UK’s Constitution:

Salient Features of UK’s Constitution:

1) Either Documented in written form: UK’s constitution unique feature is that 90% of the
constitution is not in written form. Anything that is not written cannot be law. UK follow
their constitutions as political customs which is called as convention. The violation of
conventions is not resulted in punishment too.
Pakistan’s follow 80% of UK’s constitution. The violation of constitution in Pakistan results
in Capital punishment. As Pakistan’s laws are conventions.
There are two types of laws
a) Civil laws: Cybercrime law (UK has civil laws)
b) Constitutional law: FATA merged with KP (Constitutional law in UK is absent; King,
PM, Cabinet, Parliament are on convention) (King has follow advice of PM)
2) Flexible Constitution: which can be easily amended. Civil laws and Constitutional laws are
passed by parliament. UK’s parliament is bi cameral. Upper house is called House of Lords
and lower house is called as House of commons. King is also part of parliament.
King- House of lords- House of Common (UK)
President- Senate- National Assembly (Pakistan)
In UK either civil or Constitutional law requires a simple majority (50%+1) in lower house.
House of Lords and King cannot null this law after simple majority from house of commons.
In Pakistan, Civil law (Cybercrime) requires simple majority from both houses and
constitutional law requires 2/3rd (67%) majority from both houses.
3) Parliamentary form of Government: Government are either Parliamentary or presidential.
 Parliament: Houses
 Executive: Cabinet
If relation between both is coordination or cooperation, then the system is parliamentary.
If relation between both is separation, then the system is presidential.
UK’s relation between both is coordination, the system is parliamentary.
UK’s president; Firsts member of House of common later becomes PM. PM is head of
cabinet coming from parliament. Cabinet members are also from Lower house and upper
house.
PM is from lower house. If Majority in lower house are against PM, they pass Vote of No
confidence. PM also can dissolve House of common / lower house at any time. PM directs
President to dissolve the assembly.
4) Unitary Form of Government: Government stands on
 Federal government (Cabinet headed by PM)
 Provincial Government (Cabinet headed by CM)
 Local Government (Nazim- Mayor)
 Powers are distributed between center and provinces. But there is no provincial government
in UK. Center is nit sharing power, thus all powers are vested in center.
Unitary form of government is when all the powers are exercised by center.
5) Supremacy of parliament: Parliament in UK- House of Commons; Supremacy of Lower
house of UK is that any law can be passed with simple majority without the interruption of
house of lords, Judiciary and king.
Stephen says, if house of common passes a law to kill the blue eyed children, then you have
to kill your child. (Unitary lacks judicial review)
6) Rule of Law:
 everybody is equal before law.
 Law is supreme not the person.
Two Lower and upper class criminal violating same nature of law; same law, court, judge
France (Administrative law) Bureaucrat vs common man different law, court and Judge
Powers and Functions of King in British political system:
 Legislature: law making
 Executive: implementation of laws
 Judiciary: interpretation of law
1) King’s Legislative power:
To summon the session of house of common
First speech delivered by king- setting the Agenda of sitting
Bill is passed by house of common, House of lord maximum can delay one month
automatically passed, bill then reaches to king. And king has to sign the bill. With the
signature of king bill becomes the law or act.
Prorogue; 30-day session of parliament, king can abruptly finish the session of parliament.
2) King executive Power:
King is head of state.
King is commander in Chief.
Power of appointment: Army, Navy, Air force, MI6, heads are appointed by king
Foreign policy: treaty requires signature of King. King receives ambassadors, presenting
credentials to king.
War declaration by UK, Letter to be signed by king. UK’s peace treaty also requires King’s
sign.
King declares war and peace on other states.
3) Judicial Power:
Appointment of Judges: Different courts judges are appointed by King
Power of pardon:
Reality:
1) Legislative power:
King summons on the advice of cabinet.
Speech n agenda setting; Speech prepared by PM and its Cabinet
 If PM and Cabinet send the king’s death warrant, King has to sign.
The king of UK can do no wrong. (Corruption is traced via minister or PM, as he is innocent)
King signs bills presented by PM
2) Executive Power:
Power of appointment
Ceremonial, symbolic, Titular
Cabinet is the Arc of UK’s political system
Finance, Defense, law (all are the part of cabinet)
3) Judicial Powers:
Appointments are done by cabinet
Question: PM is moon among the starts.
 Cabinet: Axle
 PM: Driver staring
 King: Stepney
 House of Common: Car
Initially king was all in all in authority. With the passage of time king powers declined.
Gradually with the process of evolution king started surrendering his power to parliament. In
parliament from house of Lords to House of Commons.
Parliament gradually surrendered it power to cabinet.
These power were later surrendered to PM.
It took 1000 years to transfer the power from king to PM, from selection to election.