Political System/ Constitution of

Unite Kingdom (UK) Britain

Geography
Salient features
Sources of constitution
Role of conventions
Powers & functions of:
Parliament—house of Commons & Lords
Parliamentary sovereignty
Executive—Monarch & Prime Minister
Judiciary
 Salient features
1. Mother of all the Constitution:
• British constitution is an inspiration to most of the
constitution of the world. It is the oldest constitution
of the world, that is why it is rightly termed as
Mother of all Constitutions.
2. Organic & Evolutionary Growth:
• British Constitution is the result of more than 15
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.
3. Non-codified/unwritten:
• It is based on Conventions and Customs that have
been prevailing from a long time in UK. Such
unwritten sources form the major part of the
constitution i.e. “Magna Carta 1215”, “Bill of Rights
1689”, “Parliamentary Acts of 1911 & 1949” etc.
4. Difference Between Theory & Practice:
• This is another significant feature of British
Constitution. Theory states that no Law is effective
without the Assent of Queen, while in practice, Queen
must sign all the bills presented to her. The King in
theory has all the powers and can exercise them but
in reality he is a mere signatory figure. He works on
the advice of Prime Minister.
5. Nature of Conventions:
• Conventions are deeply rooted in the British Constitution.
There are many conventions which are only known to the
Cabinet, Judiciary and Parliament. These form the excessive
unwritten part and being an important feature are also a
major source of Constitution.
E.g. Prime Minister is chosen from House of Commons,
Queen must give her assent to all the bills passed by
Parliament.
6. Flexible Constitution:
• It is very easy to amend and make new laws. It requires a
simple majority to pass an amendment. Regardless of its
flexibility, there have been a very few changes made till date.
7. Unitary State:
• It is called a Unitary state because there are no units in
Britain. All powers are concentrated into one Single central
Authority.
7. Bicameralism:
The Parliament is divided as follows: House of Lords House of
Commons

8. Sovereignty of Parliament:
• British Parliament is very powerful and Supreme on
following grounds because there is no Law which British
Parliament cannot make or undo.
•
9. Rule of Law:
• It is means law is above everyone and applies to everybody
i.e. accountability and due process

10. Blended Constitution:

• It is a mixture of Monarchy (Queen), Aristocracy (House of
Lords) and Democracy (House of Commons).
11. Conservative Nature:
• The long driven conventions are a proof of their
conservative nature. This has made their Constitution
even stronger.
12. Two Party System:
• There are two political parties in Britain i.e. Labor
Party and Conservative Party
13. Fundamental rights of Citizen:
• Britain has recognized broad liberties to its citizens.
These fundamental Rights are embodied in Bill of
Rights 1689.
14. Independence of Judiciary:
• In UK, their is independent judiciary. Judges are
bound to obey and respect constitution. Their are
independently makes the decision under the court.
15. Collective Responsibility:
• Ministers must stand together and they cannot
oppose the Government policy. Every minister is
also individually responsible to the house of
commons and the crown.
16. Limited Separation of Power
• In British, there is limited separation of power.
There is concentration of political power in the
parliament. Nevertheless many safeguards have
been provided to secure the independence of
judiciary from under influence on the part of other
two braches (executive and legislature) of the
Government.
1. Historic constitutional
2. The Acts of Parliament
documents

3. Judicial decisions 4. British Common law

5. Conventions 6. Royal Prerogatives

 (1). The Historic Constitutional Documents
• The historic constitutional documents form a very
important source of the British constitution. Some
of these documents are the following:
a) The Magna Carta (1215)
• The Magna Carta is a Latin phrase which means,
“The Great Charter of the Liberties". It was signed
by King John in 1215. Through Magna Carta the
King recognized the rights of his subjects to justice
and property. It was also agreed upon that the
King must govern according to law and not
according to his will.
b) The Petition of Rights (1628)
• The Petition of Rights was signed in reign of King
Charles-I in 1628. Through this Petition it was
decided that the King would not impose any tax
without the consent of the parliament
c) The Bill of Rights (1689)
The Bill of Rights of 1689 came in to existence
after a long tussle between British Monarch and
the British public in the reign of King James-II. The
terms of the Bill of Rights shifted the balance of power
from the King to the Parliament.
The Bill contained the following important provisions :
a) Suspending of executing law by the Crown
without the consent of the Parliament was
declared null and void
c) Recruiting or keeping army by the Crown
without the consent of the Parliament was
declared null illegal
d) Freedom of speech in the Parliament was not to
be questioned in any court
e) Trails had to be through jury
f) Levying taxes by the Crown without the
consent of the Parliament was declared illegal
d) The Act of Settlement (1700)
• The Act of Settlement bared succession to
the throne to Roman Catholic and provided
for the succession of the throne to
Protentants.
• The Act provided for the security of tenure for the
judiciary by taking away the right of the King to
dismiss the judiciary at will.
 (2). The Acts of Parliament
The laws made by the parliament from time
to time have also contributed to the
constitutional developments and thus considered
one of the most important sources the British
Constitution.
a) The Act of Habeas Corpus (1679)
• It stipulated that a person who is imprisoned
without legal justification must be presented to a
court of law.
b) The Act of Settlement (1701)
• The Act of Settlement provided that the King must
be of Protestant faith
c)The Reform Acts of 1832,1867,1884,1918
• The various reform Acts granted to the public the
right of vote and representation in the
parliament.
d) The Parliament Act (1911, 1949)
• The Parliament Act deals with the powers of the
House of Lords
(3) Judicial Decisions
• Another source of the British Constitution is those
judicial decisions of the British higher courts which
explain and interpret the rules and statutes passed
by the parliament
• The courts interpret statutes, agreements and the
rules of Common law whenever disputes
are referred to them.
• These decisions have contributed a lot to the
development of the British Constitution.
According to the celebrated English jurist,
Dicey the British constitution is a judge-
made constitution.
• For example, the right to personal liberty, the
right to freedom of speech, the right to public
meeting etc.is the outcome of the decisions of the
British higher judiciary
 (4). The British Common Law

• The British Common Law is also an important source

of the constitution as a substantial part of the British
Constitution is based on the Common Law.
• Common law is derived from custom and judicial
precedent rather than statutes. Many constitutional
rules have their origin in the common law.
• E.g.: the concept of the rule of law is the product of
the common law, many royal prerogatives have no
authority of statutory law instead their source is
common law.
• Many basic rights of the people e.g. jury trial,
freedom of speech and assembly are based on
Common Law of the United Kingdom as practiced by
various courts in the country
 (5). Conventions
• Conventions are also considered one of the most important
un-written sources of the British Constitution.
Conventions are the political traditions or practices
prevalent in the United Kingdom for centuries.
• Constitutional conventions of the British Constitution are
not law in the strict sense of the term as they cannot be
enforce by courts.
• For example:
• The British monarch cannot veto the bills passed by the
parliament.
• The Crown exercises its power of dissolution of the
parliament on the advice of the Prime Minister.
• Ministers are individually and collectively responsible to the
Parliament.
• Judges shall not take part in politics.
• Members of Parliament shall not criticize the
judiciary.
• The sovereign invites the leader of the majority
• party in the House of Commons to form the
cabinet.
• The Prime Minister and Finance Minister both are
taken from the House of commons
• The money bills originate in the House of
Commons
 (6) The Royal Prerogatives
• Royal prerogatives are powers exercised by the
Monarch. These powers are now exercised by the
government. However, they are still considered to
be royal powers which remain with the Monarch.
• Examples of Royal Prerogatives:
a) Power to declare war;
b) Power to declare peace;
c)Power to become part of treaties;
e) Power appoint ministers;
f) Power to summon Parliament
 Legislature
Composition, powers & functions
Parliament

House of
House of Lords Monarch
Commons
 Evolution of British Parliament
• Parliament traces its roots back to the earliest
meetings of English barons (feudal lords who held
land on behalf of King/lords) and commoners
(peasants) in the 8th century.
• The Witan was a small council of clergymen, land-
owning barons and other advisors chosen by the
king to discuss matters of state, taxation and
other political affairs.
• As it expanded to include more advisors, the
Witan evolved into the magnum concilium or
Great Council.
• On a local level were meetings held of local
bishops, lords and commoners who were
representatives of their counties or “shires.”

• These institutions functioned law-making bodies

and law enforcement agencies throughout England
during the Middle Ages. The two bodies didn’t
regularly convene, but they paved the way to the
bicameral legislature that exists today.
 Magna Carta (1215)
• The first English Parliament was convened in
1215, with the creation and signing of the Magna
Carta, which established the rights of barons
(wealthy landowners) to serve as consultants to
the king on governmental matters in his Great
Council.
• These barons were not elected, but rather
selected and appointed by the king.
• However, the Great Council was first referred to as
“Parliament” in 1236.
• By 1254, the sheriffs of the various counties in
England were instructed to send elected
representatives of their districts (known as “knights of
the shire”) to consult with the king on issues related
to taxation.
• In 1295, Parliament evolved to include nobles and
bishops as well as two representatives from each of
the counties and towns in England and, since 1282,
Wales
• Over the course of the next century, the membership
of Parliament was divided into the two houses—the
noblemen and bishops encompassing the House of
Lords and the knights of the shire and local
representatives (known as “burgesses”) making up
the House of Commons.
• Fourteen years later, the House of Commons tried
and impeached a number of the king’s advisors.
• And, in 1399, after years of internal struggle for
power between the monarchy and Parliament, the
legislative body voted to depose King Richard II,
enabling Henry IV to assume the throne.
• During Henry IV’s time on the throne, the role of
Parliament expanded beyond the determination of
taxation policy to include the “redress of
grievances,” which essentially enabled English
citizens to petition the body to address complaints
in their local towns and counties.
• By this time, citizens were given the power to vote to
elect their representatives—the burgesses—to the
House of Commons.

• In 1414, Henry IV’s son, Henry V, assumed the throne

and became the first monarch to acknowledge that
the approval and consultation of both houses of
Parliament was required to make new laws.

• More than 100 years later, in 1523, the issue of

“freedom of speech” for lawmakers in both houses
during deliberations was raised during the reign of
Queen Elizabeth I in 1576
 English Civil War
• In 17th century (1603-1660) the United Kingdom
experienced Civil War great deal of change and
political turmoil.
• Military leader Oliver Cromwell assumed power
under the title Lord Protector. The ruling monarch
at the time, Charles I, was executed in 1649.
• Cromwell is best known for conquering Scotland
(1649) and Ireland (1651) and bringing them,
unwillingly, under the dominion of the United
Kingdom.
• Still, those two nations had their own
Parliaments, made up of Cromwell supporters.

• Parliament continued to retain some power

during this period of change.

• However, members of parliamentarians who were

thought to be loyal to Charles I were excluded
from the legislature in 1648, creating the so-called
“Rump Parliament.”
 The Monarchy Abolished
• In 1649, the House of Commons took the unprecedented
step of abolishing the monarchy and declaring England a
commonwealth.

• Four years later Cromwell disbanded the Rump Parliament

and created the Nominated Assembly—a de facto
legislature.
• Cromwell died in 1658 and was replaced by his son Richard.
The son was deposed a year later, and Britain’s government
effectively collapsed.

• Charles I’s son, Charles II, was restored to the throne in

1660, reaffirming the monarchy’s place in British history.
• The so-called “Stuart Kings”—Charles II and his
brother James II, who succeeded him in 1685—
maintained a similar relationship with the legislature
however, religion was a major issue dividing English
government and society.

• When Parliament passed the “Test Act,” which

prevented Catholics from holding elected office, the
legislature was at odds with King James II, himself a
Catholic.

• After years of political in-fighting during the Glorious

Revolution, Parliament deposed James II in 1689 and
his eldest daughter Mary and her husband William of
Orange ascended to the throne.
• During their brief rule, Parliament was once again
elevated to having law-making powers.

• When Mary and William died (in 1694 and in 1702,

respectively), the legislature established new
protocols for succession.

• Over course of the 18th, 19th and 20th centuries,

Parliament and its powers evolved

• Scotland formally became a part of the United

Kingdom in 1707 and by the late 1700s, Ireland was
also part of the United Kingdom and land-owners
there elected their own representatives to both
houses of Parliament.
• Through a series of legislative acts a number of
changes were made to the composition and
legislative process in Parliament.

• The Reform Act of 1918 gave women the right to

vote, and the first woman was elected to the body
that same year.

• The Parliament Acts of 1911 and 1949

established greater powers for the House of
Commons as compare to House of Lords
Any Query ?
 House of Lords
• House of Lords is the upper chamber of Great
Britain’s bicameral legislature.

• It originated in the 11th century, when kings

consulted witans (councils) composed of religious
leaders and the monarch’s ministers.

• It emerged as a distinct element of Parliament in

the 13th and 14th centuries
Composition
• Currently, there are about 780 members who are
eligible to take part in the work of the House of
Lords.
• Members of the House of Lords are appointed by
the Queen on the advice of the Prime Minister on
following criteria:
A. 646 Life Peers appointed by Crown on the advice
of the Prime Minister.
B. 25 archbishops and bishops.
C. 92 Hereditary Peers (Including 2 Women).
• Eligibility:
• Minimum age 21
• Citizenship in Britain, Ireland, or the
Commonwealth, or hereditary peers, life peers,
and archbishops and bishops of the Church of
England.
• Ineligibility: Undercharged bankruptcy, lords
convicted of treason etc.
• Lord Chancellor is the head of House who is also
the member of cabinet from House of Commons
• One annual session is mandatory however the
House sits for 35 weeks a year, approximately 140
days.
Powers & Functions

Legislation

Scrutinizing the Government

Independent Expertise

Judicial Work

Miscellaneous
 Legislation
• The House spends about two thirds (60%) of its time on
legislation.
• It examines and revises Bills from the House of Commons.
• It also initiates Bills which are usually non-controversial.
• Money bills: These are certified by the Speaker and deal
with taxation or public expenditure. Money bills start in the
Commons and must receive Royal Assent no more than a
month after being introduced in the Lords even if the Lords
have not passed them.
• Most other Commons bills: The Lords can hold up a bill
they disagree with for about a year but ultimately the
elected House of Commons can reintroduce it in the
following session and pass it without the Lords' consent.
 Scrutinizing the Government
• As well as revising legislation, the House questions and
debates policy and other issues:
Questioning Ministers
• 4 oral questions called Starred Questions can be asked at
the start of each day's business when attendance is high.
• They allow ministers to be cross questioned for half an hour
about government and other policy issues. Annually, over
4,000 written questions are asked.
Unstarred Questions
• These are "mini" debates (1-1½ hours-long) and provide
opportunities to raise issues of concern.
• A government spokesman will reply at the end of the
debate.
Debates
• Most Wednesdays are for general debates. One
Wednesday a month is set for two "Short Debates"
(maximum 2½ hours).
• Topics are suggested by back-bench or crossbench
peers and are chosen by ballot.
Statements
• Government statements on important or urgent
issues are made by the Minister responsible for the
subject in the House of Lords.
• Most statements are made in the Commons, and
repeated in the Lords by a junior minister followed by
a limited time for immediate questioning of the
Minister.
 Independent Expertise—the Select Committees
• The specialist expertise which characterises much
of the membership of the House of Lords is
deployed in its two major investigative select
committees:
• 1. European Union Select Committee
The Committee was set up in 1974 to scrutinize
and report on proposed European legislation. It
has six sub-committees and involves over 70
peers:
• Economic and Financial Affairs, Trade and External
Relations, Energy, Industry and Transport etc.
2. Science and Technology Select Committee
• This was set up in 1980 "to consider science and
technology" in the broadest sense.
• It operates normally through two sub-
committees enabling it to carry out two enquiries
at a time.
• Over 20 peers are involved in this work. Many of
them are eminent scientists with experience of
high office in scientific policy-making, university
and industrial research, clinical medicine etc.
 Judicial Work
• The House of Lords is the Supreme Court of Appeal
for the whole of the United Kingdom in both civil and
criminal cases (except Scottish criminal cases).

• This work is carried out by 12 salaried Lords of Appeal

in Ordinary (Law Lords) who are life peers.

• The Law Lords also take part in legislative work of

the House.

• Lord Chancellor, head of the house, works as Chief

justice
 House of Lords
• The House of Commons is the lower house of the
Parliament of the United Kingdom.
• The Commons is an elected body consisting of 650
members known as members of Parliament (MPs).
• Members are elected to represent constituencies by
the first-past-the-post system for 5 years and hold
their seats until Parliament is dissolved.
• The House of Commons of England started to evolve
in the 13th and 14th centuries and assumed the title
of "House of Commons of Great Britain and Ireland"
at the start of the 19th century.
Criteria

• 18 years
• Universal adult franchise
• No bankrupt or convicted in high treason

• The Speaker is the presiding officer of the House who is

selected by the members from amongst themselves.

• The Speaker in Britain has enormous powers in hands. He

presides over the meetings of the House, maintains order
and decorum in the House, protects the rights and
privileges of the members, and certifies the money bill and
the like. He also has casting vote in case of a tie.
 Powers & functions
• The House of Commons exercises tremendous power and
authority in the Parliamentary system of Britain.
• It has wide ranging powers starting from legislative to
judicial powers.

• The Speaker is the presiding officer of the House who is

selected by the members from amongst themselves.

• The Speaker in Britain has enormous powers in hands. He

presides over the meetings of the House, maintains order
and decorum in the House, protects the rights and
privileges of the members, and certifies the money bill and
the like. He also has casting vote in case of a tie.
 Legislative powers
• Earlier, both Houses of the Parliament used to have
co equal powers over the ordinary laws, but since
the passage of the Parliament Act of 1911, the
House of Commons has assumed more power over
general legislation.

• Though such bill can originate in either house of the

parliament, yet almost majority of the bills have
their origin in the House of Commons.

• If a bill is passed by the House of Commons, it is sent

to the House of Lords which passes the bill with or
without amendment.
• It is the discretion of the House of Commons
whether to accept or reject the proposed
modification.

• The House of Lords can just delay the passage of

the bill but it cannot reject the bill altogether. If a
bill originates in the House of Lords and sent to the
Commons for approval it is the discretion of the
House of Commons to accept or reject the bill.

• Thus, the House of Commons has more power in

the law making of the Parliament
 Executive
• The House of Commons uses its power over the real executive
of the country. The executive body, i.e. the minister is
individually and their cabinet is collectively responsible to the
House of Commons.

• Through its various means the House of Commons puts a check

on the ministries so that they cannot work arbitrarily.

• The most powerful way to ensure responsibility of the ministry

is the no confidence motion taken by the House of Commons.

• Every decision of the Cabinet and every policy taken by the

government must have the support of the members of the
House of Commons; otherwise in every circumstances of the
contrary view of the majority members, the House of Commons
can take up this motion.
• By this way it may bind the government to resign in case the
ministry fails to get majority support.

• The members of the House of Commons can put questions and

supplementary questions to the ministers. The ministers are
bound to reply to these questions. Questioning in the House of
Commons fulfils the constant demand of information about
governmental policies.

• It brings into light the work of various departments under public

scrutiny. Debate on the reply to the King’s (Queen’s) “Gracious
Speech” by the opposition also highlights the activities of the
government.

• Discussion on the public finance, foreign policy also checks the

authority of the executive.
• Investigation committee instituted by the House of Commons
also scrutinizes the working of the governmental departments.
 Financial
• The British Parliament exerts great powers in the financial
matters of the country. The finance of the nation and all
financial deals of the country are controlled and managed
by the Parliament and in turn by the House of Commons.

• The Parliament Act of 1911 entrusts more financial power

on the House of Commons i.e.

• i) A money bill and the budget can be introduced only in the

House of Commons.

• ii) It is the prerogative of the Speaker of the House of

Commons to decide whether a bill is money bill or not.
• iii) A money bill passed by the House of Commons goes to
the House of Lords which can only delay the bill for a
maximum period of one month. After that, the bill is taken
as passed by the House and sent to the Queen for her
assent.

• (iv) The Queen has no veto power to reject the bill. Thus
the passage of the money bill depends entirely on the
House of Commons.

• v) No tax can be levied or collected without the consent of

the House of Commons.

• vi) The House of Commons allocates funds to the different

departments of the governments.
 Judicial
• The House of Commons in its judicial capacity
recommends the Monarch to remove a judge.

• It can punish the person guilty of the contempt of

the House.

• It can investigate all the cases involving breach of

privileges of its members and punish the guilty.
• Thus, it is called the only strongest
lower house in the world
 Sovereignty of the Parliament
Parliamentary Sovereignty
• Sovereignty of the British Parliament means that the
Parliament in Britain can make, unmake or amend any law
on any subject.
• It is supreme in its exercise of law making power. The law
made by it cannot be amended or overruled by any
institution.
• There is no provision for judicial review in Britain i.e.
judiciary cannot declare any law made by the Parliament as
unconstitutional.

• The British Parliament had been in continuous struggle with

the Kings to determine its sovereignty.
• Parliamentary sovereignty in Britain had passed through
the three following landmark events-
• The first landmark was when the Parliament resolved in
December 1648 to bring King Charles I to trial who was
ultimately executed in 1649.
• Parliament even abolished Monarchy and declared England
to be a commonwealth by its Act.
• Again in 1660, the Parliament restored Charles II to the
throne on the condition of his co-operation with the
Parliament.

• The second landmark is the Glorious Revolution of 1688

when James II, failing to co-operate with the Parliament was
made to resign. Parliament supported the coming of
William of Orange to save the rights of the British people
against King James II.
• Parliament also determined by the Bill of Rights of 1689, not
only who should reign next but also on what condition he
should reign. The Act of Settlement of 1701 was passed to
determine the succession to the throne.
• The third landmark is the year of 1783 when
younger Pitt became the Prime Minister and
the king ceased to choose and dismiss his
ministers.
• The Cabinet system has become stronger and
for each and every work ministers become
responsible to the Parliament
• Dicey's definition of parliamentary sovereignty
(The Law of the Constitution (1885):

• ‘’The principle of Parliamentary sovereignty means

neither more nor less than this, namely, that
Parliament . . . has, under the English constitution,
the right to make or unmake any law whatever;
and, further, that no person or body is recognized
by the law of England as having a right to override
or set aside the legislation of Parliament.’’
A.V Dicey’s principles of Parliamentary Sovereignty

1. Parliament has full authority to create laws and

statutes.
2. The courts do not have the power to declare
any statute invalid.
3. No current Parliament is bound by laws or
precedents of previous Parliaments.
4. Parliament can never pass any law which a
future Parliament cannot undo.
Challenges/limitations in Parliamentary
Sovereignty
• Though the Parliament is supreme and has unlimited
authority in its law making capacity, yet there are a
number of restrictions and limitations on its power
and functions some of which are:

1. There are some moral limitations standing before

the Parliament. It cannot pass a law which is against
the established codes of private or public morality.
• No law can be made which is against the convention
of the country, unless and until the general public
wants it.
2. The prevalent system of Rule of Law also puts
limitation on the sovereignty of the Parliament. Under
Rule of Law every British citizen is equal before law, and
his or her rights are derived from it. The Parliament
cannot make any law which is against this Rule of Law.

3. Parliament cannot make any law which is not

supported by its public opinion. Every act of the
Parliament must have support from people.

4. Parliament does not have any right to violate any

international law. Every Act of the Parliament must be in
conformity with the principles of International Law.
5. The increasing function of the government in
recent times has made it imperative for the
executive to make laws when the Parliament is not
in session. Law making power has now been
delegated to the executive to meet the emergencies.
Delegated legislation has the force of law.

6. The Statute of Westminster of 1931 also puts a

limitation on the sovereignty of the parliament. It
makes it clear that any Act of the Parliament made
after 1931 cannot be operational in any British
Dominion without the assent of the Dominion.
• Thus, it is apparent that though British Parliament
may seem to enjoy unlimited power, yet in reality
it is bound by the above mentioned factors like
rule of law, public opinion, international law and
the like.
• Hence sovereignty of the Parliament is not
absolute and is exercised as per the wishes of the
people.
 Executive

Prime Minister Monarch

Real head of Nominal Head

govt. of state

Cabinet
 Executive
Prime Minister of United Kingdom
• The Prime Minister is in practice the most important
political office in the United Kingdom.

• He is the real head of government elected from parliament

and also responsible to parliament

• He is elected from the majority party or head of that party

• He is officially appointed by Monarch

• Sir Robert Walpole became First Prime Minister and Lord of
the Treasury of Great Britain in 1721.
 Qualifications
• Citizen of British
• 18 years age
• Must member of the parliament (MP)
• Elected for 5 years
• Elected from Parliament—House of Commons
with simple majority
• Must be head of majority party
• Must not face any trial or conviction
• Can be removed with vote of no confidence in
House of Commons with simple majority
 Powers & Functions
1. Legislative
• Leader of the majority political party
• Elected from House of Commons and responsible to it
• Approves bills from his party
• Controls legislative functions being the head of
majority party
• Prime Minister is chief advisor of the King
• Powers to get the House of Commons Dissolved
• Leader of the parliament
• Link between Monarch and parliament
 2. Executive
• Formation of the Cabinet
• Distribution of portfolios among ministers
• Reorganization of the Cabinet
• Dismissal of Ministers
• To preside over the meetings of the Cabinet
• Leadership of the cabinet
• Co-ordination among different Departments.
• Prime Minister is chief advisor of the King
• Director of foreign Policy
• To maintain relations with Commonwealth Countries
• To participate in International Conferences
 Financial
• Appoints finance minister

• Budget is prepared under his/her supervision

• Money bill is presented under his supervision

• Various funds are released after his approval

 Juridical

• He suggests for the appointment of judges to

Monarch
• Lord Chancellor/ head of House of Lords is the
member of PM’s cabinet
• He has very limited judicial powers
 Foreign
• Director of foreign Policy

• To maintain relations with Commonwealth

Countries—former colonies of Britain

• To participate in International Conferences

• Appoints foreign minister and diplomats

• Declares war and peace, agreements

 Miscellaneous

• Leader of the Party

• Leader of the Nation

• Right to grant Honor

• Thus, Although the office of prime minister exists in
most countries, there are variations in how the office
operates and is organized.

• The strong prime minister model is found in its

purest form in the United Kingdom and other
countries that were once part of the British Empire,
especially India, Canada, Australia, and New Zealand.

• It is said that British Prime Minister is the most

powerful position in the world, however the strong
prime minister model has been admired because it
provides clear and decisive political leadership
 Rule of Law—Rule by law not man!
• The rule of law is one of the longest
established common law fundamental principles
of the governance of the United Kingdom, dating
to Magna Carta of 1215.
• The rule of law is a concept that describes the
supreme authority of the law over governmental
action and individual behaviour.
• It corresponds to a situation where both the
government and individuals are bound by the law
and comply with it.
• It is the antithesis of tyrannical or arbitrary rule.
 Meaning
• The term “Rule of Law” is derived from the French phrase
‘La Principe de Legality’ (the principle of legality) which
refers to a government based on principles of law and not
of men.

• The rule of law is a fundamental doctrine by which every

individual must obey and submit to the law, and not
arbitrary action by other people of groups—no one is
above the law.
• The most important demand of the Rule of Law is that
people in positions of authority should exercise their power
within a constraining framework of well-established public
norms rather than in an arbitrary or purely discretionary
manner on the basis of their own preferences or ideology.
• In a broader sense, Rule of Law means that Law is
supreme and is above every individual. No individual
whether if he is rich, poor, rulers or ruled etc. are
above law and they should obey it.

• In a narrower sense, the rule of law implies that

government authority may only be exercised in
accordance with the written laws, which were
adopted through an established procedure.

• The principle of Rule of Law is intended to be a

safeguard against arbitrary actions of the government
authorities.

• It is the important feature of UK constitution

 A.V Dicey’s Theory of Rule of Law
• The credit for developing the concept of Rule of Law
goes to Professor A.V. Dicey who in his classic book
“Introduction to the Study of the Law of the
Constitution” published in the year 1885 tried
developing the concept of Rule of Law.

• As per Diecy no man is punishable or can be lawfully

made to suffer in body or goods except for a distinct
breach of law established in the ordinary legal
manner before the ordinary Courts of the land.

• This establishes the fact that law is absolutely

supreme and it excludes the existence of
arbitrariness in any form.
• DICEY’S THEORY of Rule of Law consists of three
main principles:

1. Absence of Arbitrary Power or Supremacy of Law:

• As per Dicey Rule of law means the absolute
supremacy of law and ‘no man is punishable or can
lawfully be made to suffer in body or goods except for
a distinct breach of law established in the ordinary
legal manner before the courts of the land.

• Diecy was of the view that all individuals whether if

he is a common man or government authority are
bound to obey the law.
• He is of the view that no man can be punished for any
thing else than a breach of law which is already
established. And also that the alleged offence is
required to be proved before the ordinary courts in
accordance with ordinary procedure.

2. Equality before Law:

• It means the equality of law or equal subjection of all
classes of people to the ordinary law of the land which
is administered by the ordinary law courts.
• In this sense rule of law conveys that no man is above
the law.
• Even the Government Officials are under a duty to
obey the same law and there can be no other special
courts for dealing specifically with their matters.
3. Constitution is the result of the ordinary law of
the land:

• As per Diecy , in many countries rights such as

right to personal liberty, freedom, arrest etc. are
provided by the written Constitution of a Country.

• But in England these rights are a result of the

judicial decisions that have arisen due to the
conflict between the parties.

• The constitution is not the source but the

consequence of the rights of the individuals
 Features/Characteristics
• (1) law and order;
• (2) fixed rules;
• (3) elimination of discretion;
• (4) due process of law or fairness;
• (5) natural law or observance of the principles of
natural justice;
• (6) preference for judges and ordinary courts of
law to executive authorities and administrative
tribunals; and
• (7) Judicial review of administrative actions.
 Party System in United Kingdom
• For a long time, British parliamentary democracy
was dominated by the two party system, with two
main parties forming the government and the
official opposition.
• Historically, these two parties were the Tories
(now the Conservative Party) and the Whigs
(now the Liberal Democrats).
• Traditionally the Tories were associated with the
gentry, favouring agricultural interests and the
Church of England, while the Whigs were more
linked with trade, money, larger land holders.
• In the 18th century the Tory Party experienced its
ups and downs. In the 19th century it picked up
and became known as the Conservative Party (the
word “conservative” first came into use in the
1830s).
• Whigs were traditionally in opposition to the Tory
Party. Initially they controlled the government,
but later developed into the minority party until
1830.
• During the next few years, the Whigs became
known as the Liberal Party. The term “Liberal
Party” was first used officially in the late 19th
century.
Any Query?