nt o Loc*# $o"!rn,!nt Intitution: The e3istence of local Government in #.$. Constitution is another comprehensive feature of the Constitution. 7ocal Government institutions are smbols of the civil liberties and freedom of the people. . Unr!*#it+: Another characteristic of the English Constitution is its unrealit. )t has right been pointed out that nothing in it is !hat seems or seems !hat it. 5. Conc#uion: To conclude9 ) can sa9 that #.$. Constitution in neither absolutel un!ritten nor absolutel !ritten. )t is a combination of both and has made a circuit for the globe and has become the common possession of civilized man.
SOURCES Introduction.
“The British constitution is the child of wisdom and chance.” There can be no state without a constitution. The constitution consists of fundamental rules which determine and distribute functions and powers among the various organs of the government as well as determine the relations of governing authorities with the people. Most of the modern constitutions are written, the British constitution is the only constitution which is unwritten.
Lord Bryce wrote: “British constitution wors by understanding which no writer can formulate. “
!rench writer "e Toc#ueville once remared: “$ngland has no constitution,” Because he did not found it in a written form. But the British constitution is the chief model for all the countries. %t has shown a uni#ue ability to adopt without violence.
Sources: The sources of the British constitution can be divided into two parts: The laws of the constitution ¬ The conventions of the constitution ¬
A) The laws of the constitution: The laws of the constitution are based on the written documents. These include &istoric documents, acts of the parliament, 'udicial decisions and common laws.
1. The Historic constitutional documents The historic constitutional documents form a very important source of the British constitution. The importance of these documents can be 'udged from the fact that the transition process from absolute monarchy to constitutional government in Britain was triggered by these elements e.g.: Magna carta ()*)+ ¬ The petition of rights ()-* ¬ The bill of rights ()-/ etc.¬
. The acts of the !arliament: The laws made by the parliament from time to time have also contributed and furthered the transition to constitutional government in Britain e.g. The act of &abeas corpus ()-0/ ¬ The act of settlement ( )01)¬ 2eform acts of ( )3*,)-0,)4,)/),)/*¬ 5cts of parliament ( )/)), )/4/ ¬ %ndian independence act of )/40 etc. ¬
". #udicial decisions: These are also important sources of the British constitution. 6udicial decisions e7plain and interpret the rules and statutes passed by the parliament. &ere it is to be noted that these rules cannot be challenged by any court in Britain.
$. Common law: 8ommon laws are also a very important source of British constitution. $specially these relating to the liberty of the sub'ects i.e. many basic rights of the people e.g. 'ury trial, freedom of speech and assembly are based on common law as practiced by various courts in the country.
%) The con&entions of the constitution:
The conventions are not recogni9ed or enforced by any court. These are highly respected by the British electorate and leadership. The conventions of the British constitution are actually of unwritten character. They form an important part of the constitution. They are important because they have enabled the British political system to adopt itself to t he changing needs of the time. ome of these conventions are: ). The British monarch cannot veto the bills passed by the parliament. *. The sovereign invites the leader of the ma'ority party in the &ouse of 8ommons to form the cabinet. 3. The ;rime Minister and !inance Minister both are taen from the &ouse of commons 4. The money bills originate in the &ouse of 8ommons. +. The cabinet remains in power as long as it en'oys the confidence of the ma'ority party in the &ouse of 8ommons, otherwise it has to resign. -. 5ll the civil servants are tried in the same court lie any other citi9en ( 2ule of Law
Conclusion: ;rofessor Munro writes: “The British constitution is not to be found in a definite and precise document. %t is a comple7 amalgam of institutions. %t is a comple7 compendium of charters, statutes, decisions, precedents, usages and traditions. ome of them are living only in the understanding of the people.”
Thus the study of the sources of the British constitution reveals the fact that if on one hand it consists of laws which are written, it also has an unwritten part in the shape of conventions. Two factors that have definitely contributed to the ability of the British constitution to adopt itself to the changing needs of the time are< its evolutionary nature. The conventions of the constitution.
Co,,on L*: Common la! ma be de
Con"!ntion: According to /rof. ;ice Convention are those customs or understanding as to the mode in !hich various members of sovereign legislative bod should e3ercise their discretionar authorit. The substantial portion of # .6 $. Constitution is based on convention. These are not codi ;ecisions of the @udiciar must not be criticized b =/Is and =inisters in public. , @udges must not be involved in political activities. 0 /arliament must be summoned to meet at least once a ear. Ro+*# /r!ro3*ti"!: The monarch has a signi
preDdating the establishment of the present parliamentar sstem are still formall retained b the 8ueen. )n practice almost all ofthese po!ers are e3ercised onl on the decision of =inisters of the Cro!n (the Cabinet. These po!ers9 4no!n as the roal prerogative9 include the follo!ing' • The appointment and dismissal of government ministers • The summoning9 opening9 prorogation9 and dissolution of /arliament • The assenting to legislation • The po!er to declare !ar9 and to deplo the armed forces • The po!er to conduct relations !ith foreign states9 including the recognition of states or governments9 and the ma4ing of treaties • The issuing of passports To sum up9 !e can state that much of the #$ constitution is no! • !ritten do!n9 in a !hole s!athe of statute la!. 6o!ever9 a signi
