Features of the British constitution

                                          Features of the British constitution 

Introduction.

There can be no state without a constitution. A constitution consists of those fundamental rules which determine and distribute functions and powers among the various organs of the government as well as determine the relations of the governing authorities with the people.

The Britain has led the modern world in the development of civil rights and modern constitutions. Since the 17th century, British have been the chief model of representative government. The British government was a model for people everywhere seeking political modernization. It has unique ability to adopt without violence. In the modern times, the British have been extraordinary able to adopt their political institutions to new needs and new ideas within a framework of legality.

Salient Features of the British constitution:

Following are the salient features of the British constitution:

1.Unwritten constitution: (partly written as well)

The British constitution is unwritten because it is not derived from a single source. The French writer De Tocqueville once remarked that: “England has no constitution.”

British constitution is a mixture of charters, statutes, judicial decisions, common law, usages or traditions, customs, conventions, precedents etc. The first constitutional document was the Magna Karta of 1215, then the bill of rights 1689, then the parliament Acts of 1911, 1949 etc. The British constitution was not framed at a single time. It is still in the process of growth.

2.Evolutionary constitution:

The British constitution has developed through a process of gradual evolution. It is still going through the process of growth. It was not framed by a person or a king for his own advantage. The British people have developed their constitution from precedent to precedent and from past experience of law and practice.

3.Flexibility of the constitution:

one of the most important features of the British constitution is its flexibility. This means that it can be amended by the parliament. In England there is no difference between the ordinary law and the constitutional law. The British constitution is different from that of America’s or Pakistan’s. In America or Pakistan his constitution is considered to be a supreme document in which amendment is very rare. The England’s constitution is always under the process of growth.

4.Unitary constitution:

The England’s constitution is a unitary constitution. All the powers of the state are concentrated in the hands of a single government for the whole country. All the local governments are the servants of the central authority which has created them and can dissolve them also.

5.Its unreality:

one of the unique features of the British constitution is what is called its unreality. There is a great difference in its appearance and its reality. In other words there is a great divergence in its theory. It is an absolute monarchy while in reality it is a democratic state ruled by a parliament elected by the people.

6.Its organic nature:

The nature of the British constitution is organic. It is constantly growing. There is much in it which remains the same and there is much also which changes according to the needs of the time. It is continually developing. Thus, an improvement will always occur in the British constitution after some time and a new constitutional document will be added afterwards. The change from monarchical system to parliamentary democracy is an example of its organic nature.

7.Parliament’s sovereignty:

Parliament is sovereign. The British parliament can do everything except making man a woman and vice-versa. The sovereignty of the parliament is a source of flexibility of the constitution. Bagehot remarked that the English parliament can abolish monarchy and establish republic in the country.

8.Party System:

The British political system has been working successfully due to the existence of two major parties. In England the existence of two major parties has contributed to the strengthening of political traditions. When one party forms the government the other sits in opposition. The party in power always looks after the interest of the opposition party because they know that if today they are in opposition, tomorrow they can be in power.

9.Nature of conventions:

Another very important feature of the British constitution is the existence of a large number of conventions in it. No one can understand this constitution properly without studying these conventions carefully. These are a part of the constitution but they are not laws, because as such these conventions cannot be enforced by the courts. They are well known to all those who run the government.

Examples of the conventions:

 The Prime Minister must sit in the House of Commons

Parliament must meet at least once in a year

10.Rule of law:

One of the parliament feature of the British constitution is the Rule of law. It has two basic meanings:

 “In England no man can be made to suffer punishment or to pay damages for a conduct not definitely forbidden by law”

In England no person is above the law. No one can break the law with impunity.

11.Independence of Judiciary:

The British constitution I based on the principle of independence of judiciary. Since the year 1700 this principle has been a fundamental principle of the English constitution. Although the judiciary is no doubt independent in Britain but the right of judicial review is not granted.

12.Bicameral legislature:

According to the constitution the British parliament consists of two houses ----The House of Commons (lower house) and the House of Lords (upper house). Thus, the kind of legislation in Britain is Bi-cameral.

13.A blend of Monarchy Aristocracy and Democracy:

The British constitution is a unique blend of monarchy, aristocracy and democracy.

Monarchy---- due to the existence of queen and king

Aristocracy---- House of Lords

Democracy--- Britain is now a democratic state run by a parliament elected by the people.

Conclusion:

The above study brings forth a unique feature of the British constitution that not only the constitution is revolutionary but the evolution is still continuing. There are a large number of conventions in the British constitution which are respected like laws. Thus, on the whole the British Government has shown a unique ability to adopt itself to the changing circumstances.