Constitutional Law of UK, USA and Indian

❖ Types of Constitution:
➢ Constitution can be classified into following heads:
1. Written Constitution.
2. Unwritten Constitution.
3. Flexible Constitution.
4. Rigid Constitution
5. Evolved Constitution
6. Enacted Constitution.

1. Written Constitution:A written constitution means a constitution

written in the form of a book or a series of documents combined in the
form of a book. It is consciously framed and enacted constitution. It is
formulated and adopted by a constituent assembly or a council or a
legislature.Garner writes, "A written constitution is a consciously
planned constitution, formulated and adopted by deliberate actions of
a constituent assembly or a convention". It provides for a definite
design of government institutions, their organizations, powers,
functions and interrelationships.It embodies the constitutional law of
the state. It enjoys the place of supremacy. The government is fully
bound by its provisions and works strictly in accordance with its
provisions. A written constitution can be amended only in accordance
with a settled process of amendment written in the constitution itself.
It is a duly passed and enacted Constitution.

For example, The Constitutions of India, the USA, Germany, Japan,

Canada, France, Switzerland and several other states, are written
constitutions.
2. Unwritten Constitution:An unwritten constitution is one which is
neither drafted nor enacted by a Constituent Assembly and nor even
written in the form of a book. It is found in several historical charters,
laws and conventions. It is a product of slow and gradual evolution.
The government is organized and it functions in accordance with
several well settled, but not wholly written rules and conventions. The
people know their Constitution. They accept and obey it, but do not
possess it in a written form. An unwritten constitution cannot be
produced in the form of a book.
However, an unwritten constitution is not totally unwritten. Some of
its parts are available in written forms but these do not stand codified
in the form of a legal document or a code or a book. According to
Garner, "an unwritten constitution is one in which most and not all,
rules are unwritten and these are not found in any one charter or
document."
The Constitution of the United Kingdom is an un-writern Constitution.

3. Flexible Constitution:A Flexible Constitution is one which can be

easily amended. Several political scientists advocate the view that a
flexible constitution is one in which the constitutional law can be
amended in the same way as an ordinary law. Constitutional
amendments are passed in the same manner by which an ordinary law
is passed. British Constitution presents a classic example of a most
flexible constitution. The British
Parliament is a sovereign parliament which can make or amend any
law or constitutional law by a simple majority. Laws aiming to affect
changes in a constitutional law or in any

ordinary law are passed through the same legislative procedure i.e., by
a simple majority of votes in the legislature. Similarly, a Constitution is
flexible when the procedure of amending it is simple and the changes
can be made easily.
4. Rigid Constitution:The Rigid Constitution is one which cannot be
easily amended Its method of amendment is difficult. For amending it,
the legislature has to pass an amendment bill by a specific, usually big,
majority of 2/3rd or 3/4th. For passing or amending an ordinary law,
the legislature usually passes the law by a simple majority of its
members.A rigid constitution is considered to be the most
fundamental law of the land. It is regarded as the basic will of the
sovereign people. That i why it can be amended only by a special
procedure requiring the passing of the amendment proposal by a big
majority of votes which is often followed by ratification by the people
in a referendum.The Constitution of United States of America is a very
rigid constitution. Likewise Constitution of Bangladesh is also rigid
constitution.
5. Evolved Constitution:An evolved constitution is one which is not
made at any time by any assembly of persons or an institution. It is the
result of slow and gradual process of evolution. Its rules and principles
draw binding force from the fact of their being recognized as ancient,
historical, time-tested and respected customs and conventions.Some
of these conventions get recognized by law and hence become
enforceable while others are followed because these are supported by
public opinion, their practical utility and moral commitment in their
favor. Evolved Constitutions is the product of historical evolution and
of political needs and practical wisdom of the people. The Constitution
of

Great Britain presents a key example of an evolved constitution.

6. Enacted Constitution:An Enacted Constitution is a man-made

constitution. It is made, enacted and adopted by an assembly or
council called a Constituent Assembly or Constitutional Council. It is
duly passed after a thorough discussion over its objectives, principles
and provisions. It is written in the form of a book or as a series of
documents and in a systematic and formal manner.The Constitutions
of India the USA, Japan, China and most of other states are enacted
constitutions.

7. Religious Constitution : Constitution is based on the basis of the

spiritual belief of the religion is called the religious constitutional. Here
particular and exclusive sovereignty to the religion of Islam because it
is only the religion where all materials of the constitution are being
present.
Historical Growth of British Constitution
The constitution of almost every country in the world exists in the form
of a written document embodying the principles of governance.
However, the British Constitution is an exception to this fact in that it is
to a large extent an unwritten constitution. It does not exist in the form
of a single codified written document. The British Constitution is the
product of history and the result of evolution spanning over a long
period of time. In this unit, we shall read about the process of
constitutional development in Britain through various stages of history.
At the same time, we shall also learn about the characteristics of the
British Constitution.
The British Constitution is a product of a long process of evolution. The
present mechanism and functioning of government in Britain can only be
understood if we analyses the process of this growth. Generally
speaking, the process of development of the British Constitution can be
broadly divided into six main periods, which are discussed below:

1. Anglo-Saxon Period (400AD-1066AD):

➢ The first period to which the growth of English political institutions
could be traced is that of Saxon settlement. The Saxon rule continued till
1066 when William of Normandy conquered England.
➢ During this period, England was a loose aggregation of tribal
Commonwealths comprising seven “Kingdoms”,- East Anglia, Merica,
Nothumberland, Kent, Sussex, Essex and Wessex .In the ninth century,
Wessex established its sovereignty over all other “Kingdoms” which
were absorbed into a larger territory.

➢ In the process, the institution of Kingship-a single sovereign- was

born. Besides kingship, the institution of local government was another
important contribution of the Anglo-Saxon period.
➢ During this period, the majority of the population lived in small
villages. Each village formed a township and was a unit of local
government. The local government machinery consisted of a town
assembly with certain elective officers.
2. Norman Period (1066-1154) :
➢ The Norman conquest of England in 1066 marked a new development
in the growth of the British Constitution.
➢ The major development of the Norman period was the growth in the
royal power.

➢ The king ruled with the help of the Great Council or Magnum
Concilium – a body consisting of royal officers, church dignitaries and
other leading men of the kingdom.
➢ To help the king carry on the government during the interval when
the Great Council was not in session, another small body called Curia
Regis or Little Council emerged out of the former.
➢ The British Parliament arose out of the plenary sessions of the Great
Council. Likewise the Privy Council (and the Cabinet), the Exchequer
(treasury) and the High Court of Justice grew out of the Curia.

3. Angevin or Plantagenet Period (1154-1485):The political institutions

established by William, were revived by Henry II who founded the
Plantagenet dynasty. During the Plantagenet period, the powers of the
Parliament increased. In 1341, the Parliament got King Edward I to agree
the following matters:
(a) The King will not levy any tax without the approval of the Parliament
(b) The Parliament may appoint a Commissioner to audit the accounts
(c) The Ministers will be appointed by the Parliament

(d) The Ministers will resign before the commencement of the session
and reply to any charge leveled against them.
The Parliament also acquired the right to dethrone a King. As a matter of
fact, in 1327, Edward II was made to leave the throne.
4. Tudor Period (1485-1603) : The period from 1485 to 1603 is known as
the Tudor period.
➢ The constitutional history of this period is the “history of
consolidation of the governmental system.”
➢ The Tudor monarchs concentrated wide powers in their hands and
thereby strengthened the influence of Kingship. Thus, Parliament,
though it survived, did not place serious obstacles in the way of royal
despotism.
➢ However, Queen Elizabeth (1558-1603) did consult the Parliament
frequently and accepted its judgment on many important occasions.
5. Stuart Period(1603-1714)
➢ After the death of Elizabeth, the throne of England passed to her
cousin James I(1566-1625). However, he soon came into conflict with
the Parliament. This was because he believed in the divine right of Kings
and laid undue stress upon the royal powers and prerogatives.
➢ During the reign of Charles, I (1625-1649), the conflict between the
King and the Parliament developed into a civil war. Charles I was put on
trial and executed. The Kingship and the House of Lords were
abolished.➢ The Parliament formally proclaimed England a
“Commonwealth” or Republic in 1649. A written Constitution, known as
the “Instrument of Government”, was adopted and Oliver Cromwell
(1653-1658) was named Lord Protector.➢ However the Protector ran
into trouble with the Parliament and his new Constitution failed. After
the death of Cromwell, monarchy was restored in England with the
crowning of Charles II, the third Stuart. He tried to make a compromise
between the royal authority and parliamentary supremacy

➢ However, his successor, James II, soon after this ascension to the
throne, quarrelled with Parliament over the right to exercise his right to
suspend the operation of certain laws and tried to rule arbitrarily.
➢ Ultimately, the conflict between the King and the Parliament led to
the “Glorious Revolution” of 1688 which saw the overthrowing of King
James II (1685-1688).

6.Hanover Period (1714-1837):

➢ The Glorious Revolution of 1688 prepared the ground for redefining
the powers of the King and the Parliament.
➢ In February 1689, during the reign of the Hanover dynasty, the
Parliament passed the Bill of Rights which is one of the most important
documents in English constitutional history.
➢ It proclaimed the legislative supremacy of Parliament and restricted
the powers of the Monarch. The Monarch could neither veto any
particular law passed by Parliament nor delay its enforcement.
➢ He could no longer levy or raise any tax or make royal appointments
or maintain a standing army during peacetime without the approval of
the Parliament.
➢ The events of 1688-89 established the outlines of the English
Constitution. Britain became a constitutional monarchy. Parliament
established its supremacy over the actual powers of the Monarchy.
7. Present Period (1837- Till Present) Till date, this basic structure of the
British constitutional system remains intac