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    The British Political Tradition

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    adesh_pannu
    This document provides an overview of the sources, features, and conventions of the British constitution. It begins by outlining the key sources of the British constitution, including statute law, common law, royal prerogative, conventions, and authoritative works. It then describes some of the salient features, such as the unwritten and evolutionary nature of the British constitution, parliamentary sovereignty, flexibility, and the rule of law. Finally, it lists some of the important political conventions that guide the British system, such as conventions around the monarch accepting ministerial advice and money bills originating in the House of Commons.

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    The British Political Tradition

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    adesh_pannu
    320 views12 pages
    This document provides an overview of the sources, features, and conventions of the British constitution. It begins by outlining the key sources of the British constitution, including statute law, common law, royal prerogative, conventions, and authoritative works. It then describes some of the salient features, such as the unwritten and evolutionary nature of the British constitution, parliamentary sovereignty, flexibility, and the rule of law. Finally, it lists some of the important political conventions that guide the British system, such as conventions around the monarch accepting ministerial advice and money bills originating in the House of Commons.

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    This document provides an overview of the sources, features, and conventions of the British constitution. It begins by outlining the key sources of the British constitution, including statute law, common law, royal prerogative, conventions, and authoritative works. It then describes some of the salient features, such as the unwritten and evolutionary nature of the British constitution, parliamentary sovereignty, flexibility, and the rule of law. Finally, it lists some of the important political conventions that guide the British system, such as conventions around the monarch accepting ministerial advice and money bills originating in the House of Commons.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    320 views12 pages

    The British Political Tradition

    Uploaded by

    adesh_pannu
    This document provides an overview of the sources, features, and conventions of the British constitution. It begins by outlining the key sources of the British constitution, including statute law, common law, royal prerogative, conventions, and authoritative works. It then describes some of the salient features, such as the unwritten and evolutionary nature of the British constitution, parliamentary sovereignty, flexibility, and the rule of law. Finally, it lists some of the important political conventions that guide the British system, such as conventions around the monarch accepting ministerial advice and money bills originating in the House of Commons.

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    © All Rights Reserved
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    of 12

    THE BRITISH

    POLITICAL
    TRADITION
    (SOURCES, SALIENT FEATURES AND
    CONVENTIONS OF THE BRITISH
    CONSTITUTION)
    Submitted To:

    Submitted By:

    Dr. Sarabjeet Kaur


    U.I.L.S.

    Adeshwar Singh Pannu


    5th Semester (Major)
    Roll Number 4/12
    U.I.L.S.

    ACKNOWLEDGEMENT
    I would like to express my heart-felt gratitude to my
    teacher, Dr Sarabjeet, who helped me in the making of this
    project and encouraged me to collect practical and
    theoretical knowledge regarding the topic of my project.
    I would also like to thank the prestigious institute,
    University Institute of Legal Studies for giving me the
    opportunity to hone my writing skills and help in collect
    data, practical and theoretical, and information regarding
    the topic of my project.
    Yours Sincerely,
    Adeshwar Singh Pannu

    INDEX
    Source of British Constitution
    Features of British Constitution
    Conventions of British Constitution

    SOURCES OF THE BRITISH


    CONSTITUTION
    As the UK does not have a codified document, we have
    look for the key rules and practices of the British system in
    a number of places:

    1. Statute Law:
    This is law crated by Parliament. Acts of Parliament are approved
    by the Commons, Lords and the Monarchs, gain the force of law,
    and are then implemented by the executive and enforced by the
    courts. Any law that involves constitutional relationships becomes
    part of the constitution. Examples of this include the Parliament
    Act of 1911 (established the dominance of the House of
    Commons), the European Communities Act of 1972 (by which the
    UK joined the EEC) and the Human Rights Act of 1999 (which
    enshrined key rights into UK law)
    Statute Law is the most important source of the UK constitution as,
    under the doctrine of Parliamentary Sovereignty, the UK
    Parliament is the supreme law-making body.

    2. Common Law:
    This is law that has been developed and applied by UK courts.
    Where there is no clear statute law, the courts have to interpret and
    clarify the law. As no law is so precise that it needs no

    interpretation, judges are constantly contributing to the


    constitution.

    3. Royal Prerogative:
    This refers to discretionary powers of the Crown that are employed
    by Government Ministers in the name of the Monarch. The Crown
    retains a number of powers that date back to before Britain became
    a constitutional monarchy in the C17th. These include the power to
    declare war, to dissolve parliament, to appoint government
    ministers and judges. Today these powers lie with the Prime
    Minister and Government Ministers, the Prime Minister will
    inform the Monarch of their decision but the Monarch has not real
    power to veto their chosen course.

    4. Conventions:
    These are habits, norms and rules that through long usage have
    come to be considered binding on those who should abide by the
    constitution. They are neither codified nor enforced by courts of
    law, and as such there is no punishment if there is breached.
    Conventions include individual and collective ministerial
    responsibility. Conventions may not have the force of law, but
    breaking them can have political repercussions. For example if a
    minister refuses to resign in the light of mistakes made in their
    department, then the ministers position is weakened, they are open
    to parliamentary and media criticism, and this can even reflect on
    the authority of the Prime Minister.

    5. Authoritative Works/Academic Opinion:


    Some famous commentators have, through political and legal texts,
    become such influential observers and commentators on the UK
    constitution that their works have become accepted as works of

    authority on the UK constitution. The most famous examples (all


    C19th) are:
    ~ Walter Bagehots The English Constitution
    ~ Erskine Mays Treatise on the Law, Privileges, Proceedings and
    Usage of Parliament
    ~ AV Diceys An introduction to the Study of the Law of the
    Constitution

    FEATURES OF THE BRITISH


    CONSTITUION
    Following are some of the salient features of the British
    Constitution:

    1. Mostly Unwritten and Non-Codified:


    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 the British constitution.
    This aspect of the Birtish Constituion resulted in De Tocqueville
    remarking that the British constitution did not actually exist. The
    main reason for this is that the British constitution is based on
    conventions, political traditions and customs prevalent in England
    for a long time, which have not been laid out in any written
    document. Such unwritten sources form the major part of the
    constitution.
    There are many Acts, Treaties which are in written form and they
    make it partly written and even then Non-codified. These were also
    gradually added and adopted. The first written piece being Magna
    Carta 1215, Bill of Rights 1689, Parliamentary Acts of 1911 &
    1949 and many others.

    2. Evolutionary Constitution:
    British Constitution is the result of more than fifteen centuries and
    it is still growing. It is of an evolutionary growth. It would be very

    precise to call it a child of wisdom and chance. It has grown


    gradually and no fixed time or a fixed number of people created it.
    It was never framed by any constituent assembly. No precise date
    of its birth can be given and no body of persons can claim to be its
    authors because it is the product of gradual growth and
    development. It has an unbroken continuity of development over a
    very long period of time.

    3. Flexible Constitution:
    In theory, the British Constitution is a flexible constitution. It can
    be passed, amended and repealed by a simple majority of
    Parliament since no distinction is made between constitutional law
    and ordinary law. Both are treated alike. The element of flexibility
    has allowed the constitution to adapt its self to the changes in
    society, stay relevant and grow with time. However, Regardless of
    its flexibility, there have been a very few changes made till date.

    4. Rule of Law:
    Another important feature of the British constitution is the Rule of
    Law. It implies the following :
    1. All state actions must be authorized. Laws should not be
    arbitrary.
    2. Laws should be clear, certain and predictable.
    3. The Laws should be applied equally to all, no one is above
    the Law.
    4. Laws are necessary to provide a standard to measure the
    action of the state.
    5. No one should be punished without a trial. It must be a fair
    trial and held before an independent and impartial tribunal.

    5.Sovereignty of Parliament:
    British Parliament is very powerful and supreme. Following are the
    major points that describe it and clarify its character:

    1. There is no Law which British Parliament cannot make or undo.


    2. No Court can challenge the acts or laws passed by the
    parliament.
    3. It rules the monarch and can decide its fortune and acts.
    4. It can prohibit the King to marry a woman of his choice.
    5. It can change the hereditary rule of throne by just one simple
    act.
    6. It can abolish monarchy, abolish House of Lords and distribute
    Powers to its Citizens.
    7. It can do anything, except make a man a woman and conversely

    6. Unitary State:
    The British constitution has unitary character as opposed to a
    federal one as all powers of the government are vested in the
    British Parliament, which is a sovereign body. The executive
    organs of state are subordinate to it and exercise delegated powers
    and are answerable to it. There is only one legislature. England,
    Scotland, Wales etc. are administrative units and not political
    autonomous units.

    CONVENTIONS OF BRITISH
    CONSTITUTION
    While the United Kingdom does not have a written constitution
    that is a single document, the collection of legal instruments that
    have developed into a body of law known as constitutional law has
    existed for hundreds of years.
    British Politics and the British Constitution have many political
    conventions attached to it which have developed and been
    accepted over the years. A convention is an accepted way in which
    things are done. They are not written down in law but tend to be
    old, established practices the way they have always been done.
    Though these conventions are not set in legal stone, their very
    existence over the years has invariably led to the smooth operation
    of government.
    It is very unlikely that there would be a departure of such
    conventions without good reason, even if an underlying enforcing
    principle has been overtaken by history, as these conventions also
    acquire the force of custom.
    There have been times when conventions have been given legal
    status. From the time of the English Civil War when Parliament
    clashed with king over finance, it was accepted that money
    bills/acts came from the House of Commons. This was given legal
    status in 1911 with the Parliament Act that stated that

    parliamentary finance bills/acts must originate from the House of


    Commons.
    Some examples of conventions are:
    The monarch will accept and act on the advice of their ministers,
    who are responsible to Parliament for that advice; the monarch
    does not ignore that advice, except when exercising Reserve
    powers.
    The Prime Minister of the United Kingdom is the leader of the
    party (or coalition of parties) with an absolute majority of seats in
    the House of Commons and therefore most likely to command the
    support of the House of Commons.
    All money bills must originate in the House of Commons.
    The texts of most international treaties are laid before Parliament at
    least twenty one days before ratification (the 'Ponsonby Rule' of
    1924).
    The Westminster Parliament will only legislate on reserved
    matters. It will not legislate on non-reserved matters ('devolved
    matters') without first seeking the consent of the Scottish
    Parliament (since 1999, the Sewel convention, later renamed to
    Legislative Consent Motions).
    The House of Lords shall not oppose legislation from the House of
    Commons that was a part of the government's manifesto (the
    Salisbury Convention)

    BIBLIOGRAPHY
    www.ukconstitutionallaw.org
    www.studylecturenotes.com
    www.historylearningsite.co.uk
    www.llbpart1notes.blogspot.in
    www.wikipedia.org

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