Constitution

Law-I (UK)
WEEK-2
INTRODUCTION
England, Wales, Scotland, and Northern Ireland make up the United Kingdom of Great
Britain and Northern Ireland, which is a constitutional monarchy with a parliamentary
system of government.

The written and unwritten procedures that establish the United Kingdom of Great Britain
and Northern Ireland as a political body are referred to as the British constitution.
Sources of the British Constitution

The United Kingdom’s constitution is made up of character and statute, as well as judicial
decisions, common law, precedents, customs, and traditions.
There are thousands of documents, not just one.
The British Constitution can be found in a variety of places. The UK constitution’s sources
include both law and other less formal documents that have no legal force.
Acts of Parliament, court cases, and conventions in the way the government, Parliament,
and the monarch act are the key sources of constitutional law.
Historical constitutional
documents

The history of the United Kingdom constitution dates back to a time before the four nations
of England, Scotland, Wales, and Ireland were fully created.
Great charters and treaties, which define and limit the Crown’s power and citizens’ rights,
are the earliest source of the British Constitution.
Some of the historical constitutional documents are mentioned hereunder:
Historical constitutional
documents

Magna Carta (1215)

The Magna Carta, or “Great Charter,” was undoubtedly the most influential historical
document among other influences, on the long historical process that led to the rule of
constitutional law in the UK today.
After King John of England broke a number of old rules and practises that had controlled
England, his subjects forced him to sign the Magna Carta, which enumerates what would
later be known as human rights.
The right of the church to be free from government intervention, the rights of all free
citizens to own and inherit property and be protected from exorbitant taxes.
Historical constitutional
documents

Magna Carta’s role as a source of liberty has long been recognised.

One of the fundamental stipulations of the 1215 Charter was that no one should be
imprisoned without first going through the legal system.
This also introduced the concept of a jury trial. ‘No free man shall be seized, imprisoned,
exiled, or in any manner ruined… except by the lawful judgement of his peers or by the law
of the realm.
This successfully established the rule of law notion, which protects people from arbitrary
punishment.
 Historical constitutional documents

◦ Petition of Right (1628)

The Petition of Right, passed on June 7, 1628, was an important document in English
history that set out clear protections for individuals against the power of the king. It
is considered as significant as other major documents like the Magna Carta and the
Bill of Rights of 1689.
At the time, there was a big conflict between the English Parliament and King
Charles I, which eventually led to the Wars of the Three Kingdoms (1638-1651).
These conflicts over the rights of Parliament and the monarchy’s power were
eventually resolved with the Glorious Revolution in 1688.
By agreeing to the Petition of Right, King Charles I accepted some limitations on his
power. The petition objected to things like:
- Taxes that the king tried to impose without Parliament’s approval,
- Imprisoning people without just cause,
- Misuse of the military.
The Petition of Right was an important step in the development of individual rights
and limiting the authority of the monarchy in England.
Historical constitutional
documents

Bill of Rights (1689)

The Bill of Rights of 1689 is an important document in English history. It was created by the English
Parliament and has been kept there since it was written.
This document set up important ideas, like:
- Parliament should meet regularly,
- Elections should be free,
- Members of Parliament should have freedom of speech (called Parliamentary Privilege).
The main principles of the Bill of Rights are still respected today and are often referred to in court
cases in the UK and other Commonwealth countries.
It occupies a central position in a larger national historical narrative of papers that established
Parliament’s rights and established universal civil liberties, beginning with the Magna Carta in 1215.
Historical constitutional
documents

Act of Settlement (1701)

The Act of Settlement of 1701 was created to ensure that only Protestant rulers could
inherit the English throne. It also aimed to protect and strengthen the parliamentary system
of government, ensuring that Parliament would continue to have an important role in
governing the country.
 SALIENT FEATURES
The British Constitution is not a completely codified one, certain rules, acts, conventions, and
regulations are considered constitutional documents.
These documents determine the working of the country and impart certain features to this
‘unwritten’ constitution. Some of the most significant features are listed in the following
sections:
UNWRITTEN CONSTITUTION
There is no documented, accurate, and compact document that can be referred to as the
British constitution. The fundamental reason for this is that it is founded on customs and
political traditions that are not codified in any text.
 Historical Documents, Parliamentary Statutes, Judicial Decisions, and Constitutional
Characters, such as the Magna Carta (1215), Petition of Rights (1628), Bill of Rights (1689).
SALIENT FEATURES
The British Constitution keeps evolving with time
The British constitution is an example of how things have evolved over time.
There was no presence of a constituent assembly to frame the British Constitution like the one that
framed the Pakistan constitution.
This nature is due to the fact that it is the result of slow growth and evolution.
A particular date of its creation cannot be provided, and no one group of people can claim to be its
authors.
 It has had a continuous evolution for over a thousand years.
 It has a variety of sources, and its evolution has been influenced by both accidents and high-level
designs.
 The British Constitution is said to be the result of both wisdom and social circumstances. It has had a
continuous evolution and reforms for over a thousand years.
SALIENT FEATURES
British Constitution is flexible
One of the most obvious features of an unwritten constitution is the flexibility that comes
with the uncodified structure, which might be considered a merit and demerit at the same
time.
A typical example of a flexible constitution is the British constitution.
 Because no distinction is established between constitutional legislation and ordinary law, it
can be passed, changed, and repealed by a simple majority of Parliament.
Both are treated the same way. The virtue of adaptation and adjustability has long been
associated with the flexibility factor in the British constitution. This trait has allowed it to
adapt to changing circumstances. However, amendments to the Pakistan Constitution are
approved only after a mind-numbing process.
SALIENT FEATURES
British Constitution has a unitary character
The British constitution is different from a federal one because it is unitary, meaning that power is
centralized in one government.
Key points:
- The British Parliament has full control and is the highest authority, with the government departments
answerable to it.
- The UK has only one main law-making body (Parliament).
- The UK, including places like England, Scotland, and Wales, is divided into areas for managing the
government but not into completely independent political units.
- Instead of using a federal system like the United States, where power is shared between the central
government and states, the UK follows "devolution." This means that Parliament gradually gives more power
to regions but can still take it back, unlike in federalism, where regions have certain powers guaranteed by
the constitution.
SALIENT FEATURES
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.
SALIENT FEATURES
British Constitution promotes a Sovereign Parliament
Parliamentary sovereignty is a key aspect of the British constitution.
Parliamentary sovereignty refers to the fact that parliament is superior to the executive and judicial
spheres of the government and so has the power to adopt or repeal any law.
Parliament is the sole legislative body in the country with unrestricted legislative powers, allowing it
to enact, amend, and abolish any law it sees fit.
The most direct way for courts to challenge whether laws passed by the British Parliament are legal
is by reviewing and questioning them in court..
The parliament can even alter the constitution on its own authority as if it were ordinary law.
It has the power to make what is legal, illegal and legalise what is illegal. Parliament became
sovereign as a result of a series of power battles involving the king, the church, the courts, and the
people throughout history.
 SALIENT FEATURES
British Constitution upholds the Rule of Law
Modern legal systems, like the United Kingdom’s, see the rule of law as a fundamental premise.
This prevents the Executive from acting arbitrarily.
It ensures that the law is applied equally to everyone ("equality before the law") and supports the idea that
Parliament has the highest authority, all within a system where the monarchy exists but has limited power.
The main role of the courts is to protect and enforce the rule of law. The principles of the rule of law are:
In the eyes of the law, everyone is equal, regardless of their position or rank.
This theory emphasizes that the law, not any individual, is supreme.
No one can be detained or imprisoned without a fair and adequate trial by a competent court of
law.
 A person cannot be punished or deprived of his or her life, liberty, or property unless there has been a
specific breach of law proven in a regular court of law through a regular procedure.
SALIENT FEATURES
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 favour. The same
approach has been taken in Pakistan, where judicial independence is regarded as an
unambiguous component of the Constitution.