SALIENT FEATURES

OF
BRITISH CONSTITUTION
BY- DEEPANSHI RAWAT
ANSHIKA KASANA
SNEHA BHATI
KAJAL BHATI
 Introduction
◦ The British Constitution is the fundamental framework of laws, principles, conventions, and traditions that
govern the United Kingdom. Unlike many other countries, the UK does not have a single written document
known as a "constitution." Instead, its constitution is a combination of various sources, including common law,
historical documents, and significant legal decisions.
◦ At its core, the British Constitution establishes the structure of the government and defines the distribution of
powers among its branches. The key components of the constitution include the Monarchy, Parliament, the Prime
Minister and Cabinet, the judiciary, and various constitutional conventions.
◦ The Monarchy, represented by the monarch, serves as the ceremonial head of state with limited powers and a
largely symbolic role. The monarch's functions are balanced by the government, which is primarily led by the
elected officials in Parliament.
◦ Parliament plays a central role in the British Constitution. It consists of two houses: the House of Commons and
the House of Lords. The House of Commons is comprised of Members of Parliament (MPs) who are elected by
the citizens during general elections. The House of Lords, on the other hand, consists of appointed members,
including life peers, and hereditary peers , etc.
 SALIENT FEATURES
OF
BRITISH CONSTITUTION
 The British Constitution
is Evolutionary
◦ The first feature of the British Constitution is that it
is evolutionary, which means it has developed and
changed over a very long time. Instead of being
created all at once, like some other countries'
constitutions, the British Constitution has evolved
gradually through history. It started hundreds of
years ago when kings and queens had a lot of
power, but as time went on, people demanded more
rights and freedoms. Through battles, protests, and
negotiations, the power of the monarchs decreased,
and the rights of ordinary people increased.
◦ Laws were passed, important documents were
written, and new institutions were created. All these
changes shaped the British Constitution into what it
is today – a system that values democracy,
freedom, and fairness for all citizens.
The British
Constitution is
Flexible
◦ The second important feature of the British
Constitution is its flexibility. Flexibility means it
can be adapted and changed when needed,
without too much difficulty. Unlike some other
countries with rigid constitutions that are hard to
amend, the British Constitution can be updated
and modified through simple laws passed by the
Parliament. This makes it easier for the country
to respond to new challenges and circumstances.
For example, if a law is not working well or
needs improvement, the Parliament can make
changes to it. This adaptability helps the British
Constitution stay relevant and keeps it in tune
with the needs and values of the people.
The British Constitution
is unwritten
◦ The British Constitution is often called "unwritten" because it
doesn't exist as a single, formal document like many other countries'
constitutions. Instead, it's made up of various rules, laws, customs,
and traditions that have developed over a long time.
◦ These rules and practices are not written down in one specific place,
but they are found in different places, like statutes (laws passed by
Parliament), court decisions, historical documents, and traditions.
They all work together to govern how the UK is run and how power
is distributed among its institutions.
◦ The British Constitution is like a puzzle, with each piece
representing a different aspect of how the country is governed. It
may seem unusual compared to countries with written constitutions,
but it has evolved over centuries and has adapted to the changing
needs of the nation. This flexibility allows the UK to adjust its
system of government as society progresses and new challenges
arise.
Sovereignty of the British Parliament
Another salient feature of the British Constitution is that the
British Parliament is a sovereign parliament. It has the power to
make any law on any subject for all the people and places of
Britain. Laws passed by the Parliament cannot be rejected or set
aside by the King or the courts. The King's veto has become
obsolete and the courts have no power to determine the validity
of parliamentary statutes. The laws made by the British
Parliament can be changed or ended only by the Parliament
itself. British Constitution can be amended only by the British
Parliament and that too by a simple majority. It is both a
legislature and a constituent assembly rolled into one. It has the
final power to make laws and to change the British Constitution
at will. Legally, there are no limits upon the Parliament's law-
making and constituent powers.
Bicameral Parliament
Bicameralism had its origin in England. The division
of the British Parliament into two houses, the House
of Lords and the House of Commons, took place in
the 14th century as a result of division among the
representatives of the Nobility in which the higher
nobility joined hands with the clergy to form the
House of Lords and the lower nobility and the
commonality combined to form the House of
Commons. Since that time, the British Parliament
has continued to be a bicameral legislature.
 British Constitution has a
Unitary Character
◦ In contrast to a federal constitution, the British constitution is
unitary in character. The British Parliament, which is a
sovereign body, has complete control over the administration. It
is subservient to the executive organs of the state, which have
delegated powers and are accountable to it. There is just one
legislature in the United States unlike in the UK. England,
Scotland, Wales, and the rest of the United Kingdom are
composed of administrative, rather than political autonomous
units. Instead of adopting a federal model like the United States,
the United Kingdom uses a devolutionary system in which
political power is gradually decentralized. Devolution differs
from federalism in the aspect that, unlike federalism, in
devolution, regions are not guaranteed constitutional powers.
Anshika Kasana
 British Constitution Promotes
a Parliamentary Executive

◦ The United Kingdom is governed by a Parliamentary

system. All of the King’s powers and authority have
been taken away from him. Ministers who belong to
the majority party in Parliament and continue in office
as long as their party’s trust in them is maintained are
the true functionaries.
◦ Acts and policies of the Prime Minister and his
ministers are accountable to the legislature. The
executive and legislative branches of government are
not separated in this system, as they are in the
Presidential form of government.

Anshika Kasana
British Constitution prescribes an Independent Judiciary

◦ The Rule of Law in the United Kingdom is

protected by the fact that judges can only be
removed from office for significant misconduct
and only after a procedure that requires the
approval of both Houses of Parliament.
◦ As a result, the judges are free to make their
decisions without fear or favor. The same
approach has been taken in India, where
judicial independence is regarded as an
unambiguous component of the Constitution.
 Rule Of Law
o Rule of Law is another distinctive feature of the British Constitution. It is the
bedrock of the rights and liberties enjoyed by the people of England. There is no
formal bill of rights in the British Constitution and yet people enjoy all such rights
and liberties which are enjoyed by the citizens of every democratic state. The credit
for this goes to the concept of the Rule of Law which stands for, the absence of
wide discretionary and arbitrary powers, predominance of regular law, equality
before law, and equal protection of rights and liberties of all under the common law
of the land.
o The Rule of Law makes it certain that people, whether ordinary citizens or civil
servants are free to do whatever they like so long as they do not break any law. "No
one is punished except for a distinct breach of the law as proved in the common law
courts." Arbitrary arrests and punishments cannot be inflicted upon anyone. All are
equal before the law. No one is above or beyond the law. F.A. Hayete has rightly
observed that the rule of law means: "Government in all its actions is bound by
rules, fixed and announced beforehand, rules which make it possible to foresee with
factor certainty how the authority will use its concise powers in given
circumstances and plan one's individual affairs on the basis of this knowledge.
Anshika Kasana
A large number of Conventions
◦ The British Constitution is characterized by a significant number of conventions that play a
vital role in its functioning. Conventions are unwritten practices and customs that have evolved
over time and are considered essential for maintaining the balance of power and the smooth
operation of the constitutional system. While not legally enforceable, conventions are upheld
out of tradition, respect for the constitutional order, and political necessity.
◦ Some key conventions include the requirement for the Prime Minister to be a Member of
Parliament, the resignation of the government if it loses a vote of no confidence in the House of
Commons, and the understanding that the monarch acts on the advice of ministers. Other
conventions relate to the functioning of Parliament, the role of the judiciary, and the
relationship between the central government and devolved administrations.
◦ Conventions are flexible and adapt to changing political and social circumstances. They fill
gaps in the unwritten constitution, providing guidelines for resolving constitutional issues that
are not explicitly addressed by written laws. While they might lack the rigidity of formal legal
rules, conventions are no less crucial in maintaining the stability and continuity of the British
constitutional system.

Anshika Kasana
Liberal Democratic Political System
Britain has a liberal political system. The struggle for power is open. All citizens of 18 years or
more of age have the right to vote and if more than 21 years, the right to contest elections.
Political parties directly and freely participate in the struggle for power. The political power is
shared by the people through their political parties. A well-organised system of parties and
pressure groups remains actively involved in the struggle for power. The right to vote, contest
elections, crticise the government, free expression of public opinion, the right to form and work
political associations, and orderly transfer of power from one political party to the other whenever
the people may so decide, are its hall-marks.
 Bi-party System

The British political system is characterised by a bi-party

system. There are several political parties in England but only
two parties are real contenders for power. Initially, these two
parties were the Conservative Party and the Liberal Party. At
present the two main political parties of England are:
◦ Conservative Party and
◦ the Labour Party are the
◦ The political power has been, since 1945, in the hands, of
either of these two parties.
Organised Opposition
Another salient feature of the British system of government is the existence of an organised opposition.
The bi-party system has made it possible for the British to have an organised opposition continuously. In
the elections, one party gets the majority and assumes the reigns of power,while the other, which gets a
minority of seats, assumes the role of the opposition. The leader of the majority party becomes the Prime
Minister and organises his ministry with some of the elected representatives of his party. The leader of the
opposition gets a constitutional recognition, an office and a salary, and he organises his ‘Shadow Cabinet’
consisting of some of the elected representatives of his party. The Cabinet runs the administration, the
‘Shadow Cabinet’ takes up the role of criticising the policies and activities of the Cabinet. The game of
politics between the majority party and the minority party is played in an organised manner and in
accordance with rules based on conventions. The leader of the Opposition is always respected as an
alternative prime minister.
References
◦ https://www.surendranatheveningcollege.com/wp-content/uploads/2020/04/British-Political-Systems-Sali
ent-Features.pdf
◦ UOLLB First Class Law Notes https://uollb.com
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