salient features of British Constitution LLB Notes

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salient features of British Constitution


Introduction:-

 A constitution means certain principles on which the government of the state is organized and which establishes the relations between the people and government. British Constitution is unique in nature. It is constantly (Always) growing and changing from time to time.




Salient Features of British Constitution: -

     Following are Salient Features of British Constitution.

1) Unwritten;-

       In nature British Constitution is unwritten but it does not mean that all of its parts are unwritten. It means that it has not been reduced to writing in a single document. Beside the same fact some of the components are found in written form, e.g. Reform Act 1832, the Parliament Act of 1911 etc. 

2) Evolutionary Growth;-

 British Constitution is a result of an evolutionary growth. It is not the product of any express Legislative Act of Acts. British Constitution is a child of evolution. It is not a complete thing but a process of growth.

3) Flexible;-

         British Constitution is a flexible Constitution. British Parliament can amend constitution by ordinary legislative procedure and just by a simple majority. It’s because of absence of specific procedure required for the amendment of the constitution.

4) Unitary Constitution;-

          The British Constitution has unitary character. All powers of the state are concentrated in the hands of a single government for the whole country. There are no units or states in Britain.

5) Bicameralism;-

            The British Parliament consists of two chambers House of Lords and House of Commons. The House commons is the lower chamber of the parliament. It is a popular chamber whose members are directly elected by the people. On the other hand House of Lords is the upper chamber. It is basically a hereditary chamber and its members are nominated by the Queen/King.




6) Supremacy of the Parliament;-

           Parliament is supreme and sovereign in England. Its command is law and it is final. No court in the country can challenge the validity of laws passed by Parliament. In the Words of De Lomme, “British Parliament can do everything except to make a man into woman and vice versa”.

7) Collective Responsibility;-

            Ministers must stand together and they cannot oppose the governmental policy. Every minister is also individually responsible to the House of Commons and the crown.

8)Two Party System;-

     The presence of two party system has been credited for establishing the English political system. Two party system flourished in Britain right from the beginning of the Parliamentary period.

9) Rule of Law;-

        Rule of law may be defined as that none of the person is above or below the law. What is law for the one is also law for another. All the persons are equal in the eyes of law. If any person violates the law, he should face the trail of the case in the Government Court. No person can be punished unless and until it is definitely proved that he has violated some law of country.

10) Fundamental Rights;-

             Fundamental rights of the citizens have not been incorporated in the form of a list in the British Constitution. The freedoms of the Englishman are guaranteed by the ordinary law of the land. Infect the British Constitution is not the creator but a product of fundamental rights, which have been recognized from time to time by the courts.




11) Unreality;-

         Unreality is another characteristic of English Constitution. There is a great difference in the appearance and reality of the constitution e.g., it is an absolute monarchy in theory, but in reality the same theory is not functional. It is now a democratic state ruled by a parliament elected by the people.

12) Mixed Constitution;-

           The British Constitution is a mixture of the monarchical, aristocratic and democratic principle. In other words we can say it like this “British Constitution is a mixture of absolute and limited monarchy”.

13) Limited Monarch;-

          In England monarchy is limited in nature. As the powers of the king have been taken away through statutes and Conventions and those are being exercised by the Ministers in the name of the crown. At present the Crown can do nothing without the advice and consent of the Ministry.

14) Universal Adult Suffrage (Right to Vote);-

       Every individual of the age of 18 has the right to vote.

15) Conservativeness;-

        British Constitution is a symbol of Conservativeness. The trend of the people of U.K is absolutely in favour of old institutions and this concept is existence of conservatism.

16) Independence of Judiciary;-

   British Constitution is not based on the theory of strict separation of powers yet by conventions and traditions a lot of independence has been allowed to judiciary. Judges are paid liberal salaries and ensured security of services.

Conclusion;-

     It is rightly said that U.K constitution is neither absolutely (completely) unwritten nor absolutely (completely) written. It is a combination of both and has made a circuit (route) for the globe and has become the common possession of civilized man.


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