Course Instructor: Saba Alam SOL| School of Law

Subject: UK Constitution LL.B-III (5 Years)

SALIENT FEATURES OF BRITISH CONSTITUTION

INTRODUCTION

British constitution system is the oldest democratic system in the modern world. The British
were the first to discover how to manage a large state on democratic principles. Great
Britain is mother of democracy.

SALIENT FEATURES OF BRITISH CONSTITUTION

Following are some salient features of the British constitution

1. Unwritten:

This is the most important and most distinguishing feature of it. It is based on Conventions
and Customs that have been prevailing from a long time in UK. Such unwritten sources form
the major part of the constitution.

There are many Acts, Treaties which are in written form and they make it partly written and
even then Non-codified. These were also gradually added and adopted. The first written
piece being “Magna Carta 1215”, “Bill of Rights 1689”, “Parliamentary Acts of 1911 and
1949” and so many others.

2. Flexible Constitution:

Though the constitution is not in a proper codified form, it has a

great adaptability character. It is very easy to amend and make new laws. It requires a
simple majority to pass an amendment. Regardless of its flexibility, there have been a very
few changes made till date.

3. Evolutionary Growth:

British Constitution is the result of more than fifteen centuries and it is still growing. It is of
an evolutionary growth. It would be very precise to call it a child of wisdom and chance. It
has grown gradually and no fixed time or a fixed number of people created it.

4. Unitary:

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Course Instructor: Saba Alam SOL| School of Law
Subject: UK Constitution LL.B-III (5 Years)

It is called a unitary state because there are no units in Britain. All powers are concentrated
into one Single central Authority.

5. Bicameralism:

It literally means divided into two parts. British Legislative authority, the Parliament is
divided as follows:

 House of Lords
 House of Commons

House of Lords:

It consists of 26 Bishops and Archbishops of Church of England called as ‘Spiritual Peers;.

There are 92 Hereditary Peers, 1 Irish Peer, 16 Scottish Peers and several hundred Life Peers.
These are nominated by the Crown on the advice of PM.

House of Commons:

It consists of 650 members elected by citizens of Britain. This house is more powerful than
the House of Lords. Money bills can only originate from House of Commons. PM also
selected from House of Commons.

6. Rule of Law:

It is said that Law is above everyone and applies to everybody. It is a very fundamental
concept having following aspects:

i. Legality:
All state actions must be authorized. Laws should not be arbitrary.
ii. Certainty:
Laws should be clear, certain and predictable.
iii. Consistency:
The Laws should be applied equally to all, no one is above the Law.
iv. Accountability:
Laws are necessary to provide a standard to measure the action of the state.
v. Due Process and Access to Justice:

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Course Instructor: Saba Alam SOL| School of Law
Subject: UK Constitution LL.B-III (5 Years)

No one should be punished without a trial. It must be a fair trial and held before an
vi. Independent and impartial tribunal:
This can be viewed by the various Acts of Parliament, judicial decisions and by virtue
of common law.
7. Supremacy of Constitution:

A constitution is a body of rules or laws coming in varied shapes, sizes and formats;
determining the organization of Government and the basic principles on which its powers
are exercised.

Lord Bryce states:

“The constitution of a state or a nation consists of those of its rules or laws which the
determine the form of its government and respective rights and duties of it towards the
citizens and of citizens towards Government.”

8. Independence of Judiciary:

The Rule of Law is safeguarded by the provision that judges can only be removed from office
for serious misbehaviour and according to a procedure requiring the consent of both the
houses of the Parliament. So, the judges are able to give their judgments without any fear or
favour.

9. Blended Constitution:

This is a very unique feature of the British Constitution. It is a mixture of Monarchy,

Aristocracy and Democracy.

 Monarchy: Due to existence of Crown

 Aristocracy: Due to existence of House of Lords
 Democracy: Due to existence of House of Commons.
10. Conservative Nature:

The long driven conventions are a proof of their conservative nature. This has made their
Constitution even stronger.

11. Political Parties:

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 Course Instructor: Saba Alam SOL| School of Law
Subject: UK Constitution LL.B-III (5 Years)

There are three political parties in Britain, Labor, Conservatives and the Liberal-Democrats.
Conservatives and Liberal-Democrats have together formed a coalition government
currently.

12. Rights of Citizen:

Britain has recognized broad liberties to its citizens. These fundamental Rights are embodied
in Bill of Rights 1689.

13. Element of Adjust ability:

Adaptability and Adjust ability of the British Political Institutions are remarkable traits of her
political life. Transition from Feudalism to Capitalism, Absolute Monarchy to Constitutional
Monarchy and from a Police State to a Welfare State have been peaceful and Gradual.

14. Merger of Powers:

UK is a good example of merger of powers. There are three pillars of its government.

Executive: It is the body which executes Laws, proposes and enforces them. It comprises of
the Monarch, Prime Minister.

Legislative: It is the body which makes or amends Law.

Judiciary: It interprets Laws.

In Britain, Executive and Legislative are fused into one and another forming “Cabinet”.
Before 2009, UK could be seen as a complete merger of powers. Now Supreme Court is also
established separately in UK. Earlier, Executive the Crown & PM, The Judiciary and the
Legislative bodies were combined together in Westminster, UK.

15. Sovereignty of Parliament:

British Parliament is very powerful and supreme. Following are the major points that
describe it and clarify its character:

i. There is no Law which British Parliament cannot make or undo.

ii. No Court can challenge the acts or laws passed by the parliament.
iii. It rules the monarch and can decide its fortune and acts.

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 Course Instructor: Saba Alam SOL| School of Law
Subject: UK Constitution LL.B-III (5 Years)

iv. It can prohibit the King to marry a woman of his choice.

v. It can change the hereditary rule of throne by just one simple act.
vi. It can abolish monarchy, abolish House of Lords and distribute Powers to its Citizens.
vii. It can do anything, except make a man a woman and conversely.
16. Nature of Conventions:

Conventions are deeply rooted in the British Constitution. There are many conventions
which are only known to the Cabinet, Judiciary and Parliament. These form the excessive
unwritten part and being an important feature are also a major source of Constitution.

i. Prime Minister is chosen from House of Commons.

ii. Queen must give her assent to all the bills passed by Parliament.
iii. House of Lords benches are red, while House of Commons benches are Green.
17. Difference Between Theory & Practice:

This is another significant feature of British Constitution. Theory states that no Law is
effective without the Assent of Queen, while in practice, Queen must sign all the bills
presented to her.

According to Ogg:

“The Government in UK is in ultimate theory an absolute Monarchy, in form a limited

constitutional Monarchy and in actual character a Democratic Republic.”

The King in theory has all the powers and can exercise them but in reality he is a mere
signatory figure. He works on the advice of Prime Minister.

As Walter Bagehot quotes, “The British Queen reigns but does not rule.”

CONCLUSION: