Why we study constitution of United Kingdom? We were colony of UK.

It is
exemplary constitution of parliamentary system of government. We had
English law system. They gave us a system. British constitution is a mother of
all modern constitutions. Constitution does mean structure, and composition.
State is artificial person. State does mean society, which is politically
organized. Political organization of state is government. People create
Nations. Sovereign is the ultimate authority of state. State has four integral
parts, i.e., people, territory, government, and sovereign. Government does
mean group of people who run the affairs of society or government.
Government is composed of three institutions, i.e., Executive, legislature, and
judiciary. Courts decide according to law. All the parts of government have
some links with each other.
Executive settles the disputes and makes the rules. Distribution of the power
is maintained among the federation and units and separation of the powers
between institutions.
England is
a
single
country
while Great
Britain is
combination
of England, Wales, and Scotland and United Kingdom is collections of Great
Britain and other Iceland. British Constitution means Constitution of Great
Britain.
Salient Features of the British Constitution:
1. Unwritten: Although the British constitution is not compiled in a book
like USA and other constitutions, but it is partially written in the form of
Bill of Rights, Act of Settlement, Act of Parliament etc.
2. Evolutionary: It is not rigid but gone through from the changes of all the
times. USA Constitution has a date and place when it was ratified
contained particular contents but on the other hand British Constitution
has not these qualities.
3. Supremacy of Parliament: Because there is no written constitution so
there is no limit on framing the laws. There is no limit on parliament to
enact laws. No difference between constitutional law and ordinary law.
Simple majority passes both types of laws. There is neither superior law
nor inferior or subordinate law. Parliament can repeal every sort of law or
Act. Present parliament is supreme parliament. She is not subject of any
Law, Act, principle. Parliament is not absolutely supreme. She can repeal
the Indian Independence Act, 1947, but there are many moral,
international law and other restrictions to do this practice.
4. Rule of Law: It means that society will be run according to the rules and
regulations. Every citizen can do everything, which is not prohibited by the
law but parliament has to follow law. Parliament can do everything, which
is allowed by the law. Both statements have same meaning. Law is formed
to govern the people and not the sovereign.

5. Conventious: Unwritten practices, which control the discretionary

powers of constitutional office holder. Head of State will act on the advice
of the Prime Minister. But the name of Prime Minister is not mentioned at
all anywhere. Prime Minister is most important figure of the system, but
his name is not used at all. King is Head of the State, Selections of the
Head of Government, Selection of Cabinet, based on conventions.
6. Flexible: It is not rigid as the constitution of USA is. It is easily modified.
Since there is no constitution or written constitution, so it can be amended
easily. Every law is superior if it deals with constitution, and every law is
ordinary if not deals with constitution. Every old law is superceded with
new law. In USA Constitution 27 amendments have been taken place
whereas in British Constitution so many amendments have been taken
place.
7. Bicameral: It means it has two houses in parliament, i.e., House of Lords
and House of Commons. Members of the House of Commons are elected
through the process of elections democratically, while members of House
of Lords are inherited. There are retired judges, politicians, bishops,
technocrats, eminent scientists, players, and writers etc.
8. Unitary: Single system of government. There is no other independent
government. In USA every State has right of separation but practically
when the some states gone away then the rest of states brought them
back. In UK there is no option to declare independence. But there are
counties, which have many rights to manage the society.
9. Constitutional Monarchy: Monarchy is inherited and constitutional.
King is Sovereign but all the powers rest to the Parliament. King has not
dominated role.
10. No strict separation of powers: All the organs of the State are not
separated except the judiciary.
Sources of British Constitution: Sources means what is material on which
British Constitution is based.
There are three sources on which British Constitution is based, i.e., Legal
Sources, Conventional Sources, and Advisory Sources.
1. Legal Sources: There are three legal sources, i.e., Statue Law, Case
Law, and Customary Law.
a. Statue Law (Parliament Acts): All the laws, which are passed by
the British Parliament, are called statue law, like Bill of Rights
1668no tax can be levied or no army action can be taken without
permission of parliament. No one can suspend any law without any
reason,Act of Settlement 1700 all the organs of the government will
be independent particularly judiciary will be independent, Parliament
Act 1949 how the parliament will be formed and what are the rights of
the Crown, Magna Carta 1215 it the bases of the rule of law and also

contains the rights of the people in a democratic set up, and Crown
Proceeding Act 1947 a person can sue the government
b. Case Laws means judge made laws: It contains to Common Law
and Interpretation of Statue Law. Common Law also has two kinds, i.e.,
Local Customs and Common Customs. Local customs are those that
vary place to place like law of inheritance, marriage etc., andCommon
Customs are those, which are similar all over the country like Finance
Act, Tariff Act, Traffic Rules etc. As far as interpretation of statute
law is concerned they give some meaning, or explanations to the
statutes.
c.

Customary Law: Customs that are not made part of law. It forms
basic structure of British constitution. British constitution does not vest
power to the organs of the government but there are certain customs
that determine the powers of the organs of the government. King is
ruler, courts decide the cases, working of parliament, parliament itself
is a Court, basic institutions and the parliamentary proceedings,
supremacy of the parliament, both houses of the parliament are
master of their business are similar kinds of the customs. These
customs are not written elsewhere but it fact that all the business of
the British society is being carried on by the customs.
Customs are immemorial of nature and have force of law. Customs are
enforced as law. These are not found in books.

2. Conventional Sources: Political practices/usage, which have been

adopted to curtail/reduce the discretionary powers of the king/queen or
other high officers. Queen has many powers but practically she does not
exercise such powers, and the elected people exercise them. Selection of
Prime Minister is convention. Every job is done by the queen/king on the
advice of Prime Minister. Leader of the majority party in House of
Commons is elected, as Prime Minister is also a convention.
All other ministers are also appointed by king/queen on the advice of
Prime Minister.
All ministers are collectively answerable to the parliament. No one can
speak against government. If anyone has any ion can discuss in party
meeting; otherwise he has to resign before he speaks against the
government policy.
If vote of no confidence is passed against Prime Minister, he may either
resign or may dissolve the House of Commons for fresh election.
Parliament will meet once in a year.
Prime Minister draws his salary as Secretary and not as Prime Minister
because Prime Minister has no legal status while Secretary has legal
status. Parliament itself is conventional.

These all are conventions of British Constitution

Conventions are those which are:
1. No immemorial origin;
2. Product of last 250 or 300 years; and
3. Have not force of law.
3. Advisory Sources: These are those which found in books, journals, and
articles.
Rule of Law means principles of general application given by state to control
human behavior. It is a body of principles, recognized and applied by state in
the administration of justice. Any principle, which governs human behavior
generally, is law. Every law curtail, restricts our liberty. Why we accept law,
we are slaves of law.
In simple term it means that all the people should be governed and controlled
according to principle and should no discrimination among them at all. It has
been generally in our civilization that people prefer rule of law and they are
governed by rule and not by the will of a single one. In primitive societies
principles were provided by the customs. By using customs law was made.
They had legal status. How one can dispose of his property, how the price is
determined, all were dealt by the customs. Customs were used to provide
principles. Customs could not be changed easily and sometime they could not
be used to provide principles and failed. Customs are changed very slowly;
even there is not change in 100 years. All was dealt with old style. If change
is required, then customs are failed to accompany the social needs. Customs
had no role after a long period. When customs diminished then religion came
and filled in the place of customs. Apostles came with revelation and they
provided moral conduct. This rule of conduct was based for the controlling of
human being. The King/Queen governed once a time people. They were
superior of the society. A new era emerged. Society was peaceful and
customary law was available to control people. All was OK. Society was
gaining strength. All were free to choose their profession. They joined
different professions. A new set up came with new values that people would
be governed by the will of single one person and by the law and principles.
Concept of natural law emerged. It was higher than the man made laws.
There was no defect in religion. People were governed by the natural law and
not by the will of ruler. Now concept arises:
1.
2.
3.
4.
5.

No will be tried in two cases at a time.

Law of evidence emerged.
Safeguards are provided for the retention of property.
Impartial judgement came into existence.
No torture will be used for getting of confession, etc.

With the passage of time, natural law gave national law. Internal nature was
same while external nature was different. Every state in modern time has
right to have her-own law. Natural law made national law. Natural law comes
to focus of national law. Now people respect the parliament because it is

composed of the people of their own representative, they have authority;

they act according to the wishes of the people. Parties follow manifestos. This
system is better than of judges who sit in a closed room and decide the fate
of people without knowing their wills. New political system contains upper
and lower houses, parties, oppositions, and people wishes. Now another
problem came into being. Representatives come from upper class and they
make laws for upper class negating the lower class of labour, tenants,
common people etc.
To over come this situation supreme law is made. It is reflection of the wishes
of the people. It makes the people stronger and guarantees the rule of law.
If there is no rule of law, there is always uncertainty. Law protects the rights
of individuals. There is no rule exists in jungle. Cat may catch mouse and dog
may cat. There are so many difficulties and problems in the rule of law to the
law-breakers. Law of marriage has many customs. Simply marriage is
agreement between a couple with consideration in the presence of two
witnesses. But there are so many formalities, i.e., engagement, Hina
Customs, Marriage Ceremony, valima, or invitation after the marriage etc.
Religion is also a source of law. It has played very important role in society.
There are many types of laws, i.e., natural laws, and judge made laws, man
made laws, common law etc.
It is not a solid concept. Different writers tried to give it different meaning in
different time. There was a move to propagate natural laws. They are above
human being and man made rules of rulers. First of all there was religion who
revolted against man made laws and then advocated true rule of Allah, law
which is higher than man made law. God had sent rules through Apostles
through the centuries to make human being man as the most eminent of
created beings of mankind. General consensus of the people was religion.
Musa revolted against Pharaoh. Such rule of law is important than of man
made. Aristotle also said that the rule of law is better than rule of man. The
king is under law because law creates him. King is not rule but subordinate of
higher law. People started struggle against king, then supported the
opponents of king. They expounded the concept of rule of common law. New
theory establishes that parliament is law making authority. Acts of parliament
are continuos today and subordinate legislation also. In many countries
British constitution has been adopted. When we take rule of law, take
supremacy of constitution. Theories of all times or era contain one thing
common that is rule of man. Most of colonies have being disappearing slowly.
No monarch is followed. They are nothing than ceremonial head now. Now he
never rules. In all countries power has been vested to people. Monarchy is
giving away today. People think that what quality lies in a person who is
sitting in capital? Concept of democracy has emerged. Democracy is the
historical development of rule of law.
People should be governed, regulated, or ruled by law. Law has some uniform
principles. They are predetermined. Everyone knows what is crime, i.e., theft,
robbery, dacoity, rape, drinking etc. And everyone knows what evil is inflicted

in case of commission of such crimes. What is prohibited and what is allowed.

These things are not determined after commission of the offence. If standard
is laid down that whoever will get 45% marks will be declared pass, 60%
marks will achieve first division then everyone, will definitely try to follow
rules otherwise disparity will occur. Duty of law is predetermined.
It is also general in application and not meant to individual. It is also outcome
of long and long process. It excludes the unreasonableness and unfairness.
People should be governed by the law and not by the individual. Later on
Aristotle advocated the rule of law being better than individual. Coke of
England insisted on the dominance of law over the king. American
constitution emphasizes on due process of law, which means not rule of law,
but only good laws are regarded.
However concept of law kept changed time to time with natural law and
divine law. Generally peoples thinking are towards good laws. Peoples
emphasis shifted from natural law to national law. A national state
established. Now law is created by state itself. In the days of Coke, emphasis
was on common law, and judge made laws.
After 1688, supremacy of parliament established. Now in modern times rule
of law means rule of constitution. Constitution is considered superior than all
laws. Professor Dicey expounded this theory in Law of the Constitution.
1. Everyone is subject to law. Government is under law. King is subject of
law. No one is immune. All have to follow law.
2. Everyone, in the eyes of law, is equal and discrimination has been
disappeared. Poor or rich, white or black are not subject. He compares it
with French system where separate courts are established to deals
government and civil cases separately. While in England only ordinary
courts deal all the cases including government cases. In India lower courts
have power to issue injunction against government.
3. In United Kingdom, rights of people are protected well than by
constitution and are product of initial decisions of courts. They are not
products of constitution. Today Rule of Law is summarized in three main
features.
i)

Law and order is better than of anarchy. It must be achieved.

Government must have power to maintain law and order. It brings
peace. Why it is necessary and given top priority? It provides
atmosphere to do certain types of things. If teacher is delivering
lecture and students are quarrelling or conversing with each other,
what will be the consequences of the lecture? All the progress, which
we have made so far, is result of Rule of Law. Where there, Rule of Law
is maintained, there it brought prosperity, economic growth, and
development etc.

ii) A government must be regulated by Rule of Law. She must follow

these laws. If there is no Rule of Law is maintained, courts cannot

decide the cases at liberty. This is the basic difference between the
democracy and dictatorship. Government has to take actions as per
pre-decided rules. Government becomes ineffective if the proper
remedy is not provided against the wrongs. This cannot be achieved
until or unless force is not applied. Independent judiciary is necessary.
iii) There are three certain universal standards relating to the relationship
of state and people:
i)

Every offender is punished once in a crime and no double jeopardy.

ii) No torture is applied for confession and impartial trials are carried
on.
iii) Burden of proof lies on state, being victim in criminal cases.
Hearsay evidence is not allowed.
We insist on quality of law. Our process of law means rule of good and fair
laws. Rule of Law has universal standards. It has been developing in local
context. It was first natural law, and then it was converted into common law,
later Acts of Parliament, and now due process of law.
European courts deal the cases as per European conventions. In Delhi
Declaration, in 1959, the study of Rule of Law was conducted and suggested
two principles:
i)

There must be politically effected government for socioeconomic

development. Effective government and not the excellent government
necessary for socioeconomic development.

ii) There must be adequate control over the government. Article 5 of the
Pakistan Constitution provides Rule of Law.
Conventions of the UK Constitution: UK Constitution is unwritten and this
part is called conventions. Constitution is not totally unwritten but partially. It
is written in the books, statues, Acts of parliament, Court decisions etc. But it
is fact that important part of it is unwritten and is based on conventions. It
plays very important role in constitution.
Definition: Conventions are the unwritten rules of constitution, practices
that regulate discretionary powers of state authorities at highest level.
King had executive, judiciary, and legislature powers but later they were
separated among the other organs. Now parliament is the organ responsible
for law making and most powerful particularly after the revolution of 1688.
Executive is under control of Queen so far. Foreign affairs, nominations and
welcome of high commissions, welfare, nomination of religious leader or head
of the church, social set up etc. are the powers of King or Queen.

Parliament has right of law making, tax, and sanctioning of army. King desires
to rule of parliament. Queen appoints ministers, senior member of the house
of common as Prime Minister. Power has been transferred from King to
Parliament. Power speaks itself. Now UK has political parties. People know
their manifestoes. Parties are effective rather than individual. People exercise
their rights in elections.
Examples of important conventions:
1. Prime Minister: Who will be the Prime Minister? People know very well
during the elections that who will be. What will be the position of the
Prime Minister? How other ministers will be elected? The Queen offers
leader of the majority party as Prime Minister. He is nominated from House
of Commons. He knows the time of election.
2. Sovereign: King or Queen or Monarch acts on advice of Prime Minister.
He or She cannot do anything at own. Advice of Prime Minister, Cabinet,
Minister, or Privy Council is given to crown. All administrative matters are
dealt on the advice of Prime Minister or Cabinet.
3. Government of Prime Minister: All acts are done on the advice of
Prime Minister.
4. Ministers are members of the parliament: Queen nominates them on
the advice of Prime Minister.
5. Ministers Act Collectively: Decision of cabinet is acceptable to all. If
anyone disagree, he must resign and then criticize. No one can disagree.
6. Cabinet (Prime Minister and Ministers): They are responsible
regarding all the acts in parliament. Mistake of one is mistake of all.
7. Parliaments removal: Parliament can be dissolved upon vote of no
confidence. There are two way outs, either government resign or
dissolution and holding of fresh election.
8. Annual Meeting: Parliament should meet at least once in a year
otherwise no finance bill will be passed and no tax will be levied.
9. Dissolution of Parliament: Parliament may be dissolved on the advice
of Prime Minister and fresh election may be held. Prime Minister remains
Prime Minister until successor is elected.
Role or ives or Functions or Purposes of Conventions:
1. Check and Balance in the System: Crown and Prime Minister are
governed by the conventions. All the powers are vested to Crown who is
obliged to follow the advise of Prime Minister. Prime Minister is the leader
of majority party in House of Commons. He always takes into
consideration the wishes of party members. Party members, too, take into
consideration the wishes of public. If opposition party or people want to

get rid of government, Queen may dissolve the government. If Prime

Minister resigns, all the cabinet resigns.
2. Evolution of Constitutional growth: Since the British constitution is
unwritten, so there is great room to cover its requisite portion with
conventions. People of Britain can change everything without changing its
basic structure. Basic system remains unchanged while its outlook is
totally changed. British constitution is just like a building, dwellers of that
had never rebuild it except the modification in the required portion
without changing its structure.
3. Bridge between democracy and monarchy: Queen has many rights
but practically she is dependent of Prime Ministers advice. Prime Minister
is the person of majority party who makes and run the government. In this
way conventions are the feelings of old days.
4. Wishes of the People: People always want change. Similarity gives
disgust to them. But it is fact that they do not want to leave their heritage.
They want innovation without affecting the foundations. Convention is the
only way to achieve their ives.
5. Advantages of Monarchy: Queen is impartial ruler and acceptable for
all groups of the society. In the absence of government she runs the
government functions. There is no need of elected representative. She
gets control of government when the cabinet is not in operation. She is
head of the state. No one group criticizes her. These principles are the
product of conventions.
6. Flexible Constitution: In contrast to USA Constitution that is more rigid,
conventions provide flexibility to make the political and social system
flexible for the peoples of Britain.
Supremacy of Parliament: Parliament is a product of long standing of
historic struggle. There are certain stages in constitution, which have reduced
the powers of king and increased the powers of parliament. Some of them are
as follows:
1. Proclamation and Ordinances: Proclamation is the Act of Parliament
while ordinances are laws made by executives. All the powers of law
making either proclamation or ordinances were vested to king, i.e., an
individual. Later justice Coke gave his ruling in judicial decision that king
has no authority to make laws in the form of proclamation and ordinances.
So courts have reduced the powers of king consequently it has increased
the powers of parliament to make it superior.
2. Taxation: It is an important power of any government of the world. Same
situation is with UK government. Every government needs money. This
money is obtained by taxation. Taxes may be imposed directly or
indirectly. This money is spent on welfare, government business, to run
government affairs, to carry on war, to carry on social activities etc. There
is no source of income for government except taxation. Earlier all powers

of taxation were vested to king. But now by historic development these

powers have been delegated to parliament. Parliament can impose taxes
without consents of king. Magna Carta was emerged in response of
taxation. King was in need of money to carry on crusades. To encourage
people to pay taxes, he granted them certain rights. People became most
liberal. King is still sole representative in foreign affairs. He can declare
war to acquire land. All agreements are made in the name of king. He
send troops, nominates ambassadors, imposes custom duty on imports
etc. In 1688, Bill of Rights passed stating that no tax will be levied without
consents of parliament.
3. Martial Law/Military: In earlier time, king was the Head of Army. This
was the inherited position and member of royal family were acquired this
position step by step. King had power to send troops to snatch territory to
rule over. He lost inheritance in parliament affairs. In 1628, by Petition of
Rights, it was prohibited that king may move troops during the peacetime
within country. It was held in 1688, that no army could be maintained
without consents of parliament. There is no permanent army in UK. It was
decided year by year. Now it is decided for five years. Powers of
establishment of army have been taken over by parliament. Although king
signs every bill, but it is passed by parliament. It was result of revolution
under Bill of Rights.
4. Exemptions and dispensations: Law is given by parliament and king
has no authority to make laws. It was exemption to king to suspend the
certain part of parliamentary law to enforce on certain people. This right
was available to him and was frequently used to support his special
persons. Now this right has been taken away.
5. Independence of judiciary: If parliament says one thing and judiciary
interprets it otherwise, parliament may make another law. King has sole
authority to appoint and remove judges. Act of Settlement had decided
that no judge would be removed without consents of parliament.
6. Executive powers: Ministers are responsible collectively.
exercises all powers of government, which is part of parliament.

Cabinet

Examples of the supremacy of British parliament:

1. Life of parliament: It was governed by Triennial Act. It was liable to be
dissolved on discretion. Its life was then three years. A law was passed to
extend its life, in 1715, for seven years. Then again its life was reduced
upto five years, according to Parliament Act, 1911. Septennial Act, 1715,
made its life seven years. Now parliament at its on liberty to reduce or
extends her life self at any time.
2. Succession of crown: It means who will be next of king or who will take
responsibilities of throne after the death of king. Old male descendant
takes over kingship. This rule is named Primogeniture. Male descendants
are preferred over female. Females are not totally deprived. If there is no
male alive, then daughter is made Queen. Act of Settlement, 1700, and

Act of Abdication, 1938, have resolved this matter. If king is issue-less,

then kingship moves toward to older brother and inherits in his family and
cannot be diverted.
3. Retrospective: Normal practice of law implementation in world is that it
takes effect in present or future. But it is the quality of British parliament
that it can enforce law from back dates. Indemnity and Damages Acts
were enforced in back dates. This power is used in ratification, i.e.,
authorization of unauthorized act.
4. Prerogatives of crown: Many discretionary powers are vested in crown,
but many of them have been taken away. Bill of Right, 1688, has taken
away most of powers of crown.
5. Political influence: Political conventions have reduced the power of
crown and given to parliament. Most of conventions have become Acts,
rests are still conventions, and some of them are vested to crown and he
off and on exercise them.
Are there any limitations on parliament: There are certain practical
limitations which parliament may face. These are as follows:
1. Public opinion: No one, even dictator, can go against strong public
opinion. Parliament is composed of elected people who are supposed to
act upon wishes of people. It respects people, but the Act of Parliament
cannot be challenged.
2. Party manifestos: At the time of election every party contests the
election with the aim that they will do certain things if they come into
power. They cannot deviate from their manifestoes. If they go against
their commitments, they have to face their results. Most of members will
lose their seats in forthcoming election. The most popular slogan of
democratic government is:
Democracy is form of government of people, government by people, and
government for people.
Of cannot be changed with off, by cannot be changed as buy, and for
cannot be changed as far.
3. Morality: Once in England law of homosexual act was enforced and
marriage of two males became legal. But later on, on peoples protest, it
could be repealed. It was in contrast of morality. All the laws contrary to
public opinion, or all laws, which hurt public policy, cannot obtain long life.
4. Rights of the people: There are certain rights of people, such as,
property, personal freedom, education, marriage etc. These rights make
limited the powers of parliament.
5. International relations: Today nations live in society as a country. No
one, even richest, can go against international law.

Parliament has central position and has positive role in Britain. It performs
legislative function such as law making. It provides monarchy, Prime Minister,
Cabinet, Ambassadors. It also performs judicial functions. Court of Appeal is
in between High Court and House of Lords. Earlier, king was powerful and all
the powers were vested to king. British parliament is bicameral. It has two
chambers containing House of Commons and House of Lords. British
government system is unitary. One government exercises all powers. Local
government is run under the law of central government. There is no
federation in United Kingdom. House of Common is elected while House of
Lords are non-elective but nominated body.
House of Lords is upper house and non-elected. Its composition was simple.
All inheritor members are either appointed by king or acquiring membership
by inheritance. Now other members are included. Today it is quite diverse.
Hereditary members are 850 or 860. Spiritual Lords have fix nominations of
26. They belong to church. Life Lords are in between of 230 to 240. They are
product of Life Peers Act, 1958. They do not inherit their membership. They
are the persons who do not want to come to parliament or they cannot come
through democratic process. They are eminent and beneficial for government
and society. Law Lords are also fix to 11.
Reforms: This is non-democratic house. It is just consultative house.
According to Parliament Act, 1911, it cannot reject any bill passed by House
of Commons. It can just delay bill for two years if it is ordinary bill and finance
bill can be delayed for two months. Parliament Act, 1945, has also reduced
this duration of delay from two years to one year and two months to one
month. This house has no right of vote. Purpose to delay the bills is to think
about it in calm environment. It is discussed at all in the best interest of
public.
Although it has no powers, but it performs some important functions:
1. It is a chamber of parliament passed by House of Commons.
2. Correction: It provides chances to cool down emotions and political
sentiments.
3. Simple delay: It cannot revise the bill but simply delays the bill
maximum for one year or one month. It is also called delaying house.
4. Introduction of non-contravention public bills which include common
benefit of public. Bill that is contrary to public interest or opinion will never
see the light of the day. It will be killed.
5. Private bills can be originated in House of Lords by private members.
6. House of Lords is forum where free and full discussions take place on
political, social, economic, and international issues.
Lower House is highly political and short debating house.

Crown and its prerogatives: There are two classes of crown prerogatives,
i.e., personal and political prerogatives.
Personal prerogatives:
1. King can do no wrong:
2. King never dies:
3. King never infant: However he is one day old or born soon after the
death of king, he has right to be king. If he is minor, how he runs the
matters of government? There is law under which a tutor is appointed who
acts on the behalf of that young boy. Despite a tutor or committee he runs
the matters of government, even actually he is not the king.
4. Acts of parliament are not applicable to him unless specifically
mentioned in law.
Political prerogatives of British Crown:
1. Dissolution of parliament:
2. Appointment of Prime Minister and Ministers:
3. Appointment of Civil and Military Officials:
4. Appointment of ambassadors:
5. Signing treaties:
6. Declaration of war and peace:
7. Acquisition of property:
8. Maintaining of law and order:
9. Signing bills:
10. Hereditary and life lords:
11. Summoning the parliament:
12. Appointment of judges:
13. Appeals from overseas:
14. Head of the army:
15. Head of the clergy (church):
King does not exercise these powers himself individually. He requires the
advice of Prime Minister.

Parliamentary System of Government:

1. Evolutionary: British parliamentary system came into being through the
process of conventions. After signing the Bill of Rights Act, powers were
transferred from King to Parliament.
2. Based on conventions: British parliamentary system is based upon
conventions. Powers are transferred from Monarchy to Parliamentary
system. Nomination of the Prime Minister from the majority party is the
convention. Address of the King or Queen is written by the Prime Minister
is also a convention.
3. Democratic: Government is answerable to parliament and people.
4. Party based: British parliamentary system is based on party system.
Every party takes part in the election. They put their Manifestos before the
people at the time of election. They are independent in the nominations of
their candidates.
5. Responsible government: Government is responsible for the act of its
members of parliament. Act of one minister is act of the government.
6. Joint responsibility: British parliamentary system is based on joint
responsibility. Mistake of one minister is the mistake of all cabinet. Prime
Minister has to suffer if there is any slot.
7. Dominance of House of Common: At the time of beginning of the
parliamentary system both houses had equally responsibility and were
equal in their business. But later on House of Common delegated more
powers and the powers of the upper house reduced time to time. Now
upper house has very nominal role in system. Upper house cannot refuse
or reject the bill passed by the Lower House. They can only delay bill for
one month if it is monetary bill and one year if bill is related to nonmonetary matters.
8. No separation of power: There is no separation of power like in USA.
Executive and Legislation joint in their operations. Just judiciary is
independent in practice, but in theory it is not independent.
9. Flexibility/unwritten: Since the British system is evolved through
conventions so it is flexible and unwritten. There is very easy system to
modify the law.
10. Pre-eminence of Prime Minister: Prime Minister is leader of the
majority party. He has the mandate of people and has considerable
influence on party. He is spokesman of party and conveys the messages to
king and in public, press, social level, and any other form. He appoints all
ministers. He has leading role. He advises to king. Nothing can be done in
which he has no consents. Prime Minister is the person who chairs
meetings of cabinet. He decides time of meetings, agenda, and
discussion. He closes the meetings. King or Queen act on the advice of

Prime Minister. Prime Minister conveys all the discussions to king. He can
individually convey his opinion to king. He did not bring many matters in
the cabinet. What is to be discussed and when, it is upto his sole
discretion. He has many discretionary powers. Every Tuesday Prime
Minister and King or Queen meets privately.
Parliamentary Procedure:
General principles of procedure: Both houses are masters of their own
business.
Courts do not interfere in the working of parliament. Money bill is originated
only in House of Common.
General Rules:
Types of Bills: Bill is the proposal to legislate the law.
1. Public Bills: Related to general system of society, like law of
amendment, criminal system, change in law, education, change in
taxation etc.
2. Private Bills: Deal with particular issue
Indemnity, Railway, Airline, Corporation etc.

or

individual

like

3. Hybrid Bills: Mix types bills.

4. Private Members Bills: Initiated by the members other than
government members.
Pre-Bill Procedure:
1. Proposed by government member.
2. Goes to cabinet.
3. Parliament, introduction, law department, legal drafting, experts.
4. Lower or Upper Houses.
5. Money bill only in House of Common. All the rest bills may originate
in either house.
6. First Reading: Read out, name, , and content, change in overall
system.
7. Second Reading: Discussion clause by clause. Word by word,
through
read
out. Committee
Stage: Select
Committee.
Something amended and discussed, acceptable or not.
8. Third Reading: Final shape of bill, election. Passed or rejected.

9. If upper house disagrees, one-month delay in case of money bill,

and one year delay in case of ordinary bill.
10. Assent of King or Queen: Finally King or Queen sign the bill. Bill
remains bill and cannot converted into Act or Statute until or unless
King or Queen signs it. Since four hundred years King or Queen
have never refused to sign any bill. So it is convention that he or
she will sign the bill passed by the government of people.