Q.No.1. Growth of parliamentary democracy in Britain.




Introduction:


There can be no state without a constitution. The constitution consists of those fundamental rules which determine and distribute functions and powers among the various organs of the government and determine the relations of the governing authority with the people. The constitutions are mostly written, the British constitution being the only exception which is unwritten .

The French writer De Tocqueville once remarked that:
“England has no constitution.”
Because he did not find it in a written form. But despite all this, the British constitution is a chief model for all the countries.




Factors which led to the growth of parliamentary democracy in Britain:



A: In England troubles of the kings led to the strengthening of parliamentary democracy.

Example(1): John, a weak king , was compelled to agree to Magna Karta (1215) a charter of feudal liberties and which also provided for immunity from arbitrary acts of the kings.

Example (2): During the 17th century, the growing commercial community opposed the Royal Taxes and claimed provisions rights for the parliament.



B: Absence of pressure from strong rulers led to the development of political institutions steadily.

Example: William Embay who was brought from Holland to assume throne in Britain acknowledged the authority of parliament in the bill of rights (1689).



C: Personal weaknesses of the successors of William Embay allowed the parliament to become established as the chief governing power.

Example (1): Queen Ann was not ambitious.

Example (2): Hanoverians, who were brought from Germany to rule over Britain in 1714, were at first ignorant of the English language and then they were uninterested in the British affairs.

Example (3): George 1st seldom attended the cabinet meetings and shied away from public business.



D: The glorious revolution of 1688 also played a very important role in the transition from absolute monarchy to democratic government.



E: The industrial revolution of the 1760’s also contributed to the transition from monarchy to parliamentary democracy in England because after this there was a growing population with increasing number of mouths to feed. To full fill the needs industrial revolution was initiated. As a consequence technical know-how was needed in the process of production. This, in turn, needed education. Education brought political awareness in the masses and they began to question the absolute authority of the kings.




F: The French revolution of 1789 with its slogan of “Liberty, equality and fraternity” also played a role in this respect.



G: The transition from absolute monarchy to parliamentary government was further speeded up by the theory of popular rights.



H: colonialism and imperialism also contributed in the process of transition.



I: After the Industrial revolution a new class of people emerged, which were the industrial labor. At that time these were not satisfied with the conditions under which they had to work. They used to strike and walk out regularly. This further strengthened the desire for popular government.




Conclusion:

We study the British system of government because it is the pioneer of parliamentary democracy in the world. The transition from absolute monarchy to parliamentary democracy was allowed by the kings. In fact, it was the result of the efforts of British people.
During the whole process of transition three elements were involved i.e. the king, the parliament and the masse, and all three played a very positive role.
Another important thing about this process of transition was that it was very peaceful. The British system exhibited a strong ability to adopt itself to the changing needs of the time. This has enabled the British system to survive through the changing times.

Introduction.



There can be no state without a constitution. A constitution consists of those fundamental rules which determine and distribute functions and powers among the various organs of the government as well as determine the relations of the governing authorities with the people.

The Britain has led the modern world in the development of civil rights and modern constitutions. Since the 17th century, British have been the chief model of representative government. The British government was a model for people everywhere seeking political modernization. It has unique ability to adopt without violence. In the modern times, the British have been extraordinary able to adopt their political institutions to new needs and new ideas within a framework of legality.



Salient Features of the British constitution:


Following are the salient features of the British constitution:



1.Unwritten constitution: (partly written as well)

The British constitution is unwritten because it is not derived from a single source. The French writer De Tocqueville once remarked that: “England has no constitution.”
British constitution is a mixture of charters, statutes, judicial decisions, common law, usages or traditions, customs, conventions, precedents etc. The first constitutional document was the Magna Karta of 1215, then the bill of rights 1689, then the parliament Acts of 1911, 1949 etc. The British constitution was not framed at a single time. It is still in the process of growth.


2.Evolutionary constitution:

The British constitution has developed through a process of gradual evolution. It is still going through the process of growth. It was not framed by a person or a king for his own advantage. The British people have developed their constitution from precedent to precedent and from past experience of law and practice.


3.Flexibility of the constitution:

one of the most important features of the British constitution is its flexibility. This means that it can be amended by the parliament. In England there is no difference between the ordinary law and the constitutional law. The British constitution is different from that of America’s or Pakistan’s. In America or Pakistan his constitution is considered to be a supreme document in which amendment is very rare. The England’s constitution is always under the process of growth.



4.Unitary constitution:

The England’s constitution is a unitary constitution. All the powers of the state are concentrated in the hands of a single government for the whole country. All the local governments are the servants of the central authority which has created them and can dissolve them also.



5.Its unreality:

one of the unique features of the British constitution is what is called its unreality. There is a great difference in its appearance and its reality. In other words there is a great divergence in its theory. It is an absolute monarchy while in reality it is a democratic state ruled by a parliament elected by the people.



6.Its organic nature:

The nature of the British constitution is organic. It is constantly growing. There is much in it which remains the same and there is much also which changes according to the needs of the time. It is continually developing. Thus, an improvement will always occur in the British constitution after some time and a new constitutional document will be added afterwards. The change from monarchical system to parliamentary democracy is an example of its organic nature.



7.Parliament’s sovereignty:

Parliament is sovereign. The British parliament can do everything except making man a woman and vice-versa. The sovereignty of the parliament is a source of flexibility of the constitution. Bagehot remarked that the English parliament can abolish monarchy and establish republic in the country.


8.Party System:

The British political system has been working successfully due to the existence of two major parties. In England the existence of two major parties has contributed to the strengthening of political traditions. When one party forms the government the other sits in opposition. The party in power always looks after the interest of the opposition party because they know that if today they are in opposition, tomorrow they can be in power.


9.Nature of conventions:

Another very important feature of the British constitution is the existence of a large number of conventions in it. No one can understand this constitution properly without studying these conventions carefully. These are a part of the constitution but they are not laws, because as such these conventions cannot be enforced by the courts. They are well known to all those who run the government.

Examples of the conventions:

 The Prime Minister must sit in the House of Commons
 Parliament must meet at least once in a year



10.Rule of law:


One of the parliament feature of the British constitution is the Rule of law. It has two basic meanings:
 “In England no man can be made to suffer punishment or to pay damages for a conduct not definitely forbidden by law”
 In England no person is above the law. No one can break the law with impunity.



11.Independence of Judiciary:

The British constitution I based on the principle of independence of judiciary. Since the year 1700 this principle has been a fundamental principle of the English constitution. Although the judiciary is no doubt independent in Britain but the right of judicial review is not granted.



12.Bicameral legislature:

According to the constitution the British parliament consists of two houses ----The House of Commons (lower house) and the House of Lords (upper house). Thus, the kind of legislation in Britain is Bi-cameral.


13.A blend of Monarchy Aristocracy and Democracy:

The British constitution is a unique blend of monarchy, aristocracy and democracy.
Monarchy---- due to the existence of queen and king
Aristocracy---- House of Lords
Democracy--- Britain is now a democratic state run by a parliament elected by the people.



Conclusion:

The above study brings forth a unique feature of the British constitution that not only the constitution is revolutionary but the evolution is still continuing. There are a large number of conventions in the British constitution which are respected like laws. Thus, on the whole the British Government has shown a unique ability to adopt itself to the changing circumstances.

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Introduction.



“The British constitution is the child of wisdom and chance.”
There can be no state without a constitution. The constitution consists of fundamental rules which determine and distribute functions and powers among the various organs of the government as well as determine the relations of governing authorities with the people. Most of the modern constitutions are written, the British constitution is the only constitution which is unwritten.


Lord Bryce wrote:

“British constitution works by understanding which no writer can formulate. “


French writer De Tocqueville once remarked:

“England has no constitution,” Because he did not found it in a written form. But the British constitution is the chief model for all the countries. It has shown a unique ability to adopt without violence.



Sources:

The sources of the British constitution can be divided into two parts:

 The laws of the constitution

 The conventions of the constitution



A) The laws of the constitution:

The laws of the constitution are based on the written documents. These include Historic documents, acts of the parliament, judicial decisions and common laws.


1. The Historic constitutional documents

The historic constitutional documents form a very important source of the British constitution. The importance of these documents can be judged from the fact that the transition process from absolute monarchy to constitutional government in Britain was triggered by these elements e.g.:

 Magna carta (1215)

 The petition of rights (1628)

 The bill of rights (1689) etc.



2. The acts of the parliament:

The laws made by the parliament from time to time have also contributed and furthered the transition to constitutional government in Britain e.g.

 The act of Habeas corpus (1679)
 The act of settlement ( 1701)
 Reform acts of ( 1832,1867,1884,1918,1928)
 Acts of parliament ( 1911, 1949)
 Indian independence act of 1947 etc.


3. Judicial decisions:

These are also important sources of the British constitution. Judicial decisions explain and interpret the rules and statutes passed by the parliament. Here it is to be noted that these rules cannot be challenged by any court in Britain.



4. Common law:

Common laws are also a very important source of British constitution. Especially these relating to the liberty of the subjects i.e. many basic rights of the people e.g. jury trial, freedom of speech and assembly are based on common law as practiced by various courts in the country.



B) The conventions of the constitution:

The conventions are not recognized or enforced by any court. These are highly respected by the British electorate and leadership. The conventions of the British constitution are actually of unwritten character. They form an important part of the constitution. They are important because they have enabled the British political system to adopt itself to the changing needs of the time. Some of these conventions are:

1. The British monarch cannot veto the bills passed by the parliament.

2. The sovereign invites the leader of the majority party in the House of
Commons to form the cabinet.

3. The Prime Minister and Finance Minister both are taken from the House of commons

4. The money bills originate in the House of Commons.

5. The cabinet remains in power as long as it enjoys the confidence of the majority party in the House of Commons, otherwise it has to resign.

6. All the civil servants are tried in the same court like any other citizen ( Rule of Law)



Conclusion:

Professor Munro writes:

“The British constitution is not to be found in a definite and precise document. It is a complex amalgam of institutions. It is a complex compendium of charters, statutes, decisions, precedents, usages and traditions. Some of them are living only in the understanding of the people.”


Thus the study of the sources of the British constitution reveals the fact that if on one hand it consists of laws which are written, it also has an unwritten part in the shape of conventions. Two factors that have definitely contributed to the ability of the British constitution to adopt itself to the changing needs of the time are

 Its evolutionary nature

 The conventions of the constitution

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Introduction.


“The British constitution is the child of wisdom and chance.” There exist a large number of conventions or usages and customs in the British constitution. These conventions are not recognized or enforced by the courts. These conventions are actually the unwritten part of the British constitution. They form a very important part of the constitution. Most of the work of the British government system depends upon the conventions rather than laws, statutes and judicial decisions.

Lord Bryce says:

“British constitution works by understanding which no writer can formulate. “
Definition

Conventions are:

“Those customs and understandings by which the rulers or the members of the British government exercise the discretionary powers of the executive.”

Ogg defines them as:
“ They are the customs, habits , usages or practices by their sole authority regulate a large portion of the actual day-to-day relations and activities of the most important of the public authorities.”



Features of the conventions:

a. They are unwritten

b. They are not a part of the British legal system

c. They are the political traditions which to some extent determine the working of the British political system.

d. They are not laws but are respected as if they are laws.

e. They are not recognized by the courts in Britain.



Sanctions behind the conventions.

Therefore, the conventions are not enforced by the courts, then the questions arises why do the people obey them? These are the sanctions behind the conventions:

• Force of law
• Respect for conventions
• Public opinion



A. Force of law

According to Dicey, the conventions are observed because they are based on and sanctioned by law. The power behind them is the power of law. If , says Dicey, the conventions are not observed, it will almost immediately bring the offenders into conflict with the courts and the law of land. Dicey gives the following example:

As the parliament has to meet at least in a year, suppose if the Prime Minister does not summon the parliament for two years, then no budget will be passed and no taxes will be collected. Therefore, although it is a convention but now it has the force of law behind it. Hence disregarding it will force the public official to commit illegal acts.


B. Respect for conventions:

Lowell says that conventions are observed because they are a “ code of Honor” .They are the rules of game and the single class which has hitherto had the conduct of the English Public life almost entirely in its own hands, is the one which is peculiarly sensitive t such conventions. Thus, the respect for the conventions by the ruling class of Britain is the force behind them.


C. Public opinion:

Ogg says that the force behind the conventions is the force of the public opinion. The public wants their observance and it will not tolerate their violation e.g. public expects a cabinet defeated in the parliament to leave office when it has lost the confidence in the parliament. Dr. Jennings says that the force behind the conventions is the same as behind the law.
Important conventions:


The some of the important conventions in the British constitution are as follows:


1. Regarding the Queen:

• The queen invites the leader of the majority party in the House of Commons to form the cabinet.

• All the bills passed by the parliament are sent to the Queen for Royal assent.

• The Queen dissolves the House of Commons on the advice of the Prime Minister.

• The Queen conducts all the political affairs normally on the advice of her Ministers



2. Regarding the cabinet:

• When the Prime Minister and his cabinet have lost the confidence of the parliament, they are left with only two options:

 The Prime Minister and his cabinet resign.
 The Prime Minister seeks the dissolution of the House of Commons through the Queen.

• The Prime Minister is always from the House of Commons.

• When the parliament shows its lack of confidence in any minister, the whole cabinet resigns. The cabinet is collectively responsible to the parliament.



3. Regarding the Parliament:

• The British parliament meets at least once in a year.

• All the money bills originate in the House of Commons.

• A speech from the Govt. benches is followed by a speech from opposition benches.

• Only the law lords take part in the judicial proceedings of the House of Lords.

• The speaker of the House of Commons is above party politics.



Conclusion:

The conventions help the constitution to work smoothly. These enable the ministers to exercise the powers of the sovereign.

As dicey says:
“They are the rules for determining the mode in which the discretionary powers of the crown must be exercised.”

These give the constitution the quality of flexibility for adopting itself to new needs and new ideas. G


Dr. Jennings puts it as:

“The conventions provide the flesh which clothes the dry bones of law.”

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Introduction:



The house of commons is the lower chamber of the British parliament and is more powerful than the House of Lords.

“When a minister consults parliament, he in fact consults the House of Commons; when the Queen dissolves parliament, she dissolves the House of Commons. A new parliament is simply a new House of Commons.” Says Walpole.


In power, prestige and authority the House of Commons has indeed become the first chamber of the British parliament. The House of Commons is the most remarkable legislative assembly of the world.

“It is “, as Gladstone said, “The center of the English political system; the sun around which all other bodies revolve.”


Composition:



For electoral purposes the United Kingdom is divided into as many constituencies as there are members of the House of Commons. Its membership has varied from time to time; at present it is 646 members (529 from England, 59 from Northern Ireland). One member is returned to the House from each constituency .The members of the House of Commons are presided over by Mr. Speaker.


Tenure:

Tenure of the House of Commons is five years and Quorum is 40 members.



Qualification:



Anyone, male and female, who is a British subject aged 21 or over and is not otherwise disqualified can strand as a candidate in any constituency at an election of the House of Commons.



Disqualification:



Those who are disqualified include the clergy; UN discharged bankrupts, holders of judicial office, civil servants, members of the armed forces and the police force and directors of the nationalized commercial companies.



Franchise:


According to the representation of people Act of 1969, all the British subjects who are 18 years of age on above have the right to vote at an election of the House of Commons.



Powers and Functions:

a) Legislative Powers:

For all intents and purposes, the parliament means the House of Commons because the House of Lords is merely a feeble delayer. The House of Commons has the power to make or repeal laws and amendments. An ordinary bill passed by the House of Commons can be delayed by the House of Lords for one year maximum. After this it is sent to the Queen for Royal Assent. A money bill can be simply delayed by the House of Lords for one month only. Thus, the House of Commons has a monopoly over the legislative functions and the House of Lords has virtually no legislative powers.

b) Financial control:

The House of Commons has exercised full control over the financial resources for more than 250 years. In exercising its financial powers the House of Commons performs the following functions:

 Approving finance bills
 Voting supplies and estimates of proposed expenditure of the government departments.
 Authorizing the expenditure

 Granting money and appropriations under the appropriation bills.
The yearly “circle of control” begins with the introduction of annual budget in the early days of April, the beginning month of the financial year in Britain.


c) Control over the executive:

The third great function of the House of Commons is its control over the executive. This is of the essence of the mechanism of the British cabinet system. This makes the cabinet responsible to the parliament and more responsive to the will of the nation. Firstly, the Houses constantly demands information about the various actions of the government and secondly it constantly criticizes the actions and policy of the government.

Dr. Finer says:

“The commons, spearheaded by the opposition possesses substantial opportunities for control of the government.”



Question time:


Every day the House of Commons begin its session (for four days a week) with a question time of about an hour. During this time any member can ask any question to a minister regarding any matter, provided they are supplied 24 hours in advance.



d) Lack of confidence:

The house can indicate its lack of confidence in the cabinet by:
 Rejecting a govt. bill
 Rejecting the budget
 Approving a private member’s bill opposed by the cabinet.



e) Rigidity of party discipline:

With the extension of suffrage the numbers if voters has increased. They can be organized only by a party which seeks to know their opinion to win the elections. The party also imposes a strict discipline on its members so that they do not vote against the government policy once elected in the parliament. This makes the government worse.

“If a government knows that Sane or Silly, right or wrong, drunk or sober, it can force its proposal through the House by virtue of this disciplinary set up, it is under a lessened necessity to exercise its powers with the maximum of care and responsibility.”


f) Redress of Public Grievances:

The House of Commons ventilates the public grievances but the party control and discipline is so strict and the pressure of the government business is so great that no criticism or redress of grievances can take place of these three functions:

 Law making to regulate the life of people
 Granting money to the government
 To put the issues or matters before the electorate, the people



Speaker of the House of Commons:

Office of the speaker is one of great dignity, honor and power. The speaker is elected on the party basis i.e. a member of the majority party in the House is elected to this office. But once elected the speaker becomes absolutely neutral in party politics. There is a convention of the English constitution that a former speaker would be elected again and again so long as he is willing to hold this office.


The speaker performs a number of important duties and functions.

1. The speaker presides over the meetings of the House of Commons. He decides who should address the House. A member who wants to speak must get the permission from speaker.

2. The speaker interprets and applies the rules. His decision is final. When a member raises a point of order, the speaker has to give his own ruling according to the precedents already set by the House. Once he has given his decision, it is considered to be final.

3. The speaker places the questions or motions before the house and announces its decision. He decides the admissibility of the questions put to a minister.

4. The speaker of the House of Commons can cast his vote in case of a tie. He so gives his casting vote so to maintain the status quo. The speaker does not take part in the debates.

5. Under the parliament Act of 1911, the speaker has been given the right to certify the money bills.


Conclusion:

According to R.G Neumann:

“The sovereignty of parliament resides in the House of Commons.”

Bagehot remarks:

“In theory it enjoys vast powers. But in practice, it has become subservient to the cabinet. The main reason for this is the rigidity of the party discipline.”

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brother are these the complete notes of british constitution

Brother please tell me if these notes are enough for british constitution

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