The philosopher Aristotle — B. He described a constitution as creating the frame upon which the government and laws of a society are built. British history that has led to a new beginning: the last time that happened was in , when the adoption of constitutions was not part of the political discourse. The nearest Britain came to such an event after that was in the civil war in the mid 17th century. A document, called the Instrument of Government, was drawn up in , and would have provided the basis for the future government of the country without a monarchy but with matters firmly under the control of Parliament.
However, this was abandoned following the restoration of the monarchy in A constitution is a thing antecedent to a government, and a government is only the creature of a constitution. Since , there has been no break in its constitutional history, apart from the constitutional upheavals of the late 17th century.
Instead of the constitution preceding and making the government, the arrangements for government came into being and subsequently developed. In other words, the British constitution was not made, it has grown — Sir Ivor Jennings.
Here are some of the characteristic of UK Constitution: 1. The constitution is flexible and based on continuity of development. In the absence of a written constitution having the status of fundamental, or higher law, the concept of Parliamentary sovereignty or legislative supremacy represents the cornerstone of the constitution.
There is no strict separation of powers between the executive, legislature and judiciary, although a separation of functions exists and the concept retains importance under the constitution. The United Kingdom has a constitutional monarchy. The United Kingdom is a unitary, as opposed to a federal state 6. The legislature is bicameral in nature.
The judiciary is independent. Source of UK constitution We can now identify the sources of the British constitution, both legal and non-legal, as follows: constitutional land marks, European Union law, Acts of parliament, common law, scholarly writing, constitutional convention, prerogative power.
The people who play crucial role for constitution are the crown, the prime minister, minister, members of the commons and lords and the judges. This week will introduce you to the British Constitution and identify its sources. Week 2 will also look at the fundamental constitutional principles which underpin the English Legal System. The sources of the British constitution. Introduction to English Common Law. Enroll for Free. This Course Video Transcript. Some of these conventions are: 1.
The British monarch cannot veto the bills passed by the parliament. The sovereign invites the leader of the majority party in the House of Commons to form the cabinet. The money bills originate in the House of Commons. The cabinet remains in power as long as it enjoys the confidence of the majority party in the House of Commons, otherwise it has to resign.
It is a complex amalgam of institutions. It is a complex compendium of charters, statutes, decisions, precedents, usages and traditions. Some of them are living only in the understanding of the people.
Faizan law associates 6 November at Unknown 26 October at Legal authorities and eminent jurists have written comments on constitutional law of England. The four elements of the British constitution mentioned above are of written character. Common law is of unwritten character.
It is the law based on the immemorial customs of the people and recognized by law courts. Originally, it was based on common law of the land. It was by common law that the sovereign King and Queen was the source of all power in the country. Though much has now been changed by statutes, a considerable portion, of the British constitution is still based on common law. The prerogative discretionary power of the sovereign, for example, rests entirely on common law. Many basic rights of the people, jury trial, freedom of speech and assembly etc.
Convention is another source of the British constitution lies in its conventions or political traditions. These conventions are neither a part of written law, nor can they be enforced and recognized through the courts.
0コメント