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Wednesday, December 12, 2012

Discuss the salient features of British Constitution.

Q 1: Discuss the salient features of British Constitution(1999).

“The English Constitution has made a great circuit of the globe and has become a common possession of civilized man”. (G. B Adams)
A Constitution means certain principles on which the Government of the State is organized and which determines the relations between the people and the Government the Constitution of U.K is unique in nature and has provided inspiration for a number of other constitutions in the world.
2.Salient Features of U.K Constitution:
Following are the salient features of the U.K Constitution.
I. Unwritten:
The British Constitution is unwritten in nature but it does not imply that all of its parts are unwritten. It means that it has not been reduced to writing in a single document. Some of the components are found in written from. Such as the Reform Act, 1832, the Parliament Act of 1911 etc.
II. Evolution Growth:
British Constitution is a result of an evolutionary growth. Constitution efforts as well as needs of time shaped its spontaneous growth.
III. Flexible Constitution:
British Constitution is a flexible Constitution and parliament can amend it like alterations in the statutory laws by a simple majority.
IV. Unitary:
British has unitary constitution. 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 British.
V. Bicameralism:
The Parliament consists of two chambers House of Lords and House of Commons. The House of commons is a popular chamber whose member directly elected by the people while the house of lords is basically a hereditary chamber and its member are nominated by the Queen.
VI. Supremacy Of The Parliament:
In U.K, Parliament has complete Supremacy or sovereignty. No law enacted by the parliament can be challenged in the court on the plea that is against the constitution.
According To De Loeme:
“British Parliament can do everything except to make a man into a woman”.
VII. Constitution Monarchy:
From Constitution point of view, the crown is the repository of the entire Government of authority in British.
VIII. Contrast In Theory And Practice:
There is sharp contrast between theory and practice in U.K. As ogg points out that “theoretically, British Government is absolute monarch, its government from signifies constitution monarchy while in practice, the Government structure is closer to republican from.
IX. Collective Responsibility:
Ministers must stand together and they cannot oppose the government policy every minister is also individually responsible to the House of Commons and the crown.
X. Limited Separation Of Power:
In British, there is limited Separation of power. There is concentration of political powers in the parliament while the cabinet which exercise executive power is just a committee of the parliament. Nevertheless many safeguards have been provided especially under Act of Settlement of 1701 to secure the independence of judiciary from under influence on the part of other two branches on the Government.
XI. Independence Of Judiciary:
Necessary safeguards have been provided against all sorts of interference in judicial process. Judges are paid liberal salaries and ensured security security of service.
XII. Rule Of Law:
U.K Constitution provides rule of law. The principle of rule of law may be defined as that none of the person in above or below the law. All the persons are equal in the eyes of law. F any person violates the law, he should face the trial of the case in the Government and no person is given imprisonment until his offence is proved in the court.
XIII. Fundamental Rights:
Fundamental rights of the citizens have not been incorporated in the from of a list in the English Constitution. Constitution law is not the creator but a product of fundamental rights, which have been recognized from time to time by the Courts.
Conventions play a vital role in the British political system. A government is formed and removed on the basis of convention. As Prof. Smith says that the conventions are main living source behind the Constitution.
XV. Two Party System:
Two party system is flourished in British right from the beginning of the parliamentary period. Before the emergence of the present labour party in the second decay of the present century, the fight was between the conservatives and the Liberal party, but now the liberal party has lost its political significance.
XVI: Universal Adult Sufferage:
Every individual of the age of 18 has the right to vote.
XVII. Mixed Constitution:
The British Constitution is a mixture of the monarchical, aristocratic and democratic principal.
XVIII. Conservativeness :
The British Constitution is a symbol of Conservativeness. The trend of the people of U.K is absolutely n favour of old institutions and this concept is existence of conservatism.
XIX. Establishment Of Local Government Institutions:
The existence of local Government in U.K. Constitution is another comprehensive feature of the Constitution. Local Government institution are symbols of the civil liberties and freedom of the people.
XX. Unreality:
Another characteristic of the English Constitution is its unreality. It has righty been pointed out that nothing in it is what seems or seems what it.
3. Conclusion:
To conclude, I can say, that U.K. Constitution in neither absolutely unwritten nor absolutely written. It is a combination of both and has made a circuit for the globe and has become the common possession of civilized man.

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