BRITISH CONSTITUTION – SALIENT FEATURES

This article put light on the discussion about essential characteristics and the salient features of the UK Constitution.

 

1. INTRODUCTION

 

The United Kingdom of Great Britain and Northern Ireland, a constitutional monarchy with a parliamentary form of government, is made up of England, Wales, Scotland, and Northern Ireland. The British constitution refers to the written and unwritten rules that establish the United Kingdom of Great Britain and Northern Ireland as a political entity. It is frequently said that the constitution of the United Kingdom is "unwritten." Since it is mostly written but in a various document. It hasn't, however, ever been written down or collected into a single document. Compared to most other nations with written constitutions, the United Kingdom is unique in this regard.

 

2. A BRIEF HISTORY OF THE BRITISH CONSTITUTION

 

The origins of the British Constitution can be traced back to 1215, when the barons of England forced the king to accept the Magna Carta Charter, which curtailed the king's authority and made him subject to the laws of the land. From the Magna Carta to the Bill of Rights in 1689 to the Act of Settlement in 1701 to the Treaty and Acts of Union in 1706–1707 to the Act of Union in 1800 to the Parliament Acts of 1911 and 1949 to the European Communities Act in 1972 to the Human Rights Act in 1998 to the House of Lords Act in 1999 to the European Union (Withdrawn) Act in 2018, it has undergone continuous evolution and reform.

 

Since the sign of Magna Carta many legislative enactments and unwritten rules, which governed the people, took place. These legislative enactments, unwritten rules, judicial precedents, conventions, and treaties are that we refer to as the British Constitution.

 

3. SALIENT FEATURES OF THE UK CONSTITUTION

 

Even though the British Constitution is not entirely codified, certain rules, acts, conventions, and regulations are regarded as being part of it. These documents demonstrate how the country works and give this "unwritten" constitution specific characteristics. Some of the most significant features of the British Constitution are as listed in the following sections:

 

1. Unwritten Constitution: 

 

The unwritten form of the British Constitution is one of its key feature. As there is no codified or written constitution in Britain, it is unwritten. Acts of parliament, court rulings, conventions, and treaties make up Britain's constitution.

 

2. Parliamentary Supremacy: 

 

In the United Kingdom, the Parliament is supreme, in contrast to the United States, where the Constitution is supreme. The supremacy of the legislative branch of government is a feature of parliamentary sovereignty.

 

It implies that the constitution grants the legislature or parliament unrestrained power. Here, the people are the sovereign and final authority but the parliament has unlimited authority to enact and repeal any law with regard to any issue in the nation. The Parliament has unlimited power and can do whatever it wants. This unlimited powers of the parliament account for its supremacy in the United Kingdom.

 

In the United Kingdom, Parliament possesses overriding power over the Judiciary.

 

Thought UK Parliament having power to make law as they desire but it cannot be happened that such laws cannot be altered or changed by another future Parliament.

 

3. Flexibility: 

 

The British Constitution is a flexible Constitution as it can be easily be amended. A simple majority of the parliament is required to approve any changes to the Constitution or to repeal it. Instances of the British Constitution's flexibility over time include the abolishment of laws like the Statute of Westminster 1275 and the United Kingdom Acts of Parliament.

 

4. Unitary System of Government: 

 

A unitary system of government is one in which the central government retains all authority, with the local governments merely existing at the mercy of the central government. The central government may establish or abolish any constituent unit as it deems necessary. fit, and it may grant any constituent unit with any authority if deems necessary

 

A Unitary state where there has single handed responsibility also has a common military, police, currency, etc and does not share or devolve powers to constituent bodies. In fact, any newly established constituent units are not on a equal level with federal government and have no real authority to impose anything under its control.

 

The Unitary system of government is established in the UK Constitution. In the UK, all authority is concentrated at the central government, which only grants subordinate units the authority that the Central Government deems appropriate. Since there is no other legislature besides the central one, it is only the central government that enacts laws for the entire nation.

 

5. Cabinet System of Government: 

 

The Cabinet System of Government is established by the British Constitution. A cabinet system of government is that system of governmental administration in which the executive and legislative body are combined. There is a amalgamation of these two bodies of the government, such that the executive body is picked from the parliament.

 

In the cabinet system of government, the Prime Minister is the Head of Government and also serves as the head of the majority or ruling party.  The Prime Minister being the Head of Government, heads the executive body of government and is also the leader of the legislature as he also comes from the elected parliamentarians. The Head of State, however, is not the Prime Minister.

 

The existence of collective responsibility is a key characteristic of the cabinet system of government. Government ministers are collectively accountable to the electorate rather than individually to the electorate.

 

In this type of government, it is considered that the failure of one of the ministers is seen as the failure of the entire government which may see to the resignation of the entire cabinet. This was demonstrated by the recent resignation of the former British prime minister at the at the exit of UK from the European Union in 2020.

 

6. Constitutional Monarchy: 

 

The recognition of a Constitutional Monarch is one of the key features of the British Constitution. Although the British Monarch is the Head of State, the elected parliament has the power to enact laws, not the monarch.

 

The British Monarch had absolute power. However, this was limited by the Act of Settlement of 1701 and the Bill of Rights Act of 1689, which were passed following the Glorious Revolution of 1688. Thus, the Constitution restricted the British Monarch's role to specific governmental functions. The Parliament enacts legislation and allots funds for the Palace's upkeep.

 

The Monarch is thus recognized by the Constitution as the state's sovereign symbol and performs ceremonial duties without having any real political influence over the government.

 

7. The Rule of Law: 

 

Rule of Law is the one of principles deeply entrenched in the Constitution of the United Kingdom. In ensure the strengthening of the rule of law, this principle promotes the independence of the judiciary. While the parliament has the authority to pass laws, this authority is limited if the laws it passes conflict with the provisions of the Human Rights Act of 1998, the Universal Declaration of Human Rights, or other international covenants.

 

The Higher Court has the authority to review any such Act of Parliament that conflicts with these laws because they have over time been part of the Constitution. The Parliament agrees that the Higher Court may actually look into the legality of the laws if they violate citizens' rights.

 

4. CONCLUSION

 

The United Kingdom’s Constitution due to its lack of codification it faces constant flux. Above mentioned features of the British Constitution show it’s basic characteristics compare to constitution of other countries. As a result, the British constitution is always changing, albeit slowly and often subtly.