INTRODUCTION
The British Constitutional system is the oldest democratic system in the modern world. Great Britain is a Mother of Democracy. The British Constitution is constantly growing, continually developing, and changing from time to time.
DEFINITION OF CONSTITUTION
According to Colin’s Law Dictionary:
The Constitution of a country or organization is the system of laws and rules that formally states people’s rights and duties.
SALIENT FEATURES OF THE BRITISH CONSTITUTION
We may classify the salient features of the British Constitution into the following:
A. FEATURES REGARDING THE NATURE:
1. UNWRITTEN:
The most important feature of the British Constitution is unwritten. No single document adopted by the constituent assembly in England contains the entire Constitution. The British Constitution has evolved through the ages and is embodied in various constitutional laws, statutes, judicial decisions, conventions, customs & wages, and commentaries of jurists.
2. EVOLUTIONARY:
British Constitution is a child of evolution. It is not the product of any express legislative Acts but results from centuries of growth.
3. FLEXIBLE CONSTITUTION:
British Constitution is flexible. The reason is that;
(a) It is easily amendable.
(b) A simple majority can easily change fundamental and ordinary laws.
(c) It protects the individual’s rights.
(d) It gives sovereignty to the legislature.
4. CONVENTIONAL:
British Constitution is primarily based upon rules of practice or conventions. These conventions of the Constitution have revolutionized the very nature of the British Constitution.
5. MIXED CONSTITUTION:
British Constitution is a mixture of absolute and limited monarchy because:
(a) It has aristocracy i.e. in the House of Lords
(b) It has democracy i.e. in the House of Commons
(c) It has a monarchy i.e. in the Crown office.
B. FEATURES REGARDING THE FORM OF GOVERNMENT:
1. Unitary Character:
British Constitution has a unitary character. It means that the central Government is the exclusive source of all Governmental authority in Britain, and all power of Government is vested in the British parliament, which is a sovereign body. The executive organs of the state are subordinate to it.
2. Parliamentary Executive:
British Constitution establishes a parliamentary form of Government consisting of two houses, i.e. House of Lords and the House of Commons. The King has been deprived of all his powers and authority. All abilities and control belong to the majority party in parliament and remain in office so long as they can retain their confidence.
3. Limited Monarchy:
There is a limited monarchy in England as the powers of the King have been taken away through statutes and conventions, and at present, the King can do nothing without the advice and consent of the ministry.
C. FEATURES REGARDING THE MECHANISM:
1. Sovereignty of the Parliament:
Parliament is supreme and sovereign in England. It can amend, repeal, and abolish any ordinary or constitutional law. Its command in law is final, and no court in the country can challenge the validity of laws passed by parliament.
2. Bicameral Legislature:
British parliament consists of two chambers. The House of Commons is the Lower chamber, and its members are directly elected by the electorate. In contrast, the House of Lords is the upper and hereditary chamber, and the King nominates its members.
3. Independence of Judiciary:
Although the British Constitution is not based on the theory of strict separation of powers by convention and traditions, a lot of independence has been allowed to the Judiciary. The British Judiciary is the most highly impartial, upright, and unamendable to any political influence. Only the House of Commons can impeach the Judges.
4. Ministerial Responsibility:
United, they stand; divided, they fall. Ministers must stand together and, unless they resign, cannot oppose the governmental policy. The minister is individually responsible to the House of Commons and the Crown.
D. FEATURES AS TO ADOPTION
1. Limited Separation of Powers:
The doctrine of separation of powers partially applies to the working of the English constitutional system. Rather than a separation of powers, there is a merger of powers like Pakistan and India. In the executive and legislature, the same persons held powers.
2. Checks and Balances:
The principle of checks and balances in the British Constitution is strongly recommended after consideration, for example.
(a) The two houses of parliament can pass a law, but no new law can be ( enforced unless and until the King signs it. Likewise, no order of the King is valid unless and until some countersigns the country ministry.
(b) Supremacy of parliament and thought Judiciary is independent and uninfluenced by political parties or the Crown. The check on the Judiciary is that the House of Commons can impeach the judges
3. Fundamental Rights:
The British Constitution is not the creator but a product of fundamental rights, which the courts have recognized from time to time. However, some liberties have been recognized by parliament through enactments.
4. Rule of Law:
The rule of law is the product of centuries of struggle of the British people for the recognition of their fundamental rights.
5. FEATURES REGARDING POLITICAL ACTIVITIES:
1. Universal Suffrage:
Every individual, regardless of colour, creed, and gender, up to the age of 18, has the right to vote. This right was given in the Representation of People’s Act of 1828 & 1932.
2. Two-Party System:
A two-party system is essential in any democratic system. It is against the dictatorship. The party selected by the majority gets elected. Two parties in the British political system are:
(a) Conservative Party
(b) Labour Party
3. Single Citizenship:
Unlike the USA, there is single Citizenship in the UK.
4. Direct Election:
In the UK, there is a direct election system that allows people to choose their representatives directly through their right to cast a vote.
5. Contrast between Theory and Practice:
There is a considerable gap between theory and practice in Britain. according to the convention of the Constitution, the Crown invites the leader of the majority party of the newly elected parliament to form the cabinet. At the same time, the prime minister appoints all the ministers.
CONCLUSION
British Constitution is a unique and flourishing Constitution of the world: The British Constitution has evolved through the ages and is embodied in various constitutional laws, statutes, judicial decisions, conventions, customs & wages, and commentaries of jurists; some of these are written, like the statutes and regulations, while others are unwritten, like the conventions of the Constitution.
FAQs
Explain the salient features of the British Constitution.
(2019-A 5-years, 2017-S)
Give a critical examination of the salient features of the British Constitution.
(2015-S)
Write in detail about the salient features of the unwritten British Constitution.
(2011-A)
Critically analyze the salient features of the British Constitution.
(2009-A, 2007-A)
