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UK Constitution PDF
UK Constitution PDF
• We were colony of UK. It is exemplary constitution of parliamentary system of government. We had English law
system. They gave us a system.
• British constitution is a mother of all modern constitutions. Constitution does mean structure, and composition.
State is artificial person. State does mean society, which is politically organized. Political organization of state is
government. People create Nations. Sovereign is the ultimate authority of state. State has four integral parts, i.e.,
people, territory, government, and sovereign. Government does mean group of people who run the affairs of
society or government. Government is composed of three institutions, i.e., Executive, legislature, and judiciary.
Courts decide according to law. All the parts of government have some links with each other.
• Executive settles the disputes and makes the rules. Distribution of the power is maintained among the federation,
units, and separation of the powers between institutions.
• England is a single country while Great Britain is combination of England, Wales, and Scotland and United
Kingdom is collections of Great Britain and other Iceland. British Constitution means Constitution of Great Britain.
Unwritten
Most important feature of British constitution in unwritten. It is said that UK constitution is
unwritten because it is not available in single book. Their problems are discuss in other book. Such as
parliament Act of 1911, and Act of settlement.
The origin of constitution is unwritten and these problems are discuss in other books, it consist other
tradition.
Flexiable Constitution
The British constitution is flexible in its nature because, with the simple majority this constitution can amend,
replace and rejected. So,its amendment is very easy as we compare with other non-flexible constitution.
Evolutionary Growth
The British constitution has evolutionary growth because it developed time to time and through passage of
time, this constitution grow.
Unitary
This is a also salient feature of UK constitution that single Government run the function of UK. There is no
part in this regard single Government maintain all system and this government is responsible for
enforcement of law.
Bicarmeralism
The parliament consist of two chambers House of Lords and House of Common. House of common is most
popular because it representative are elected from citizen while house of Lord is inherited. They were not
elected, Queen selects them.
Rule of Law
Uk constitution providers rule of law. All the persons are equal in the eyes of law. If any person violates the
law, he should face trial of the case in the Government and no person is given imprisonment until his offence
is proved in the court.
Supermacy of constitution
There is supremacy of constitution in UK. Every person problem is settled according to constitution.
Independence of Judiciary
In UK, their is independent judiciary. Judges are bound to obey and respect constitution. There are
independently makes the decision under the court. The receive handsome salary. Nobody, above at the
caused separation of power.
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.
Fundamental Rights
Fundamental rights of the citizen has not been incorporated in the form of a list in the English constitution.
Constitution law is not creator but a product of fundamental rights, which have been recognized from
time to time by the courts.
Conservativeness
The British constitution is a symbol of conservativeness. The trend of the people of UK is absolutely in favor
of old institution and this concept is existence of conservatism.
Limited Separation of Power
In British, there is limited sparation of power. There is concentration of political power in the parliament.
Nevertheless, many safeguards have been provided especially under Act of settlement of 1701 to secure the
independence of judiciary from under influence on the part of other two branches of the Government.
Two Party System
Two party system is very important in any democratic system. It is against the dictator ship. The party
selected by majority gets elected. Two parties in British political system are
a) Conservation Party
b) Labor Party
Contrast Between Theory and Practice
There is considerable gap between theory and practice in Britain e.g according to convention of the majority
party in the newly elected parliament to form the cabinet, while all the ministers are appointed by the Prime
Minister.
Conclusion
To conclude, i can say, that UK constitution in neither absolutely unwritten nor absolutely written. It is a
combination of both, has made a circuit for the goble, and has become the common possession of civilized
man.
Rule of Law means principles of general application given by state to control human behavior. It is a
body of principles, recognized and applied by state in the administration of justice. Any principle, which
governs human behavior generally, is law. Every law curtail, restricts our liberty. Why we accept law, we are
slaves of law.
In simple term, it means that all the people should be governed and controlled according to principle and
should no discrimination among them at all. It has been generally in our civilization that people prefer rule
of law and they are governed by rule and not by the will of a single one.
People were governed by the natural law and not by the will of ruler. Now concept arises:
1. No will be tried in two cases at a time.
2. Law of evidence emerged.
3. Safeguards are provided for the retention of property.
4. Impartial judgement came into existence.
5. No torture will be used for getting of confession, etc.
With the passage of time, natural law gave national law. Internal nature was same while external nature was
different. Every state in modern time has right to have her-own law. Natural law made national law. Natural
law comes to focus of national law. Now people respect the parliament because it is composed of the people
of their own representative, they have authority; they act according to the wishes of the people.
New political system contains upper and lower houses, parties, oppositions, and people wishes.
Representatives come from upper class and they make laws for upper class negating the lower class of labor,
tenants, common people etc.
To overcome this situation supreme law is made. It is reflection of the wishes of the people. It makes the
people stronger and guarantees the rule of law.
If there is no rule of law, there is always uncertainty. Law protects the rights of individuals.
However, concept of law kept changed time to time with natural law and divine law. Generally people’s
thinking are towards good laws. People’s emphasis shifted from natural law to national law. A national state
established. Now law is created by state itself.
After 1688, supremacy of parliament established. Now in modern times rule of law means rule of
constitution. Constitution is considered superior than all laws. Professor Dicey expounded this theory in Law
of the Constitution.
1. Everyone is subject to law. Government is under law. King is subject of law. No one is immune. All have
to follow law.
2. Everyone, in the eyes of law, is equal and discrimination has been disappeared. Poor or rich, white or
black are not subject. He compares it with French system where separate courts are established to deal
government and civil cases separately. While in England, only ordinary courts deal all the cases including
government cases. In Pakistan, lower courts have power to issue injunction against government.
3. In United Kingdom, rights of people were protected well than by constitution and are product of initial
decisions of courts. They are not products of constitution. Today Rule of Law is summarized in three main
features.
i) Law and order is better than of anarchy. It must be achieved. Government must have power to
maintain law and order. Where there, Rule of Law is maintained, there it brought prosperity,
economic growth, and development etc.
ii) A government must be regulated by Rule of Law. She must follow these laws. If there is no Rule of
Law, courts cannot decide the cases at liberty. This is the basic difference between the democracy
and dictatorship. Government has to take actions as per pre-decided rules. Government becomes
ineffective if the proper remedy is not provided against the wrongs
iii) There are three certain universal standards relating to the relationship of state and people:
i) Every offender is punished once in a crime and no double jeopardy.
ii) No torture is applied for confession and impartial trials are carried on.
iii) Burden of proof lies on state, being victim in criminal cases. Hearsay evidence is not allowed.
Rule of Law has universal standards. It has been developing in local context. It was first natural law, and then
it was converted into common law, later Acts of Parliament, and now due process of law.
Definition:
• Conventions are the unwritten rules of constitution, practices that regulate discretionary powers of state
authorities at highest level.
• King had executive, judiciary, and legislature powers but later they were separated among the other
organs. Now parliament is the organ responsible for law making and most powerful particularly after the
revolution of 1688.
• Executive is under control of Queen so far. Foreign affairs, nominations and welcome of high
commissions, welfare, nomination of religious leader or head of the church, social set up etc. are the
powers of King or Queen.
• Parliament has right of law making, tax, and sanctioning of army. King desires to rule of parliament.
Queen appoints ministers, senior member of the house of common as Prime Minister. Power has been
transferred from King to Parliament. Power speaks itself. Now UK has political parties. People know their
manifestoes. Parties are effective rather than individual. People exercise their rights in elections.
Supremacy of Parliament:
Parliament is a product of long standing of historic struggle. There are certain stages in constitution, which
have reduced the powers of king and increased the powers of parliament. Some of them are as follows:
1. Proclamation and Ordinances: Proclamation is the Act of Parliament while ordinances are laws
made by executives. All the powers of law making either proclamation or ordinances were vested to
king, i.e., an individual. Later justice Coke gave his ruling in judicial decision that king has no authority
to make laws in the form of proclamation and ordinances. So courts have reduced the powers of king
consequently it has increased the powers of parliament to make it superior.
2. Taxation: It is an important power of any government of the world. Same situation is
with UK government. Every government needs money. This money is obtained by taxation. Taxes
may be imposed directly or indirectly. This money is spent on welfare, government business, to run
government affairs, to carry on war, to carry on social activities etc. There is no source of income for
government except taxation. Earlier all powers of taxation were vested to king. Now by historic
development these powers have been delegated to parliament. Parliament can impose taxes
without consents of king. Magna Carta was emerged in response of taxation. King was in need of
money to carry on crusades. To encourage people to pay taxes, he granted them certain rights.
People became most liberal. King is still sole representative in foreign affairs. He can declare war to
acquire land. All agreements are made in the name of king. He send troops, nominates ambassadors,
imposes custom duty on imports etc. In 1688, Bill of Rights passed stating that no tax will be levied
without consents of parliament.
3. Martial Law/Military: In earlier time, king was the Head of Army. This was the inherited position and
member of royal family were acquired this position step by step. King had power to send troops to
snatch territory to rule over. He lost inheritance in parliament affairs. In 1628, by Petition of Rights,
it was prohibited that king may move troops during the peacetime within country. It was held in
1688, that no army could be maintained without consents of parliament. There is no permanent
army in UK. It was decided year by year. Now it is decided for five years. Powers of establishment of
army have been taken over by parliament. Although king signs every bill, but it is passed by
parliament. It was result of revolution under Bill of Rights.
4. Exemptions and dispensations: Law is given by parliament and king has no authority to make laws.
It was exemption to king to suspend the certain part of parliamentary law to enforce on certain
people. This right was available to him and was frequently used to support his special persons. Now
this right has been taken away.
5. Independence of judiciary: If parliament says one thing and judiciary interprets it otherwise,
parliament may make another law. King has sole authority to appoint and remove judges. Act of
Settlement had decided that no judge would be removed without consents of parliament.
6. Executive powers: Ministers are responsible collectively. Cabinet exercises all powers of
government, which is part of parliament.
Parliament has central position and has positive role in Britain. It performs legislative function such as law
making. It provides monarchy, Prime Minister, Cabinet, Ambassadors. It also performs judicial functions.
Court of Appeal is in between High Court and House of Lords. Earlier, king was powerful and all the powers
were vested to king. British parliament is bicameral. It has two chambers containing House of Commons and
House of Lords. British government system is unitary. One government exercises all powers. Local
government is run under the law of central government. There is no federation in United Kingdom. House
of Common is elected while House of Lords are non-elective but nominated body.
House of Lords is upper house and non-elected. Its composition was simple. All inheritor members are
either appointed by king or acquiring membership by inheritance. Now other members are included. Today
it is quite diverse. Hereditary members are 850 or 860. Spiritual Lords have fix nominations of 26. They
belong to church. Life Lords are in between of 230 to 240. They are product of Life Peers Act, 1958. They do
not inherit their membership. They are the persons who do not want to come to parliament or they cannot
come through democratic process. They are eminent and beneficial for government and society. Law Lords
are also fix to 11.
Reforms: This is non-democratic house. It is just consultative house. According to Parliament Act, 1911, it
cannot reject any bill passed by House of Commons. It can just delay bill for two years if it is ordinary bill and
finance bill can be delayed for two months. Parliament Act, 1945, has also reduced this duration of delay
from two years to one year and two months to one month. This house has no right of vote. Purpose to delay
the bills is to think about it in calm environment. It is discussed at all in the best interest of public.
Although it has no powers, but it performs some important functions:
1. It is a chamber of parliament passed by House of Commons.
2. Correction: It provides chances to cool down emotions and political sentiments.
3. Simple delay: It cannot revise the bill but simply delays the bill maximum for one year or one month. It is also
called delaying house.
4. Introduction of non-contravention public bills which include common benefit of public. Bill that is contrary to
public interest or opinion will never see the light of the day. It will be killed.
5. Private bills can be originated in House of Lords by private members.
6. House of Lords is forum where free and full discussions take place on political, social, economic, and international
issues.
General Rules:
Types of Bills: Bill is the proposal to legislate the law.
Public Bills: Related to general system of society, like law of amendment, criminal system, change in law,
education, change in taxation etc.
Private Bills: Deal with particular issue or individual like Indemnity, Railway, Airline, Corporation etc.
Hybrid Bills: Mix types bills.
Private Members’ Bills: Initiated by the members other than government members.
Pre-Bill Procedure:
1. Proposed by government member.
2. Goes to cabinet.
3. Parliament, introduction, law department, legal drafting, experts.
4. Whether the bill goes in Lower or Upper Houses.
5. Money bill only in House of Common. All the rest bills may originate in either house.
6. First Reading: Read out, name, object, and content, change in overall system.
7. Second Reading: Discussion clause by clause. Word by word, through read out.
8. Committee Stage: Select Committee. Something amended and discussed, acceptable or not.
9. Third Reading: Final shape of bill, election. Passed or rejected.
10. If upper house disagrees, one-month delay in case of money bill, and one year delay in case of
ordinary bill.
11. Assent of King or Queen: Finally King or Queen sign the bill. Bill remains bill and cannot converted
into Act or Statute until or unless King or Queen signs it. Since four hundred years King or Queen
have never refused to sign any bill. So it is convention that he or she will sign the bill passed by the
government of people.
Royal Assent
When a Bill has been passed by both House, or passed by the Commons under the Parliament Acts, it is ready
to receive the Royal Assent.
• Pre-legislative scrutiny
The scrutiny of draft Bills by parliamentary committees is a new function for both Houses of Parliament.
Joint committees consisting of members of both Houses were appointed in 1998-99 to consider
Government Bill. The Lords and the Commons each established a select committee to consider the draft
Freedom of Information Bill 1999.
• Revision of Public Bills sent from the Commons
The House of Lords spends over half its time revising Bills from the Commons. The importance of this
function arises from the lack of time available in the Commons to debate legislative proposals.
• The delaying of legislation
Although of constitutional importance, the power possessed by the Lords to delay the enactment of
legislation has been less significant than its role in revising legislation. The power of the House of Lords
to delay legislation is regulated by constitutional convention and parliament Acts 1911 and 1949.
• The initiation of public legislation and private members' bills
One role of the House of Lords has been described as the initiation of "non-controversial" legislation. It
is true that law reform measures and consolidation bills, bills giving effect to international agreements
to which the United Kingdom has become a party and other issues which do not involve matters of party
political controversy will start their legislative passage in the House of Lords.
a. As Cabinet Chief
As head of the Cabinet, the Prime Minister supervises and coordinates the work of different Ministers. He
performs a pivotal role in the formation and working of the Cabinet. His opinion carries weight in the Cabinet
meetings and as such he can resolve the differences among the ministers.
b. Cabinet decisions
The Prime Minister sees that Cabinet decisions are carried out by the departments, although, as we have
said, the extent to which he supervises the administration varies with different holders of the office. His
contact with the affairs of the Foreign Office is often especially close. The Cabinet secretariat is under this
control, and consults him in preparing the agenda. He communicates directly with the other Commonwealth
Prime Ministers, and presides when they meet in this country.
c. Formation of Govt
The primary functions of the Prime Minister are to form a government, and to choose and preside over the
Cabinet. He gives advice to his ministerial colleagues on matters before they come to the Cabinet, and he is
the main channel of communication between the Cabinet and the Sovereign, with whom he has a weekly
audience. He advises the Sovereign on a dissolution.
d. Appointments
Many Crown appointments in addition to ministerial offices, are made on his advice. These include the Lords
of Appeal in Ordinary, the Lords justices of Appeal, bishops and deans of the Church of England, peerages
Privy councilors and most honours. As First Lord of the Treasury and Minister for the Civil Service, the Prime
Minister approves the senior appointments in the Civil Service.
As a National Leader
His opinion on important national issues is paid due head. His statements and speeches are regarded as the
most effective channels for molding public opinion.
British Prime Minister holds an influential place in the government. With the passage of time, a number of
powers of British Prime Minister have evolved. Therefore, British Prime Minister possesses many powers.
He is head of administration and possesses following administrative powers.
Conclusion
To conclude, it can be stated that one of recent observation about constitutional role and powers of British
Prime Minister is that growing role and powers of British Prime Minister are transforming present British
political system into presidential system.
House of Lord, it’s Power and Composition
Introduction
House of Lord is the oldest house among the world. Mostly this house consist inherited represented . It is
also called the appear house of UK parliament. This house is consenter of on peer which are as follow it is
also combination of house of lord.
Hereditary Peer
This peer consist on sons of queen and king about nine then member bellowing this category. It is nominative
by the king and Prime Minister. Generally, the sons of royal family after the age of one year became the
reprehensive are this house. However, the female are not reachable for this house. A great number of
representative of house of lord is from this peer.
Lords of Appeal
There are nine in numbers and are appointed by the crown under the prepaying of appellate jurisdiction are
1876 to assist of this house for the work of judicial activities.
Spiritual Peer
Spiritual peers is consist of their regions activist they are twenty six (26) members. Two are arch Bishop of
and Canterbury and 24 hours are senior bishop of the Church of England. They will salve there religious
activities.
Life Peer
There member are accreted under be prevision of the life peerage act 1988. They are the person who have
been hold highest offices in the state and have sufficient education such as ex-minister, speaker,
educationist, etc.,
There number of member are not fixed. They number varies for time to time.
Nature
The nature of house of lord is called conservative ﻗﺪ�ﻢchamber because this is the oldest house of parliament
is the world. Most of it representative are nominative that is why it is also called heritor chamber. It is patty
hereditary and party democracy in composition.
Dis Qualification
The following person cannot become the member of house of Lord
a- Insane
b- Minor
c- Convict
d- Bankrupts (insolvency)
Presiding officer
The house of lord is presiding officer of the Lord Chancellor.
i) Legislative Power
Under this constitution the legislative of power of house of lord may be discuss as under
a) As regarding money bill
House of lord has no jurisdiction about the money bill. In none, money bill house of Lord accepted all these
bills daily passed by the House of Common
b) Judicial Power
The House of Lord jurisdiction regarding judicial power such as try peers in case they are involving against
national interest.
c) Other power
The house of lord has are important faction discussing social and political questions which are not ready for
legation. After above discussion house of lord is oldest chamber in this word. In the being this house lord a
lot of power. But according to passage of time their power reduce.