ASSIGNMENT- POLITICAL SCIENCE-I

SUBJECT CODE- LLB 110

CONSTITUTION OF UNITED KINGDOM

DEPARTMENT OF LAW
TRINITY INSTITUTE OF PROFESSIONAL STUDIES

SUBMITTED TO: SUBMITTED BY:

Ms. Richa Tyagi Tushar Yadav
Assistant Professor, TIPS BALLB 2020-25
Semester- 2
E.No. 04820603820

What is UK Constitution?
Constitutions organise, distribute and regulate state power. They set out the structure of the state,
the major state institutions, and the principles governing their relations with each other and with
the state's citizens. Britain is unusual in that it has an 'unwritten' constitution: unlike the great
majority of countries there is no single legal document which sets out in one place the
fundamental laws outlining how the state works. Britain's lack of a 'written' constitution can be
explained by its history.
In other countries, many of whom have experienced revolution or regime change, it has been
necessary to start from scratch or begin from first principles, constructing new state institutions
and defining in detail their relations with each other and their citizens. By contrast, the British
Constitution has evolved over a long period of time, reflecting the relative stability of the British
polity. It has never been thought necessary to consolidate the basic building blocks of this order
in Britain. What Britain has instead is an accumulation of various statutes, conventions, judicial
decisions and treaties which collectively can be referred to as the British Constitution. It is thus
more accurate to refer to Britain's constitution as an 'uncodified' constitution, rather than an
'unwritten' one.
It has been suggested that the British Constitution can be summed up in eight words: What the
Queen in Parliament enacts is law. This means that Parliament, using the power of the Crown,
enacts law which no other body can challenge. Parliamentary sovereignty is commonly regarded
as the defining principle of the British Constitution. This is the ultimate lawmaking power vested
in a democratically elected Parliament to create or abolish any law. Other core principles of the
British Constitution are often thought to include the rule of law, the separation of government
into executive, legislative, and judicial branches, and the existence of a unitary state, meaning
ultimate power is held by 'the centre' - the sovereign Westminster Parliament. However, some of
these principles are mythical (the British constitution may be better understood as involving the
fusion of executive and legislature) or in doubt (Parliamentary sovereignty may now be called in
question given the combined impact of Europe, devolution, the Courts, and human rights).

Sources of British Constitution

The British Constitution is derived from a number of sources:

(1) Historic constitutional documents: the first source of British Constitution is great
Charters and accords which defines and regulates the powers of Crown and rights of citizens etc.
For example;
1)Magna Carta(1215) the 'Great Charter of the Liberties of England'. This established the
principle that our rulers, at that time the king, could not do whatever they liked, but were
subject to the law as agreed with the barons they governed. This simple concept laid the
foundations for constitutional government and freedom under the law. Insofar as Magna
Carta was 'the first great public act of the nation'.
2) Petition of rights(1628) it laid down that no person in England can be compelled to pay any
loan, gift or taxes without previous sanctions of Parliament.
3) Bill of rights(1689) it made Parliament supreme law making body and provided list of
individual rights.
4) Act of settlement(1701) it fixed rules regarding orders of succession of British throne.
5) Act of union with Scotland(1707) it contains provisions which have permanently United
Scotland with England under one common government.

(2) Statute law: this is law made by Parliament, and is one of the most important sources of
the UK constitution, as statute law overrides other laws. Examples would be the Parliament Act,
1911, Human Rights Act of 1998, Reforms Act, 1832, Indian Independence Act, 1947.

(3) Common law: this is judge-made law'- laws based on precedent and tradition. When
deciding on the legality of a case, judges will use previous decisions on similar cases- these are
examples of common law. For example- the powers contained in the Royal Prerogative (which
are now exercised by the Prime Minister).

(4) Conventions: these are non-legal established rules of conduct and behaviour- what is
'expected'. For example, the monarch granting Royal Assent (royal approval) to each bill passed
by Parliament, the appointment of the Prime Minister (the leader of the Commons' largest party),
and collective responsibility (all government ministers openly support all government policy).
Dicey in Introduction to the Study of Law of the Constitution (1885) distinguishes between law
and conventions. Laws are enforceable in the courts. There are no judicial remedies or penalties
if conventions are violated.

(5) Prerogatives Of Crown: the royal prerogative is considered to be part of the common
law in that it authorises the executive branch of government to carry out certain acts such
declaring war, or granting honours. It is a historical legacy that reflects the monarch's previous
role as assigning directions to Parliament on the countries governance. Much of this legacy has
now been removed through legislation; such powers are now exercised by government Ministers
on behalf of the monarch.

6) Judicial Decisions: another written source of law is case-law. Although judges should
merely interpret the law, and not get involved into a law making process, many crucial legal
principles have been established in the course of legal proceedings.

(7) Juristic Writings: texts written by legal experts may acquire exceptional legal
significance, e.g. Dicey's An Introduction to the Study of Law of the Constitution.

SALIENT FEATURES OF BRITISH CONSTITUTION

• Unwritten
One of the most important features of the British constitution is its unwritten character. There is
no such thing as a written, precise and compact document, which may be called as the British
constitution. The main reason for this is that it is based on conventions and political traditions,
which have not been laid down in any document, unlike a written constitution, which is usually a
product of a constituent assembly.
• Evolutionary
The British constitution is a specimen of evolutionary development. It was never framed by any
constituent assembly. It has an unbroken continuity of development over a period of more than a
thousand years. It is said that the British Constitution is a product of wisdom and chance.
 • Flexibility
The British constitution is a classic example of a flexible constitution. It can be passed, amended
and repealed by a Simple Majority (50% of the members present and voting) of the Parliament,
since no distinction is made between a constitutional law and an ordinary law. Both are treated
alike. The element of flexibility has provided the virtue of adaptability and adjustability to the
British constitution. This quality has enabled it to grow with needs of the time.
• Unitary Charecter
The British constitution has a unitary character as opposed to a federal one. All powers of the
government are vested in the British Parliament, which is a sovereign body. Executive organs of
the state are subordinate to the Parliament, exercise delegated powers and are answerable to it.
There is only one legislature. England, Scotland, Wales etc. are administrative units and not
politically autonomous units.
• Parliamentary Executive
Britain hasa Parliamentary form of government. The King, who is sovereign, has been deprived
of all his powers and authority. The real functionaries are Ministers, who belong to the majority
party in the Parliament and remain in office as long as they retain its confidence. The Prime
Minister and his Ministers are responsible to the legislature for their acts and policies. In this
system, the executive and legislature are not separated, as in the Presidential form of
government.
• Sovereignty of Parliament
The term Sovereignty means Supreme Power. A very important feature of the British
Constitution is sovereignty of the British Parliament (a written constitution being absent).
The British Parliament is the only legislative body in the country with unfettered power of
legislation. It can make, amend or repeal any law.
• Mixed Constitution
The British Constitution is a mixture of the monarchical, aristocratic and democratic principal.
• Unreality
Another characteristic of the English Constitution is its unreality. It has righty been pointed out
that nothing in it is what seems or seems what it.
• Role of Conventions
Conventions are known as unwritten maxims (rules) of the Constitution. They provide flexibility
and avoid amendments.
Most constitutions of the world have conventions. A necessary corollary to the unwritten
character of the British Constitution is that conventions play a very vital role in the British
political system. For example, while the Queen has the prerogative to refuse assent to a measure
passed by the British Parliament, but by convention, she doesn't do so and the same has become
a principle of the constitution itself.
However, the legal status of conventions is subordinate to the written law.
• Two Party System
Two party system is flourished in British right from the beginning of the parliamentary period.
Before the emergence of the present labour party in the second decay of the present century, the
fight was between the conservatives and the Liberal party, but now the liberal party has lost its
political significance.
• Rule of Law
Another important feature of the British constitution is the Rule of Law. Constitutionalism or
limited government is the essence of Rule of Law. This checks the arbitrary action on part of the
Executive. According to Dicey, there are three principles of Rule of Law, found in Britain:
1. Protection from arbitrary arrest and the opportunity to defend oneself.
2. Equality before Law: All persons are equal before law, irrespective of their position or rank.
Equality before Law is different from the concept of Administrative Law, which gives immunity
of various types to public servants. In the absence of Constitution and Fundamental Rights in
Britain, the judiciary protects this law. So this system is called as the Principle of Common
Laws.
3. The rights of people in Britain are guaranteed by the judiciary. The Judiciary gives recognition
to the common laws. Thus, the people in Britain enjoy rights, even in the absence of a Bill of
Rights or Fundamental Rights.
• Independence of Judiciary
The Rule of Law in Britain is safeguarded by the provision that judges can only be removed from
office for serious misbehavior and according to a procedure requiring the consent of both the
Houses of Parliament. So, the judges are able to give their judgments without any fear or favor.
• Limited Monarch
• Check and Balance

Bibliography
• The English Constitution by Walter Bagehot
• https://en.wikipedia.org/wiki/Constitution_of_the_United_Kingdom
• https://www.ucl.ac.uk/constitution-unit/what-uk-constitution/what-uk-constitution
• And some youtube lectures of Drishti IAS and Law Wits.