UK CONSTITUTION NOTES BY

M.USAMA AMJAD

3rd semester

JINNAH LAW COLLEGE

 Explain the salient features of the British Constitution?

▪ Discuss in detail the salient features of the British Constitution?

▪ Highlight the salient features of the British Constitution in details?
▪ Discuss in detail the salient features of the British Constitution?
▪ Critically analyse the salient features of British Constitution?

Answer.
Introduction: A constitution means certain principles on which the government of
the state is organized and which establishes the relations between the people and
government. British Constitution is unique in nature. It is constantly (Always)
growing and changing from time to time.

Salient Features of British Constitution: - Following are Salient Features of

British Constitution.

a. Unwritten. In nature British Constitution is unwritten but it does not

mean that all of its parts are unwritten. It means that it has not been reduced to
writing in a single document. Beside the same fact some of the components are
found in written form, e.g. Reform Act 1832, the Parliament Act of 1911 etc.

b. Evolutionary Growth. British Constitution is a result of an evolutionary

growth. It is not the product of any express Legislative Act of Acts. British
Constitution is a child of evolution. It is not a complete thing but a process of
growth.

c. Flexible. British Constitution is a flexible Constitution. British

Parliament can amend constitution by ordinary legislative procedure and just by a
simple majority. It’s because of absence of specific procedure required for the
amendment of the constitution.

d. Unitary Constitution. The British Constitution has unitary character. All

powers of the state are concentrated in the hands of a single government for the
whole country. There are no units or states in Britain.
e. Bicameralism. The British Parliament consists of two chambers
House of Lords and House of Commons. The House commons is the lower
chamber of the parliament. It is a popular chamber whose members are directly
elected by the people. On the other hand House of Lords is the upper chamber. It is
basically a hereditary chamber and its members are nominated by the Queen/King.

f. Supremacy of the Parliament. Parliament is supreme and sovereign

in England. Its command is law and it is final. No court in the country can
challenge the validity of laws passed by Parliament. In the Words of
De Lomme, “British Parliament can do everything except to make a man into
woman and vice versa”.

g. Collective Responsibility. Ministers must stand together and they

cannot oppose the governmental policy. Every minister is also individually
responsible to the House of Commons and the crown.

h. Two Party System, The presence of two party system has been credited
for establishing the English political system. Two party system flourished in
Britain right from the beginning of the Parliamentary period.

j. Rule of Law. Rule of law may be defined as that none of the person is
above or below the law. What is law for the one is also law for another. All the
persons are equal in the eyes of law. If any person violates the law, he should face
the trail of the case in the Government Court. No person can be punished unless
and until it is definitely proved that he has violated some law of country.

k. Fundamental Rights. Fundamental rights of the citizens have not been

incorporated in the form of a list in the British Constitution. The freedoms of the
Englishman are guaranteed by the ordinary law of the land. Infect the British
Constitution is not the creator but a product of fundamental rights, which have
been recognized from time to time by the courts.

l. Checks and Balances. The British Constitution is also based on the

principle of checks and balances e.g. the two houses of Parliament can pass a law,
but no new law can be enforced unless and until it is signed by the King/Queen.
Likewise no order of the crown is valid unless and until it is countersigned by
concerned Ministry of the country.

m. Unreality. Unreality is another characteristic of English Constitution.

There is a great difference in the appearance and reality of the constitution e.g., it
is an absolute monarchy in theory, but in reality the same theory is not functional.
It is now a democratic state ruled by a parliament elected by the people.

n. Mixed Constitution, The British Constitution is a mixture of the

monarchical, aristocratic and democratic principle. In other words we can say it
like this “British Constitution is a mixture of absolute and limited monarchy”.

o. Limited Monarch. In England monarchy is limited in nature. As the

powers of the king have been taken away through statutes and Conventions and
those are being exercised by the Ministers in the name of the crown. At present the
Crown can do nothing without the advice and consent of the Ministry.

p. Universal Adult Suffrage (Right to Vote). Every individual of the age

of 18 has the right to vote.

q. Conservativeness. British Constitution is a symbol of Conservativeness.

The trend of the people of U.K is absolutely in favour of old institutions and this
concept is existence of conservatism.

r. Independence of Judiciary. British Constitution is not based on the

theory of strict separation of powers yet by conventions and traditions a lot of
independence has been allowed to judiciary. Judges are paid liberal salaries and
ensured security of services.

Conclusion. It is rightly said that U.K constitution is neither absolutely

(completely) unwritten nor absolutely (completely) written. It is a combination of
both and has made a circuit (route) for the globe and has become the common
possession of civilized man.
▪ What may be the different sources of British Constitution?
▪ Explain the sources of the British Constitution? (S-2001)
▪ Discuss in details the sources of the British Constitution?
▪ Discuss the sources of the British Constitution in detail?
▪ Describe the sources of British Constitution and highlight the legal sources?

Answer

Introduction. The British constitution is not found in one document. It

consists of different elements which are scattered. British constitution is unique in
nature, its constantly growing. It came into existence with passage of time. It can
only be understood by reference to long series of acts, traditions and judicial
decision.

Sources of British Constitution. Following are the sources of British

Constitution.

a. Constitutional Landmarks. Constitutional landmark is the combination

of documents, charter and law. This came into existence in the shape of agreement,
contract, treaties or recognition of rules by parliament. For example Magna Carta
1215, Petition of rights 1628, bill of rights 1789, act of settlement 1701 and
parliament act of 1911.

b. Statues. According to the requirement of the people and demands of

government U.K parliament formulated the law which not only played vital role
for source of constitution but also delivered coordination among the institutions of
government. Following are the important which includes in the sources of U.K
constitution.
(1) The Habeas Corpus Act 1671
(2) The Municipal Corporation Act 1716
(3) The Reforms Act 1867
(4) The judicator Act 1873
(5) The Representation of People Act 1918
(6) The Ministry of Crown Act 1937
c. Common Law. Common law may be defined as those rules which are
product of slow process of long historical growth being based upon customs and
traditions. These principles are not set down in any statute or ordinance. The courts
recognize these principles. The prerogatives of the crown, the right of trial by jury
the right of freedom f speech rest almost entirely on common law.

d. Judicial Decisions. Another source of U.K Constitution is to be found in

judicial decisions. Judicial decisions are the Judgments and interpretations of
courts, which define the scope and limitations of the different charters, statutes and
common law.

e. Conventions. The substantial portion of U.K Constitution is based on

convention. These are not codified in any book of law. The Courts do not enforce
conventions but however, these rules are recognized by the constitution.

f. Important Conventions. Following are some of the important

conventions.
(1) The crown has no power to veto a bill passed by both the Houses.
(2) Parliament must be summoned once a year.
(3) Prime Minister will be from House of Commons.

g. Opinions of Jurists. Opinions of jurists are also an important source of

U.K Constitution. The jurists express their opinions in consultation with customs,
traditions, judicial decisions and statutes. Some of the important books of different
jurists are as follows:
(1) Austin’s Law and the customs of the Constitution.
(2) Dicey’s Law of the Constitution.
(3) Lords Halsbury’s commentary on the U.K Constitution.

h. Statutory Rules Made by Various Authorities. There are various

authorities empowered to legislate under parliament Acts like universities and
Municipal bodies. The laws and rules made by these authorities are part of the U.K
Constitution.

Conclusion. The conclude, I can say, that the English constitution is a growing
organism. It has been undergoing a slow process of evolution for centuries. The
idea of revolution is alien to its working. It is not derived from a single source but
from several and it is still a growing Constitution.
▪ What do you mean by parliament sovereignty? How this concept is applied in
British Constitution?
▪ British parliament is sovereign with limitation explain?
▪ Discuss the supremacy of parliament by giving examples?

ANSWER

Introduction. Admittedly, parliament of England is the mother of all

other parliament. Other countries have taken their inspiration from her. In the
words of De Lome “Parliament of UK can do everything but make a woman a
man and a man, a woman. The U.K parliament is the oldest institution in the field
of legislation. It has sovereignty and supremacy in U.K right from the beginning of
parliamentary era.

Meaning of Parliamentary Sovereignty. The sovereignty of parliament means

that parliament is the supreme power of the state in the sense that it can make or
unmake any law. Courts will obey its legislation in all respects and there is no
power in the state capable of overriding (Overruling), limiting or prescribing
(fixing, set down) its authority.

Constituent (Ingredient, basic) of Parliament. The British parliament

consists or basis on the following institutions.
a. The Crown Institution (King/Queen).
b. House of Commons.
c. House of Lords.

Principle of Parliament Sovereignty. The parliamentary sovereignty can

be understood by taking into consideration the following principle of British
constitution.

a. The legislative sovereignty of parliament.

b. The complete supremacy of ordinary law through the constitution.
c. The dependence of the convention upon the law of the constitution.
Exposition (Exhibition) of parliamentary sovereignty. Parliamentary
sovereignty implies following three things.
a. The right to make and unmake any law. It means that parliament has the
authority to alter (Change) or repeal (Cancel) any law.
b. No person or body of persons in U.K has a right to override or set-aside the
legislation of parliament. No one has the right to brake free from the law made by
the parliament and the certain law cannot be challenge in court of law. Because
courts have to obey the legislation made by the parliament.
c. This authority of parliament extends to every part of British dominions
(Territory).

Examples of parliamentary sovereignty. The U.K parliament has attained

supremacy gradually with the passage of time. Its supremacy may be discussed
under following heads.

a. Supremacy as Regards to Public Rights. Following are included in this

head.
(1) Bill of Right 1689. The provision of bill illustrate that how the
parliament become defacto sovereign of the state. The bill says that the
election of members of parliament ought (should, must be) to be free. The power
of the king of suspending or dispensing with laws without the assent of
parliament is illegal.
(2) The Act of Settlement 1701. The act shows that the king occupies a
throne not because he was a member of the royal family, but under parliamentary
title.
(3) Act of Union with Scotland 1707 and with Ireland 1800. By passing
these two acts parliament made Scotland and Ireland part of the U.K.
(4) The parliament Act of 1911. This act curtailed the powers of the House of
Lords. All legislative power relating to money bills was taken away from the house
of lords.
(5) The Statute of Westminister 1931. Under this act the dominion
legislature were granted full legislative authority.

b. Supremacy Regarding Private Rights. Parliament of U.K also has

established its supremacy by interfering with the private rights. According to Coke
following are the instances or parliamentary sovereignty.
(1) It may adjudge an infant or minor of full age.
(2) It may naturalize and alien.
(3) It may legitimize and illegitimate child.
Limitation on Sovereignty of Parliament. Following limitations are
imposed on parliamentary sovereignty.
a. Rule of Law. Parliament cannot make a law opposed to the rule of law. If
parliament passes a law opposed to rule of the law, it imperils its own supremacy.

b. International Laws. It is true that parliament can pass a law which is

against the rules of international law but ordinarily while interpreting the statutes,
courts proceed on the presumption that parliament did not intend to violate the
principle of international law.

c. External Limitation. The external limitation was due to the possibility of

popular resistance parliament will hesitate to pass laws which are likely to be
opposed by the public.

d. Internal Limitation. The internal check comes from the nature of

sovereign power itself. Parliament with the history of 18th century before its eyes
will not tax the colonies or can described like this that they would not make laws
against the wishes of the people.

e. Statute of Westminister 1931. The statute of Westminister is imposing

limitation on the parliamentary sovereignty. According to this statute the dominion
constitution cannot be altered or amended by the parliament of U.K except with the
consent of dominions.

f. Political Sovereignty. Parliament cannot act against the wishes of

the people. The ultimate rulers of England are the people of England. The voters of
England can change the parliament itself at the time of next election.

g. Press and Public Opinion. The press and public opinion are
important checks on the sovereignty of parliament. No parliament dare pass any
law which is opposed by the press or the public opinion.

h. Leagues and Association. League and association formed for political and
economic purpose put a limit on the sovereignty of parliament. They have to be
consulted by parliament before passing a measure affecting them. It is impossible
to ignore those associations.
Conclusion. Parliament is the highest authority in England concerning all matters
of state. It can enact, amend alter or repeal any law whatsoever at any time. At last
we can say that U.K parliament is supreme in its nature as it has the control over
the nation and which works in favour of Englishman
▪ What do you mean by the term “Rule of Law”? Discuss its significant under
the British Constitutional System.)
▪ What do you understand by “Rule of Law”, whether there are some
exceptions to it under British System?
▪ Explain “Rule of Law” under the British Constitution?
▪ Write on Essay on the “Rule of Law” as it prevents in England
▪ Explain Dicey’s exposition of “Rule of Law” and its critic?

Answer

Introduction. Rule of Law means the supremacy or dominance of law. The rule
of law in England is the outcome of centuries of development. According to Prof.
Dicey though there is no separate act in England to guarantee the fundamental
rights of the citizens as is the case in U.S.A yet British citizens enjoy maximum
liberty due to the rule of law. The very root of English law depends upon the rule
of law.

Meanings of Rule of Law.

a. Black’s Law Dictionary. Rule of law means “A substantive legal

principle”.
b. According to Bluntly. Rule of law means that it is the law of the
England that rules the country and not the arbitrary will of any individual. Law is
supreme over all non can claim exemption or immunity from it.
c. General Meanings. Rule of law implies that none of the person is above
or below the law. All the persons are equal in the eyes of the law. If any person
violates the law, he should face the trial of the case in the court.
Dicey’s exposition of the Rule of Law. The English jurist dicey has given an
exposition of the conception the rule of law in his book “Law of the Constitution”,
first published in 1885. He gave following meanings to this concept.

a. No Arbitrary Punishment. No man is punishable or can be lawfully

made to suffer in body or goods except for a distinct breach of law established by
the ordinary court of land. So all persons accused of an offence should be tried in
an ordinary court of law in the ordinary legal manner and no one is to be deprived
of his life, liberty and property.

b. Before Law Equality (Every One is Equal in the Eye of Law).

Secondly, rule of law implies that in United Kingdom every citizen, rich or poor
high or low is subject to the same law and the same courts of law. It’s because U.K
law does not make any distinction between acts of government and those of
ordinary citizens. If any public official does any wrong to an individual or exceeds
the power vested in him by law, he can be sued in ordinary court and tried in the
ordinary manner.

c. Judicial Decisions. Finally, rule of law means that the general principle
of the constitution are the result of judicial decisions determining (formatting) the
rights of private persons in particular case brought before the courts.

Instances (Examples) of Rule of Law. Following are the important

instances of the rule of law.
a. The Right to Personal Freedom. People have personal freedom in
England. No person can be arrested without lawful reasons.
b. The Right to Freedom of Decision. People of England have right
to freedom of decision. Media is independent. Everyone can criticize the policies
of the government.
c. The Right to Public Meeting. People have right to public meeting
and form the political parties.
d. Ministerial Responsibility. Ministerial responsibility is important
instance of the theory of rule of law. If one Minister do wrong other become
responsible for his actions.

Exception. Since Dicey explained the concept of the rule of law many changes
came over the world and even in Britain a country which can boast of the rule of
law the concept had to face the challenge of the changing times and admits certain
clear limitation to the rule of law. Following are the exception of Rule of Law.
a. Suspension of the Rule of law. During emergency the government
may partially suspend the rule of law.
b. Judges of the Courts. Judges cannot be held responsible for anything done
by them in the official course of their business.
c. Queen is Above Law. The queen is not amenable to any court of
law. She is above law. She is immune (Protected) from all civil and criminal traits
(Character).
d. Crown is not responsible for the wrongs done by its officers.
Crown is not responsible for the wrongs done by its officers. A government official
is personally responsible for his mistake made in his official capacity.
e. Foreign Rulers. Foreign rulers cannot be tried by any court in
England for any wrong committed by the.
f. Diplomatic Representatives. Diplomatic representative cannot be
tired by any court in England.
g. Servants of Crown have no Protection if Dismissed. If crown
dismisses his servants. They have no protection against the crown even though
they are dismissed without a just cause.
h. Public Officers are not liable for the wrongs of their
subordinates. Public officers are not liable for the wrongs of their
subordinates because there are certain acts which have conferred some privileges
and immunities to public authorities.
j. Time of Proceedings against Servant. It is essential to take action
against public servant within six moths from the date of the cause of action
regarding any excess, neglect or default of public authority. The right of action laps
after six months.
k. Justice of Peace. Justice of peace is not liable for any act if the act is
not wrongful or malicious.
l. Trade Union. Trade unions in England enjoy lot of immunity (protection)
from law.
m. Cancellation of Citizenship. If the citizenship of some one is cancelled it
cannot be challenged in any court.
n. Power to Police. The Public Order Act 1916 given the police the
power to regulate or prohibit public meetings and processions (March/Parade). It
can also declare drilling and wearing of unauthorized uniforms as illegal.

Conclusion. The rule of law still remains a principle of the English constitution
but it needs reinstating (Re-establish, restore, Replace) in the light of present
conditions. There are several limitations which indicate that the rule of law is not
fully adhered to in England today.
▪ What do you understand by “House of Commons”? Explain different
privileges to members of House of Commons.
▪ Write a comprehensive note on the committees of House of Commons.
▪ House of Commons is more powerful than House of Lord Explain?
▪ What do you know about “House of Commons” Functions in British
Parliament? Write a Comprehensive Note of the Subject?
▪ “House of Commons” Lower Chamber of the British Parliament Explain?

Answer

1.
Introduction: - The Parliament of England is called the mother of all other
Parliaments in the world. When we speak of the British Parliament, we mean the
House of Common. The House of Commons is the lower chamber of the British
Parliament. It is known as the popular chamber also. It is more powerful and
influential than the House of Lords or the upper chamber. For all practical
purposes the House of Commons is the British Parliament.

In the words of Walpole, “when a minister consults parliament, he infect consults

the House of Commons; when the Queen dissolves Parliament she dissolves the
House of Commons. In other words a new Parliament is simply a new “House of
Commons”.
2.
Composition: - At present the House of Commons consists of 635
members. There are 516 member of England, 71 for Scotland, 36 for Wales and 12
for Northern Ireland.
3.
Qualification of Members:- Following are the qualification required for a person
to become a member of House of Common: -
a. The person must be 25 Year old.
b. He must not be a bank corrupt.
c. He must not be an Insane person.
d. Clergymen, civil servant, members of the regular armed forces, police men,
judicial officers and members of House of Lord are disqualified from being
member of House of Commons.
4.
House of Commons a popularly elected legislative chamber: - House of
Commons is elected by the people directly. But in history the story is quite
different from present situation. In medieval days when the foundation of House of
Commons was laid, the house was represented by the land lords, merchants,
guildsmen etc. It was a functional representation and not territorial representation.
It continued to be so till 1932. The change came with the extension of
parliamentary franchise (Authorization, License) through the reforms
(Improvements) Acts of 1832, 67, 84, 1918, and 1928. Women were grated the
right to vote for the first time in 1918. In 1928 men and women were grated the
right to vote on equal terms.
5.
Term of the House of Common: - The term of the House of Commons was
three years up to 1716, from then upto 1911 it was seven years the Parliament Act
of 1911 fixed it at five years.
6.
The Officers of the House of Commons:- Following are the officers of House
of Commons which performs their specific duties:-

a. Speaker At one time the Speaker used to be the kings nominee but
now it is the House which elects its speaker although sovereign still approves of
speaker’s election formally.

b. The Chairman of the Committee of ways and means He has three

main functions:-
(1) To act as Deputy to the Speaker.
(2) To Preside Over the Committee of the Whole House.
(3) To supervise all private business. There is also Deputy Chairman.

c. The Sergeant of Arms He is appointed by crown to attend upon the

speaker to enforce the order of the House and to execute warrants issued by the
crown to assist the speaker

d. Clerk of the House He is appointed by the crown to assist the speaker.

e. Chaplan He is appointed by the speaker to conduct prayers at the
beginning of each session.
7.
Committees of the House of Commons There are five different types of
committees in the House of Commons:-
a. Committee of the whole House.
b. Select Committee.
c. Standing Committee
d. Private Bills Committees
e. Joint Committees

8.
Privileges of Members These are those rights without which the members
cannot discharge their function. The members enjoy freedom of speech in the
House and such freedom is absolute. The house can punish its own member and
outsider for contempt (disrespect) of House.
9.
Power and Functions of the House of Commons Power and Function of the
House of Commons is listed below:-
a. The House as a Legislature: - All bills to become Acts of
Parliament must be passed by the House of Commons. In actual practice the House
of commons has lost its law making power to the cabinet.
b. The House as Controller of National Purse (Prize): - The powers of the
House of Commons over national income and expenditure are absolute. The
Parliament Act of 1911 rendered the House of Lords totally powerless in this
regard.
c. The House as the Maker of the Government: - The principle function
of the House of Commons is to make to support and vote out Governments. As we
can say House of Commons at any moment it can choose a ruler as well as dismiss
a ruler.
10
The Existing Role of the House:- Existing Role of the House is reflected
below:-
a. Function of Supporting the Government: - An important function of the
House of Commons these days is to provide necessary support to the government
to enable to carry through its program in the parliament. This function is performed
by the majority party in the House because the government belongs to this party.
b. The Function of Criticism: - Another function of the Commons is to
criticize the government. The opposition party or parties perform the function. The
question hour is another device to bring to light failures of government in specific
spheres (Areas) of activity.
c. Function of Education: - The House of Commons though a wide
publicity of its debates in press and on radio and television spreads political
education among the people.
d. Debating Issues of Political Importance: - The most important function
of the Parliament is the debating of various bills and resolutions that are placed
before it for approval.
e. Amendment of the Constitution: - The House of Commons is fully
authorized to amend any provision of the constitution by simple majority whenever
it likes.
f. Redress of Public Grievances (Complaints):- The House of
Commons is also regarded as the final authority to provide relief to the people
when they suffer any difficulty or meet injustice from the hands of government
official. An hour is fixed for asking questions on each day, the house meets.
11.
Conclusion At the end we can say that in theory House of Commons is
expected to perform the functions mentioned above. But in practices the Cabinet
has now become the master of the house of commons. The 20th Century has
witnessed the rise of Cabinet dictatorship. More than 90 percent of the bills are
moved by the ministers and these are passed as the cabinet desire
House of Lords upper chamber of British parliament discuss?
Discuss the composition and role of the House of Lords?
Answar

Introduction. The House of Lords is the second or upper chamber of the

British Parliament. Historically it is the oldest legislative chamber of the world. Its
membership is not fixed. Its members are not elected directly by the people, they
are appointed by the King/Queen. It is a permanent house which is never dissolved.
It is generally stated that the house of lords is a hereditary house.

Composition. Members of House of Lord are as under.

a. Princes of Royal Blood. Male adult members of royal family who

have attained maturity and fulfilling are the requirement of the house are appointed
as members of House of Lords. They by custom do not take part in the proceedings
of the House. Generally their number is not more than two of three at a time.
b. Hereditary Lords. Historically this category includes land lords and
powerful person of the land. About nine-tenth of the total number of members
belong to this category. Peerage is granted by the crown and he may create as
many peers as he like.
c. Scottish Peers. Scottish peers are 16 in number and they are elected
by hereditary peers of Scotland for each parliament.
d. Irish Peers. By the act 1800 for the Union of Great Britain and Ireland,
the Irish peers were entitled to elect 28 peers for life to represent them in the House
of Lords. Since the setting up of the Irish Free State in 1921 no new peers have
been elected.
e. Lord of Appeal. The House of Lords is the highest court of appeal
for England. So it is necessary it should always contain a number of eminent
judges and lawyers. There are nine law lords who are appointed for life and paid
salaries. There duty is to assist the house in the performance of its judicial
functions.
f. Spiritual Peers. Tow Archbishops and Twenty-four senior bishops
are the representative of the church. They retain or hold their seat in the House of
Lords as long as they remain in Church services.
g. Life Peers. They are the persons who have held high offices in the state
and have since retired e.g., ex-minister, ex-speakers, ex-politician, ex-scientist, ex-
bishops, ex-judges and distinguished scholars.
Numbers of Members. The numbers of members are not fixed. At present
there are about _____ members who are called peers. Their number is added from
time to time by new creations.
Disqualification. Following persons cannot become the member of the House
of Lord.
a. Minor
b. Convict
c. Insane
d. Bankrupt
e. Woman
f. Present Member of House of Commons
Presiding Officer. The House of Lords is presided by a Lord Chancellor who
is member of the cabinet.
Privileges. Privileges available to House of Lords are as under.
a. Access to the Crown. Every member of house of lords can access
to the sovereign (Crown) to discuss public affairs.
b. Freedom of Speech. The Lords can express their views freely and
without any pressure.
c. Right to Publish Opinion. The lords can publish their opinion in
official papers.
d. Freedom from Arrest. No member can be arrested when parliament
is in session.
e. Exemption. It enjoys exemption from serving as jurors.
f. Determination of Peerage. The House has the right to determine
disputed claims to peerage.
g. Right to Receive writs of Summons. They have the right to
receive individual’s writs of summons to attend Parliament.
h. Right to Record Protest. The members of the House of Lords have the
right of recording a protest against any decision of the majority of house in the
journals.
j. Right to act as a Court. The peers have the right to act as a Court of
Final Appeal.
Powers and Functions. The House of Lords is both coordinate branch of
parliament and literally a court of Law. It is ordinarily described as the highest
court of appeal. Its powers and functions ca be explained under different
categories. Details are given as under.
a. Legislative Powers. The most important function of the British
Parliament is to enact laws. An ordinary bill can be introduced in any of the two
houses. Money bills can be introduced only in the house of commons. An ordinary
bill passed by the House of Commons, it is sent to House of Lord and when passed
by it, it goes for the Royal assent. If the House of Lords refuses to pass an ordinary
bill and sends it back to the House of commons. House of commons passes it again
and in between these two passing a period of one year lapses than the const of
house of lords is not necessary. On the other hand if any ordinary bill is introduced
in the house of lords and the house of commons refuses to pass it, the bill will die.
To be brief in legislative spheres, the house of lords is only a delaying chamber.
b. Financial Powers. In the financial filed the powers of House of Lords
are less than house of commons. Money bills according to parliamentary act of
1911 can only be introduced in the House of commons. The house of lords whether
passed it or not after passage of one month the bill will go for the royal assent. The
House of Lord cannot reject it, they can only delay the passage of the money bill
by a period of one month alone.
c. Executive Powers. The lords have the power to ask question from the
government and have a full right to debate its policies. It also enjoys a share in the
cabinet membership. But they can only examine cabinet ministers they cannot pass
any disapproval against them. The Prime Minister belongs to the House of
Commons as the cabinet is collectively responsible to the house alone. We can say
that house of lords control over the executive is insignificant.
d. Judicial Powers. The house of lords is the final court of appeal in
Britain and they lord chancellor also acts as a chief justice of the country. All peers
have the right to hear appeals but in practice they are head by law lords. The whole
house never meets as court of appeal.
e. Other Powers. The house of lords performs an important unction of
discussing such social and political question, which are not ready for legislation.

Conclusion. The house of lords has no real power it just a delaying chamber.
Before the passage of the parliament act of 1911. The house of lords was equal in
powers with the house of commons but after the parliament act of 1911 the
position is quite different. Now they are less in the power as compare to House of
commons
▪ What are different powers available to Prime Minister of England?
▪ Critically Analyse the powers and functions of British Prime Minster?
▪ Highlight the Powers & Function of the Man so called “Key Stone of the
Cabinet Arch”?

Answer

Introduction. The cabinet is the real ruler of Britain and the Prime
Minister is a key man in it. The institution of Prime Ministership is the result of a
convention. In 1905 the title "Prime Minister" was noted in a royal warrant and it
was later mentioned in the Chequers Estate Act 1917. The position of the Prime
Minister was legally recognised after the passage of the Ministers of the Crown
Act 1937. The Prime Minister is central to the life and death of the cabinet. It is
round his figure that a ministry is formed and his death or resignation brings about
an automatic fall of the cabinet. He thus creates, keeps and destroys the cabinet.
According to the conventions of the country Prime Ministers must belongs to
house of commons.
Appointment of Prime Minster. The Prime Minister is appointed by the
crown (King/Queen). After the general election in the country the king invites the
person who has majority in the house to form the government. We can also say the
choice of the Prime Minister is automatic. But some times the choice of the Prime
Minister can present complication. Complications arise when the Prime Minister
dies in office or he resigns for personal reasons and the majority party has no
recognised leader. In that case the Queen has an absolute right to consult and
summon any one she pleases.
Powers and Function. Following are the powers and important functions of the
British Prime Minister.
a. Leadership of the Cabinet. Prime Minister is the leader of his Cabinet.
He is dominating personality in the cabinet. If the cabinet is the engine of the ship
of the state, the Prime Minister is the driver. He forms the ministry. He appoints
the ministers and can also dismiss the ministers with approval of the King /Queen.
b. He is the Leader of the House of Commons. The Prime Minister is
the leader of the House of Commons. He represents cabinet in the house of
commons. He is the chief spokesman of the government and all important
announcements in the house are made by him. As a leader of the House of
Commons he has the power to correct the errors in the statements issued by his
colleagues.
c. Source of Communication Between King and Cabinet. The Prime
Minister is a source of communication between king and cabinet. He plays a vital
role between king and cabinet. Prime Minister is the mouthpiece of the Cabinet
which conveys his views and decisions to the crown, and at the same times he
conveys the crown’s massages to the cabinet.
d. Control Over Foreign Affairs. The Prime Minister controls over
foreign affairs. He formulates foreign policies. He can exchange public messages
with the ministers of other countries. British Prime Minister also attends
international conference.
e. National Leader. The Prime Minister is the national leader of the
country. He makes all policies for his country. He is the leader of his people.
f. Control over the Finance. The British Prime Minister also controls the
finance of the country. The budget is prepared with his knowledge and he is kept
informed about the financial affairs.
g. Powers of Appointment. Important appointments are made by the
crown on the advice of Prime Minister he can appoint Ambassadors of country,
Diplomatic representative, Governor – General of Dominions, Governor of
colonies, Finance Minister, Member of Cabinet, Civil Officer, Military Officers
and church officers.
h. Chairman of Various Bodies. The Prime Minister is the chairman
of various bodies. He is the ex-officio chairman of the important committees.
j. Acknowledged Leader of his Party. The Prime Minister is the
acknowledge leader of his party which is the majority party in the parliament.
k. Chief Advisor of the Crown. Prime Minister is the Chief Advisor of the
crown. He gives advises to the crown on important matters.
l. Right to choose the date of Election. The Prime Minister is the
only person in the British Government who decides when to hold a general election
i.e., to dissolve Parliament and go to the polls.
m. Policy Maker. The Prime Minister is the policy maker. All
important policies are made by him.
n. Power of Dissolution. The Prime Minister is the only person who is
authorized to advise the king to dissolve the house of commons. Prime Minister
should consult the cabinet on the issue of dissolution.
o. Settlement of Disputes. The Prime Minister settles the disputes
between the different departments of the government.
 Conclusion. At the conclusion we can proudly say that British Prime Minister is
a great force in U.K. He is the key stone of the Cabinet Arch. He is the
representative of the nations in the parliament. British Prime Minister is backed by
the majority of the house of commons that’s why he is most power full man in
British system of realm.

▪ Explain the cabinet system under the British constitution?

▪ State the nature and functions of cabinet in England?
▪ State the nature and functions of the Cabinet system in England?
▪ Write a detailed note on cabinet system?

Answer:

Introduction. The cabinet is the core of the British Parliamentary form of

government and is its chief guiding authority. Cabinet has been rightly described as
the “Glory of the Constitution”. According to Murray the cabinet is a term
recognised by convention to describe the group of ministers chosen by the Prime
Minister who are collectively responsible for formulating policy and controlling
the departments subject to parliamentary approval.

Evolution of Cabinet System. Originally cabinet was committee of the

privy counsel which became too large for administration work. The cabinet is
called the child of privy council. King Charles –II (1660-85) began to consult a
small group of privy councilors in matter of state. In the reign of Charles-II the
cabinet acquired a formal shape. The cabinet system further developed during the
reign of William-III and Queen Anne.

Nature of the British Cabinet. The cabinet is a body unrecognized by law.

Its existence is only customary, i.e. based on custom or conventions.

Composition of British Cabinet. The cabinet is the driving force of the

administration. At the end of the general elections the king or queen invites the
leader of the majority party in the house of common who then become the prime
minister and crown asks him to form the cabinet. He then submits the list of the
ministers to the king or queen who formally approves it and then the cabinet
personnel is announced in the gazette.
Features of the Cabinet System. England has got a parliamentary government
where the king is a nominal and constitutional head of the executive. The real
powers are exercised by the parliament. There are certain essential features
according to which the cabinet system is being carried on. The important features
of the cabinet system of Great Britain are. .
a. Exclusion of the King from Cabinet. The Queen of King does not
attend the cabinet meeting. It has become constitutional convention.
b. Leadership of the Prime Minister. The Prime Minister plays dominant
role in cabinet. The cabinet is formed by the Prime Minister. He is the keystone of
the cabinet arch.
c. Secrecy. The meetings of the cabinet are secret and private. Every
member of cabinet takes the oath of secrecy. The discussion is not disclosed in the
public.
d. No Legal Status. The British cabinet has no legal status. There is no
mention of cabinet in the written part of the constitution. The cabinet is called the
child of the conventions.
e. Ministerial Responsibility. The cabinet members are responsible to the
house of commons individually as well as collectively and they are liable to law
for their acts.
f. Unity of Cabinet. Unity of cabinet is the outstanding features of
British cabinet system. The cabinet always acts as unit. They are supposed to face
the House with one voice.
g. Collective responsibility The members are collectively responsible.
The result is that all the member’s works as a team. The cabinet stands or falls
together as a unit.
Function of the British Cabinet. Following are the important functions of the
British Cabinet.
a. Policy Determining (Shaping, formative) Functions. The cabinet
is policy formulating body. The cabinet discusses and decides all sort of national
and international problems. The cabinet decides the measures which are to
received priority.
b. Executive Function. In England cabinet is the real executive. The
cabinet formulates the general policy of the government. It determines the foreign
policy of the government and decides measures for the war and peace. All
important appointments are made by the cabinet.
c. Legislative Functions. The cabinet controls the legislative activities.
Following are the main legislative functions.
(1) The parliament is summoned on the advice of the cabinet by the
king.
(2) The speech of the king in parliament is prepared by the cabinet.
(3) The cabinet explains all bills which are to be passed in the parliament.
(4) The cabinet guides the leader of house in the parliament.
d. Financial Function. The cabinet plays important role in this regard. It
prepares the budget for the country and is responsible for the whole expenditure of
the stock.
e. Judicial Functions. Following are the judicial function of the British
Cabinet.
(1) The judges of important courts are appointed on the advice of cabinet by
the king.
(2) The rules and regulation for judiciary are prepared by the cabinet.
(3) The power of pardon, reprieve and respite is exercised by the king on the
advice of the cabinet.

Conclusion. At the end we can say that the working of the cabinet system in
England is a process of slow growth and evolution. Prime Minister is the head of
the cabinet who forms his cabinet, under the order of the king, among the member
of the parliament cabinet exercises large powers in almost every sphere (filed,
subject, area) of governance.
▪ Briefly discuss the Judicial System of England?
▪ Explain the Judicial system of England?
▪ Briefly discuss the judicial function of the British Constitution?
▪ Explain the Judicial function of the British Constitution?
▪ What are the Judicial functions of the British Constitution?

ANSWER

Introduction. In England justice is available to all people whether they

are rich of poor. This is due to the independence of judiciary and the rule of law.
When we talk about the judicial functions of the British parliament we mean
judicial functions of the house of lords. The rights and liberty of every individual is
protected by judiciary in England.

Salient Features. Following are the salient features of British Judicial system.
a. Rule of Law. The Rule of law is outstanding feature of British Judicial
system. It means that none of the persons is above or below the law and all persons
are equal in the eyes of the law courts will apply the same law on all subjects.
b. Speedy Justice. Speedy Justice is another feature of U.K judicial
system, cases are disposed off quickly. It is because judges possess greater
discretion (Carefulness /judgment) in dealing with legal technicalities and judicial
rules of procedure are made by a special rule committee.
c. Independence of Judiciary. The Courts of U.K are free from all the
pressures and decides the cases on merits.
d. Neutrality. The courts are neutral in U.K and they never support any
party, neither plaintiff nor defendant. The courts complete the requirement of
justice in neutral manners.
e. Equality. The courts in U.K represent the principle of equality. It is
the duty of prosecution to prove its case beyond reasonable doubts and on its own
merits.
f. Jury System. Jury system is another unique feature of British Judiciary. In
all serious criminal cases the accused must be tried not by a judge alone but also by
a jury which is group of laymen who are appointed to assist the judges in
administration of justice. In all civil cases involving an accusation against the
moral character of either of the parties, that party may demand a verdict (Decision)
by a jury.
g. Dual System of Bar. The lawyers are divided into tow parties in
U.K. the solicitor and the barristers. While the solicitors deal with the clients and
prepare cases, it is the barristers, who argue them in the courts.
h. No Judicial Review. Courts in England have no powers of judicial
review. On account of the sovereignty of parliament, the institution of judicial
review does not exist in England. No court of law can declare ultra vires a law
passed by the British Parliament on account of its unconstitutionality,

Organization of Courts in England. The courts in England are divided into two
branches. The civil courts and the criminal courts. Comprehensive details on
subject matter are listed below.

a. Civil Courts. Civil courts deal with private law or disputes between one
citizen and another. Organization of the civil courts in England is reflected below.
(1) County Courts. At the bottom of civil courts is the county
court. The whole country is divided in about 337 counties and each county
has a court. A county court has one or more circuit judges, assigned by the Lord
chancellor.
(2) High Court of Justice. It is situated in London. It is an appellate
court against the decisions of county courts. The cases which don’t fall in the
jurisdiction of county courts are trailed in High Court of Justice. The high court of
justice, also known as the supreme court of judicature is divided into three
divisions.
(a) Queen’s Bench Division. The Queen’s bench division deals
with ordinary civil cases.
(b) Chancery Division. The Chancery deals with cases of Equity.
(c) Probate, Divorce and Admiralty Division. This division deals with
cases of marriages, will and ships.
(3) House of Lords. House of lords is highest court of appeal in civil
matters. It consists of ten lords of appeal in ordinary.
(4) Court of Appeal. Appeals from county courts and the three divisions
of the High Courts of Justice lie with the court of appeal. The presiding judge is
called Master of the Role. It consists of 14 lord’s justice of appeal and of lord
chancellor and all three presidents of Bench division of the High Court of Justice.
b. Criminal Courts. Criminal courts deal with branches of public law.
The organization of criminal courts is distributed as under.
(1) Justice of Peace and Stipendiary Magistrates. At the lowest level
of the criminal courts are the justice of peace and stipendiary magistrate.
The honorary judges are appointed on the various localities to decide the criminal
cases of pity nature. Theses judges are called justice of peace.
(2) The Court of Assizes. These are the local courts to try the criminal
cases and is branch of the high court. Cases in these courts are head by a judge and
a jury. The president of this court is a judge of the high court. This court is
conducted in each county twice a year. It has jurisdiction on the various heinous
offences such as imprisonment or death.
(3) The Quarter Session Courts. This court consists of all the justices of
peace in a county. All the justices may or may not participate in a session of this
court but two justices are necessary to constitute the quorum. Cases involving
death sentences or other very serious cases are not head by this court.
(4) Courts of Criminal Appeal. Appeals from the quarter session and assizes
lie with the court of criminal appeal. This court consists of the lord chief justice
and the judges of the queen’s bench. General three judges hear the appeal.
(5) Judicial Committee of the Privy Council. It reviews cases referred to
it by various British colonies. In fact it does not decide cases but gives advice to
the king.

Conclusion. Judiciary plays a vital role in united kingdom for providing justice
to the people. Its also protect the rights and liberty of the people of united kingdom
as every person is equal in the eye of law. For centuries past, the judicial
organization in Britain was a bewildering (Confusing) collection of courts but now
the courts are arranged into a hierarchical order of lower & high criminal and civil
courts.