Q Describe the salient features of the british constitution?
Q What are the salient features of british constitution?
Q What is constitution and what are its salient features?
Constitution:
A body of fundamental principle or established precedents according to which state and other organization is governed. These rules together make up i.e constitute what the entity is. When these rules are compiled together in a written document those documents are set to comprise a constitution. It is also define as, the sytem of fundamental rule and principles that prescribes the nature, functions and limits of a government or another institution.
Generally, every modern written constitution confers powers to an organization or institutional entity, established upon the primary condition that it abides by the said constitutions limitations.
A constitution is an authoritative text possessing legal force that prescribes the structure and principles of llimited government. The constitutional text is normative, stipulating how government shall be organized, the ends it may pursue, and the means to be employed in pursuit of those ends.
Constitution of UNITED KINGDOM:
The constitutions of U.K is unique in nature and has provided inspiration to other all constitutions of the world The object of the constitutions is to provided justice and to take up against issues related to violation of rights. Every law passed in britian has constitutional significance and every judgement passed become question
Salient features of u.k constitution
Following are the salient features of the U.K constitution
1. Unwritten :
The British constitution is unwritten in nature but it does not imply that all of its parts are unwritten. It means that constitution has not been written in a single document. Some of the components are in written form such as Parliament act of 1911 etc. ( NOT CODIFIED).
2. Evolutionary (Gradual) growth:
The British constitution is a result of an evolutionary growth. Conscious efforts as well as needs to time shaped its spontaneous growth. There was no trigger incident which happened to result in constitution
3. Flexible constitution:
The British constitution is a flexible constitution and the parliament can amend it by a simple majority by making alterations in the statutory law.
4. Unitary:
The state is unitary and there is no defining written constitution controlling the powers of central government. There exists a sovereign legislative body, which represents the ultimate law making power in the state. All powers of the state are concentrated in the hands of single government for the whole country. There are no units or states in Britain, no provincial government.
5. Bicameralism :
The parliament consists of two chambers House of Lords and house of commons. The House of commons is a popular chamber whose members are directly elected by the people While the house of lords is basically a hereditary chamber and its members are nominated by the Queen
6. Supremacy of the Parliament:
In U.K Parliament has complete supremacy or sovereignty. No law enacted by the parliament can be challenged in the court of the plea that is against the constitution. According to De loeme “British Parliament can do everything except to make a man into a woman”
7. Constitutional monarchy:
From the constitutional point of view, the crown is the repository of the entire authority of government in Britian. Queen is the head of state, and all acts of government are undertaken in the name of queen. Though the legal powers held by the crown are, for the most part, exercised in her name by the elected government of the day.
8. Contrast in theory and practice :
There is a sharp constrast between theory and practice. Theoretically British government is absolute monarchy but practically the government structure is closer to democratic form.
9. Collective responsibility:
Ministers are collectively responsible for making law and they cannot oppose against the government policy. Every minister is individually responsible to play his role positively. In other words the minister cannot go against or deny government policy and if he want to oppose he may resign.
10. Indivisual responsibility:
Every minister is also individually responsible to the house of common and the crown.
11. Limited separation of power :
In Britain, there is limited separation of powers mean that it exhibits mainly but not completely separated powers. There is concentration of political powers in the parliament while the cabinet which exercises executive power is just a committee of the parliament.
12. Independency of judiciary :
Nevertheless many safeguards have been provided especially under Act of Settlement of 1701 to secure the independence of judiciary from undue influence on the part of other two branches of the government. Judges are paid liberal salaries and ensured security of service.
13. Rule of law:
U.K constitution provides rule of law. The Principle of rule of law defines as that, none of the person is above or below the law and that all persons are equal in the eye of law. If any person violates the law he should face the trial of the case in government and no person is given imprisonment until his offense in proved in the court . its is said “the king derives its powers from law”.
14. Fundamental rights:
Fundamental rights of the citizens have not been incorporated in the form of a list in the Britain constitution. Constitutional law is not the creator but a product of fundamental rights, which have been recognize from time to time by the courts.
15. Conventions :
Conventions play a vital role in the Britain political system. A government is formed and removed on the basis of conventions in Britain. As Prof. Smith says that the conventions are main living source behind the constitution. In Britain the most important position is appointed by convention by queen.
16. Two party system :
Liberal party has lost its political significance now and now there are only parties Conservative party and second are labour party in Britain
17. Universal adult suffrage :
In Britain every individual of the age of 18 has the right to vote
18. Mixed constitution :
One of the best quality of the British constitution is that , the British constitution is a mixture of the monarchial and democratic principles
19. Conservativeness :
The British constitution is a symbol of conservativeness. The trend of the people of U.K is absolutely in favor of old institutions and this concept shows existence of conservatism.
20. Establishment of local government institutions :
The existence of local government institutions are symbols of the civil liberties and freedom the of the people of Britain
21. Unreality :
Another characteristic of the English constitutions is its unreality. It has been pointed out that noting is in it. This is totally unreal constitution.
Conclusion:
The united kingdom constitution is classified as unwritten or uncodified. It it the result of gradual evolutionary development over centuries rather than a consciously constructed document drafted to meet the needs and aspirations of a country at a particular time and intended to remain largely unaltered in the future.
