sources of British constitution LLB Notes

 sources of British constitution 

1) Introduction;-

 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 government.

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) Conclusion;- 

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.