CONSTITUTIONAL LAW-ISALIENT FEATURES OF CONSTITUTIONAL LAW Evolutionary Constitution. The British Constitution is an evolved Constitution meaning thereby that it is not a man made Constitution. No person, body or authority can claim to be the founder of this Constitution. It has grown through progressive and through its struggle spread over centuries. According to the British, a Constitution must aim at the empowerment of the people and for all practical purposes thus government came to be called a democracy. 2. Un-Written Constitution. The British Constitution is not confined in any single document or from that point of view it is not an enacted Constitution. According to them, after all what is the purpose to have a Constitution?. The purpose of a Constitution is to run the affairs of a government, the executive, the legislative and the judiciary and we can do this quite well in the absence of a written Constitution. The Constitution consists of a historical document which is not in the form of strictly speaking a law, common law, which is in the unwritten form, statutory law, conventions or customs of the Constitution or even the writings of the great jurists, scholars, lawyers and judges. 3. Flexible Constitution. A Flexible Constitution is that, which can be easily amended, changed or altered without undergoing any special procedure. Constitutionally speaking a Flexible Constitution makes no distinction between ordinary and the Constitutional Law. The Constitutional Law can be made in the same way as an ordinary Act of the parliament. Opposed to the Flexible Constitution is a rigid Constitution which acquires a special and of course a difficult procedure to amend or change it as is the case in the USA, Pakistan or India who have a written Constitution. 4. Unitary Constitution. A Unitary State is that where center is the reservoir of all authorities. England, Scotland and Wales Constitute a Unitary system of government. Opposed to a unitary state is a Federal Structure of government where there are units who enjoy autonomy in their respective spheres/fields whereas the problem of autonomy does not arise in a unitary form of government. Parliamentary Form of Government England has a healthy Parliamentary system of governance. This system has not been made through any conscious efforts but through its struggle spread over centuries through traditions and rules of convenience. Parliamentary system has emerged on the basis of a close relationship between the executive and legislative organs of any government. In such a system, Prime Minister and other members of his cabinet who initially pertain to the executive department/organ must as such be the elected representative of the people from their independent consequences and hold their seats in the Parliament and are responsible and answerable to the Parliament. In such a system the Prime Minister or from that point of view the government may be sent house before the expiry of its term of office. If at any time a 1. vote of no confidence is passed. On the other hand the presidential system of government as in the case in the USA is founded on the principals of separation of power and not on the principals of mutual cooperation and coordination between the executive and the legislative organs of the government. The president of the USA is elected for four years and the congress cannot oust him from office before the expiry of his term of office as no confidence move is absent in the USA. The president is the sole executive authority and his members of so-called Cabinet are only responsible to the President and not the Congress. The President is the master of his cabinet unlike the British Prime Minister who is only first amongst the equal and not master of his Cabinet. It concludes that the parliamentary system of government or the cabinet system or as it is also called responsible government is based upon the principals of mutual relationship and cooperation between the executive and legislative departments of the government whereas the American System or Presidential System of government is based on the theory of separation of the powers. 5. Supremacy of the Parliament Parliament which means house of common, House of Lords and Queen who is an integral part of the parliament is virtually supreme or latterly it is known as Kingin-Parliament. The British Parliament can make, unmake, alter, change, amend repeal any law, whatsoever. No person, body or authority can compete with the parliament. The courts are not supreme in England and no law, if made by the parliament can be challenged in any court of law. It means the power of judicial review as prevails in the USA is not present in England. 6. Rule of Law in British Constitution The government shall not act in an arbitrary or whimsically manner, no person can be arrested without any distinct breach of law according to the ordinary law of the land which is the supreme law. The creation of special courts is the negation of the rules of law. Everybody is equal before the law whatever his position or status may be. The rules of constitutional law are the result or consequence of the rights of the people in particular cases brought before the courts for determination. Law is rule over the rulers. 7. Convention of the Constitution Conventions are also called customs of the Constitution or rules of constitutional morality. The conventions play a very significant role in the working of the British Constitution. The growth of Constitutional convention is very much like the growth of customs in a society, clan or tribe. These are also called rules of convenience/connivance. 8. Mixed Constitution In England there is monarchy, aristocracy and democracy. The Queen represents the monarchy; House of Lords represent the aristocracy and the House of Common represents the democracy and for all practical purposes. The House of Common is the real Parliament. practice. The conventions are also called customs or rules of Constitutional morality. she shall always do it on the advice of the Prime Minister. the Queen under the British Constitutional law has the legal prerogative of the power to dissolve the Parliament but the exercise of this power is made on the advise of the Prime Minister. For instance. But the convention is that whenever the Queen shall dissolve the Parliament. If the Parliament does not meet at least once in a year. For instance. affection or habit which forms an essential part of the British Constitution. The exercise of this power can not be questioned or challenged in any court of law. to pass the budget. 9. One view is that people obey conventions because they are so much linked with the ordinary law of the land that the very breach of conventions may result into the breach of law. legislative and even judicial authority. But this view does not hold any weight because there are certain conventions the breach of which may not lead to any serious consequence of legal nature. Conventions are the guide posts driven deeply in our subconscious mind and the most powerful are those we do not take notice of them or are unaware of the breach of law has legal consequences whereas. the Queen under the Constitution has the legal power to dissolve the Parliament. The common answer is the public opinion?. 10. there is an important convention that the Parliament must at least meet once in a year for the dispatch of its business i.Gap between theory and Practice In England the Queen is the source of all authorities from which derive all the executive. the breach of any custom or convention does not entail any legal consequences. The question again arises as to what is the real force behind the convention. Party System Party System is also the result of growth through conventions. The . The growth of convention is very much likely growth of a custom in any society and sometimes adopted accidently the reason is the British people believe in error and trial method theory. impose new taxes and lay the duty etc. WHY PEOPLE OBEY ONVENTIONS? The question arises why people obey conventions?. CONVENTIONS OF THE CONSTITUTION The convention is a Constitutional understanding. For instance. The answer to all this lies as to why people obey law. no serious illegal consequences will take place. According to them credulity leads to error and verification-cum-confirmation & experiment lead to knowledge. In theory she is all in all and enjoys all the prerogatives which are Royal but in practice she is reduced to a mere signing authority or a rubber stamp through centuries struggle.e. serious sequences will take place as any budget or any other financial matters or any other matters or policy of public importance without the meeting of the Parliament will be unlawful and totally illegal. If she does not seek the advise of the Prime Minister. There was a time when the British Monarchy/King absolute but now with the passage of time and the gradual growth of the conventions or customs of the Constitutional Monarchy in England has become totally constitutional. The Queen assent/agree to a paper passed by the Parliament. Judiciary There are three (3) types of Executive. Answer: There are three (3) powers of Monarchy. Crown (Office never dies): The term Crown pertains to the office. England is governed in the name of Queen. To understand the powers. Political Executive = Prime Minister iii. iv. The Speaker of the House of the Common must act impartially/neutrally. King – Long live King. long live the King”. the King and the Crown. Henry Charles James may create a cry in the Buckingham Palace as the King has died but by all means the next eligible heir succeeds through the Crown without any loss of time. functions and position of this institution one has to make a distinction between two terms. The Queen invites the leader of the majority party in the house of common to perform the ministry/government. ii. Whatever the Queen does she does not do so on her own but on the advice of her Ministers. legal economic. importance and powers of the Monarchy or Queen?.people obey law to satisfy their social. iii. King/Queen (Long live King). cabinet and Prime Minister. Professional Executive = Services i. Executive 2. Therefore. Formal Executive (Queen) There are two terms of formal Executive i. i. 1. ii. Parliament. i. Therefore. Crown – Office never dies. It is the sum total of synthesis of the King. The term King pertains to a person. i. The Queen always act upon the advise of her Prime Minister. usefulness no providing a fundamental base for all the times. Formal Executive = Queen ii. The Prime Minister must sit on the floor of the house of common. It is very difficult to give any comprehensive list of convention because they are many some important conventions are under. in spite of the fact she has the legal power to reject it. The British Monarchy is the oldest Monarchy in the world and a study on history of the British Constitution is in substance the history of this institution. _________________________________________ Question: What are the functions. political and all other needs. . (E’tat C’est Moi = King: I’m the State and my word is law). Legislative 3. ii. v. “The King is dead. people obey conventions because of their utility. Liberty and equality of the people. All appointments including the Prime Minister and other Ministers are made in her name. it must be noted. the entire state activities of directed at the supreme directions of the Queen. 2. enjoys all the powers which are exclusive and whimsical. The Queen is the Supreme Commander of all the three armed forces including the Army. This distinction between the King and Crown. Whatever the Queen does she does so. derives its powers from two main sources: i. Therefore. are essentials part of the government and depict the public opinion. The Crown derives the power from Statues which are made by the Parliament in written form. The same prerogative powers which vested in one person as a King and which with the passage of time prevails to the people. The element of “advice” has. But with the passage of time the common law powers which are not in the written form and cannot be challenged or questioned in any court of law. the people who elected their truly elective representative to run the affairs of the government or office. It is the Queen who appoints the ambassadors and the other diplomatic agents. strictly speaking the powers vested in the elected representative of the people and more strictly vested in the cabinet therefore. who are the elected representative of the people from their independent consequences. When a bill is passed by a parliament it is sent to the Queen for her assent. prorogues and dissolves the parliament. brought a transformation between the theory and actual practice spread over centuries struggle. She may . The entire executive authority presides/vest in the Queen. how so far. they may be humble or even against the state itself. Navy and Air Force. __________________________________________ Question: The powers of the King may be discussed under the following pattern: Answer: 1. The King is the source of all authorities and no limitation or structural can be imposed upon the authority of the King because in the literal sense he is a King. Executive Power The Queen is the source of all authority. on the advice of her ministers. But all this is on paper. ii. not the result of any conscious effort but through evolutionary process evolved as such through a due observance of the conventions or customs or constitutional understanding spread are emerged over the history for protection under the law. The Crown on the other hand. The King. Legislative Power It is the Queen who summons. because the common law power of the people of England. therefore. the very prerogative of powers of the King became the privileges of the people of England transformed as such over centuries struggle of mind and heart what may be turned as ordinary practical consciousness which for the first time not only in England but in the world emerged as a beacon of light making a way to democratic system. sit in the parliament.Broadly speaking. therefore. The highest award of Kinghood known as ‘Order of Garter’ was created by Kind James-III but all this practically done on the advice of the Prime Minister who knows the worth in the public fields of the nominee of any reward. The Queen contributes funds to the members of common wealth in different fields of life. The Queen can tender pardon and has the power of reprieve/pardon. sent to her has been reject it. It may be very difficult for an elected president to maintain the . The fact of the matter is she is more popular than ever she was.assent to the bill or reject it. Therefore. 4. She does not belong to any political party and members of all the political parties respect the institution of monarchy as it never acts as a break on democracy. Judicial Powers Judges to the Superior Court are appointed by the Queen and judges to the lower courts may be appointed by the Lord Chancellor. But the convention is that when a bill is sent to the Queen she always assents to it. of course. Therefore. be a leader of the political party to be elected as such. Patronage The Queen visits hospital. But even judicial powers or exercise on the advice of the Prime Minister or Lord Chancellor who are the best judge. the Queen enjoys no vital powers and whatever she does on the advice of her ministers but it is very difficult to abolish the British monarchy as many monarchies in the world have disappeared. who is the Chief Justice as well as Law Minister/Secretary of the country as well as Chairman or Speaker of the House of Lords. orphan-houses and contributes funds. The monarchy in England is a hereditary institution. By practice it is established that in such a system the head of the state must be an impartial and neutral person whereas the Prime Minister is the incharge of the entire administration of the country. The president will. old-houses. Since the time of Queen ‘Anne’. there has never occurred an instance that when a bill passed by the Parliament. She also enjoys the power of not to prosecute anyone (nolle prosequet). The only alternative with the British people is to make England a republic and have a president. 5. (Le Roy Le Vaunt). Even the power of pardon is exercise on the advice of the Home Secretary/Minister. 3. _____________________________________________ Question: What are the reasons that British’s monarchy is retained when most of the monarchies have abolished? Answer: 1) Titular Head of State: The British constitution is based on the principles of parliamentary system of governance where the executive and the legislative organs are closely related to each other. to evaluate the legal experience and wisdom to be elevated as judges. Fountain of Honour It is the Queen who creates new peerages and confers honours. from the practical point of view the Queen has no vital legislative powers. impartiality or neutrality which is a pre-requisite of the system of parliamentary democracy. She is very progressive and the same blood runs into her veins which run into the veins of the people. After all sentiments also counts. The Queen occupies a hereditary position and all the political parties respect her as she does not belong to any political party. 3) Popular Sentiment: To think of politics in terms of old reason and utility is to think in the wrong manner. passions and feelings co-exist and collapse with those of her people. . The Prime Minister come and go but the constant factor is the Queen who reigns or rules but does not govern Queen Victoria ruled for more than sixty years and the same tenure goes in favour of the present Queen Elizabeth who in their eras have undergone the bad as well as good experiences and policies of many Prime Ministers and as such by virtue of her longstanding and hereditary position can cite the result of such polices and to warn and be careful in tackling many sensitive issues by the sitting Prime Minister who by our needs is the incharge of the entire administration of the country. 4) Symbol of Common Wealth of Unity: The Queen acts as a symbol of common wealth of unity. She belongs to the same land to which the people belong too. Monarchy in England and its history is spread over centuries out of which democracy and rule of law has emerged over centuries to fill the pressing gap for protection under law the rights and liberties of the people how-so-far he may be humble and even against the state itself. Therefore. the people favour the institution of monarchy. Many a Prime Minister have acknowledged frankly that they have learnt many a lesson by the virtue of her longstanding hereditary position spread over decades. Therefore. It is the loyalty to the office of Queen that all the members of Common Wealth of nations recognized her symbol of the Common Wealth of the nations. 6) Inexpensive Institution: Monarchy is an inexpensive institution. 2) General Advisor: The Queen acts as a general advisor to the Prime Minister whereas the Prime Minister acts as a principal advisor to the Queen. Two to three percentage of the entire budget is used for Queen. The Queen provides the continuity of authority whereas the president is elected for a fix term and in virtue of the element of election it may be very difficult for him to be impartial how-so-far he may be honest to succumb to the demands of his electors. She is not only the Queen of England but also of Australia and Canada. it has become a traditional and culture heritage which never goes against the wishes of the people of England. 5) No Break on Democracy: The Queen does not act as a break on democracy. to throw away such a system through a radical or abrupt manner is not justified. Her thoughts. who feel privileged to be her subjects even in the most modern parlance of democracy. The president is not responsible to the congress nor he sit in it. The members of the president so called cabinet must not be members of the congress and they are only responsible to the president who is the master of his cabinet. 04 years which means that no confidence or no trust move is present in such a system opposed to this system is the presidential form of government as it prevails in the USA where the founding fathers adopted the principles of separation of powers. 3) Solidarity: The Cabinet acts as a solid body. all members of the Cabinet must belong to the same political party in power and must have the same political views. He is not subject to any. It means they may differ with the each other during discussions in the Committee Room of the cabinet but they are not supposed to expose their internal differences to the people at large or the Queen. The president is the Chief Executive in home.e. 2) Homogeneity: Homogeneity of the cabinet means that. The members of the cabinet are essentially responsible and answerable to the parliament. If a minister takes undue advantage and differ with the Prime Minister outside of the committee room. 1) Close relationship between the legislators & Executive: The British system is based upon the principles of parliamentary form of government and in such a system there is a close relationship between the legislators and the executives. They must as such be elected from their independent consequences throughout the country and sit in the Parliament.POLITICAL EXECUTIVE (Salient features) Question: Cabinet consists of Prime Minister as many as other ministers or members who are responsible for running the affairs of state/legislation? Explain. OR How cabinet is the executive committee of the ruling party?. The concept of coalition position of government is absent in England. however. The Prime Minister may ask him to resign and if he refuses to resign the Prime Minister can recommend to the Queen for his dismissal and the Queen . no confidence move and can only to complete his tenure of 04 years. National government can. In a parliamentary system of government or it is also called cabinet system or responsible type of government. Answer: Cabinet consists of Prime Minister as many as other ministers or members who are responsible for running the affairs of state / legislation. the entire executive authority vest/presides. internal or external but it is a convention that no sooner as the crises are over the government must vest in majority party. The cabinet can be ousted from office before the expiry of its term of office i. be formed during crises. Additionally. it may open a world of confusion and political turmoil. Thirdly. ii) Legal Responsibility of the cabinet may be understood from the saying that the king can do no wrong. A vote of no confidence in one member of the Cabinet means a vote of no confidence in the entire cabinet. Therefore. any scandal may prove a deathknell for the cabinet. This means that the king as a person enjoys immunity and he cannot be trialed or summoned by any court of law. if the budget is rejected it means that the cabinet has lost the confidence of the house. The laws are framed by the parliament in the name of king and all appointments right from a peon to level of Prime Minister are made in the name of Queen who is the source of all authority but theoretically and not practically due to the growth of conventions. It is better that such decisions should be made to public or implemented only after take the final shape. Fourthly. he is as such absolved from the illegal consequences of that illegal act.always acts on the advice of the Prime Minister. ___________________________________________________ i) . if at all the opposition who has also their right to introduce some bills and that bill is opposed by the Cabinet or from that point of view the government and the bill is passed it means the cabinet or the government of the day has lost the confidence of the house. If any minister or any officer acts in such a way that his act being illegal injures the right of any citizen then that minister or government functionary takes the plea or defense that since the act was done in the name of the King. Firstly. 4) Ministerial Responsibility: Ministerial responsibility is of two types: i) Political Responsibility of the Cabinet. Everything in England done in the name of the king. ii) Legal Responsibility of the Cabinet. members of the cabinet or of the party empower introduces any bill and that bill as opposed by the opposition is rejected it means the cabinet has lost the confidence of the house. and well organized by a team of experienced and responsible politicians running the government machinery and in case there is any criticism or made disputed before their actual execution. the Prime Minister being leader of the majority party may cancel his basic membership. Secondly. 5) Secrecy of Cabinet: The Cabinet. The Cabinet may lose a vote of confidence in different ways. Political Responsibility of the Cabinet system means that all members of the cabinet sink and flowed together. ministry or the government as it may be called such has to take important and decisions at the national level also affecting the international political environment and such decisions since are always well planed. The Cabinet dominates in the executive & legislative affairs about 90% of the bills moved on the floor of the House of Commons are as such introduced by the Cabinet and are passed. party aims and objects. 2) Power / Weapon of dissolution: If a Prime Minister losses the confidence of the house. the rigidity takes to be introduced in the party organization because of the increase in population. The things changed in the 20 th century and the population multiplied and election expenses also became too high.Question: Why the Cabinet is so powerful?. The situation was not as such before the 20th century. Therefore. . Before the 20th century the candidates used to contest the election in the independent and it was quite for them to go from door to door to garner the votes as the population was no so large. A successful private member’s bill is an extreme rarity. About 9/10 time of the house is reserved for discussion on the government business and in case the government business is not concluded within that time or period the remaining 1/10 of the total time reserved for discussion on private member bills may also be consumed by the government or the cabinet meanwhile many a device to control the proceedings of the house are at the initiative of the cabinet for which the cabinet may convince the speaker of the house of common to adopt in the great interest of the government business like simple closer Kangroo etc. 3) Rules of Procedures: Rules of procedure deals with business of the house of common are such that they always go in favour of the cabinet. OR Factors of the Cabinet. Answer: 1) Rigidity in party organization: The most striking feature of the 20th century is exceptional in the powers of the cabinet at the expense of the House of Common which for all practical purposes is the real Parliament. The dissolution of the house means fresh election and the sitting member may not relish on fresh election because they require fresh expenses and also a risk of not being returned. Resultantly rigidity came to be introduced in the party organization and the candidates given tickets by the party leadership to contest the elections. Therefore. once a government in power all these in power and their members will not desert their Prime Minister as their believe is in party. he may either resign or advise the Queen to dissolve the house as it has lost its representative character. there are two alternatives who left him. Before the 20th century the parliament was not so a busy party body and it used to pass laws in the detailed form including substantive as well as procedural laws as it had ample time with it. Legislation of law making powers are very high is a prerogative of the legislature and if this power is taken away or from that point of view exercised by the executive or cabinet whose primary function is to enforce in laws and not make them may link to serious consequences. But it must be understood that cabinet is very watchful and careful not to lead to such a situation where the delegated legislation could defeat the provisions of the Act made by the Parliament in its own interest as politics is again which the people watch carefully and the fear of next elections debars from acting like a dictator. The cabinet is rear dictator of the country but it is not a dictator like Hitler and Feuror. suiting the entrust of a greedy & power hungry cabinet. In war like situations imminent and urgent decisions have to be taken to meet with the need of the hour and it may be very difficult to overcome the strategic war solution and situation by summoning the meeting of the parliament to decide the different aspects and strategy and urgent strategies to be adopted. The fear of next elections thus to face the electorate is a factor which always remains with the cabinet or the Prime Minister and any craze for power or to identify personal vested interests may result not only into the political deaths of the Prime Minister or member of his cabinet but as a whole into the political deaths of the party. Nevertheless. It is also called subordinate or ancillary legislation. 5) War: The element of war as the war experiences show has also been dispensable for strengthening the hands of the cabinet in power. But in the 20th century the parliament became a very busy body and it started in the general form and the gaps came to be filled by the executive or more precisely by the cabinet. Thus. 4) . The people closely watch the activities and policies of the government or the party power or from that point of view the cabinet closely.Delegated Legislation: In simple words delegated legislation means legislation made under the Acts of Parliament. thus leading to a confused state of affairs. History bears testimony of the facts that the two world wars lead to an enormous growth in the powers of the British Cabinet. delegated legislation at occasions led to a great criticism at different forums raising the plea that legislation is the primary function of the parliament and when it comes within the hands of the executive it may lead to conflicting and contradictory situation particularly when the delegated legislation or subordinate legislation in the forms of rules and regulations under the Act of Parliament conflicts with the provisions of the Acts. Keeping in view that “All delegated power is a trust and all assume power is usurpation”. therefore. The Prime Minister is the incharge of the entire administration of the country and as leader of the Cabinet. the agenda for the dispatch of the business of the House of common is prepared under his directions and since most of the business of the House is at the initiate of the Cabinet or from that point of view the Prime Minister the agenda has a great significance. House of Common automatically assumes the role of the leader of the House.Question: Powers. Its history goes back to a track of centuries and the powers and functions enjoyed by the Prime Minister are based on faithful observance and obedience to the conventions of the Constitution which form a major part of the working of the British Constitution. he has to make extensive and urgent visits abroad as well as within the country. Therefore. Unlike the Head of the state the Prime Minister acts as a very active and a first rate position in the country. because the British Constitution enjoys a parliamentary system of Government by virtue of a close relationship between the executive and the legislatures whereas. what happens some other senior members of the Cabinet occupies the position of the leader of the House but this does not effect the independent position of the Prime Minister as leader of the House and as whenever he enters in the house it will be presumed that. the American Presidential system is based upon the principals of Separation of Powers. Functions and Position of British Prime Minister?. 3) LEADER OF THE PARTY: The Prime Minister is leader of the ruling or majority party in the House of Commons as well as leader of his party outside of the House. As leader of the House. well-nigh/almost difficult for him to ensure his presence in the House for al the times. Unlike the President of USA the Prime Minister is not master of his Cabinet. The question answer hours in the House hold great importance due to the vibrant role of the opposition who acts as an alternate government. The Prime Minister can correct the answers to questions by his ministers and he may on any sensitive or delegate issue prefers to answer to any question on his own instead of any particular minister of the department. 1) LEADER OF THE CABINET: The Prime Minister is leader of the Cabinet and he as such presides over the meetings of the Cabinet and allocates portfolios to the ministers who are his colleagues and he is first amongst equals. 2) LEADER OF THE HOUSE: The Prime Minister no sooner as he is elected by House i. The Prime Minister is a very busy person. As a first rate politician a good Prime Minister . This is so. the leader of the House has arrived. The powers and functions and the position of the Prime Minister may be discussed under different Heads as he is a multi-dimensional.e. The agenda of the Cabinet meetings is prepared under his guidelines. it is his duty that the laws are obeyed and implemented faithfully. Answer: The Office of the Prime Minister is unofficial. objects and program of his party and criticizing the opposition. Answer: The name of the British Parliament is King-in-Parliament which includes House of Commons. House of Lords and the Queen who is the integral part of the British Parliament. The hereditary peers do not receive any salary and as per the House of Lords Act 1999 do not take part in the proceedings of the House. strategy and resourcefulness with an unimpeachable character as the true leadership is built on it. . The Prime Minister being leader of the party has to keep a close eye on the pulse of the public opinion. England is known as mother of all Parliaments by virtue of this House. It is the duty of Prime Minister to keep the Queen well informed about the latest political development and situation prevailing in the country. A successful Prime Minister is a dealer in hope. It consists of the House of Commons and the House of Lords. 4) FOREIGN AFFAIRS AND DEFENSE: The Prime Minister does not become incharge of his particular department or Ministry but foreign affairs and defense affairs or such where the appointment of any individual as a Foreign Minister or Defense Minister does not effect the independent position of the Prime Minister who can interfere or intrude into the affairs of such Ministries or department and to negotiate or take any step on his own behalf of the country. The House of Lords or the Second Chamber or the Upper Chamber is the oldest legislative chamber in the world and it is about one thousand years old. 5) PRINCIPLE ADVISOR TO THE QUEEN: If Queen is general advisor to the Prime Minister. The Prime Minister unlike any other person or member of the Cabinet has a direct assess to the Queen and seeks her audience anytime. it may be classified as under:1) Princes of the Royal Blood: Their number is not more than two to three at a given time and they do not attend the meetings of House of Lords when it acts as a second chamber. The son of a deceased Lord or peer succeeds or steps into the shoes of his deceased father. And he must be a man with a clear vision. The composition of this House is very unique and different categories of Lords as they are also called as peers. the aim. He as such makes hectic speeches inside the country the goals. First. the Prime Minister is principle advisor to the Queen. The Queen stands between the Cabinet and Parliament and Prime Minister stands between the Cabinet and the Queen. ________________________________________ Question: What is British Parliament? Define in detail.demonstrates his staying power and savoir faire came out of any serious situation. 2) Hereditary Peers: About 90% of the total membership of the House of Lords. the British Parliament is bicameral. which runs to about one thousands belongs to this class. There was a time when the House of Lords had co-equal legislative powers with the House of Commons. For all practical purposes the House of Common is the real parliament and dissolution of the parliament means dissolution of the House of Common. FUNCTIONS & POSITION OF THE HOUSE OF THE LORDS i) Executive Powers: The House of Lords has no control over the executives. 1958. All important decisions are made and policies of formulated to run the affairs of the government by the Cabinet which is a part of the House of Common. 4) Scottish Peers: Scotland became a part of Britain in 1707 through an Act of Union passed by the British Parliament and at that time it was decided that the Scottish Parliament shall elect from amongst themselves about sixteen peers for the purpose of the House of Lords. it was decided that the Irish Parliament shall send some members from themselves for the purposes of the House of Lords and since the Irish Free State. 6) Lords of Appeal: House of Lords is the final court of appeal in England & Wales. But the Parliament Act of 1911 gave a fatal/great blow in the field of legislative powers . it is done by the Queen on the advice of the Prime Minister who is the Chief Executive and leader of the House of Commons. No such peers were to be filled-in for the purpose of the House of Lords. 7) Life Peerages Act. prorogued or dissolved. The Prime Minister with his colleagues is responsible and answerable to the House of Commons. Spiritual peers get their salaries. After their retirement their incumbents become the peers. _______________________________________ POWERS. Under this enacted law ladies may also be made peer or peeresses. About 09 Law Lords are appointed for life and paid salaries to act as Judges when the House of Lords act as the final court of Appeal or Supreme Court for England. However. ii) Legislative Power: When the parliament is summoned.3) Lord Spiritual / Spiritual Peers: About 21 arch bishops and 31 senior bishops as long as they are in the service of the church become ex-officio members of the House of Commons as long as they are in the government service. few ministers can be taken from the House of Lords but their number must not be more than two. The Prime Minister and other ministers must assist in the House of Commons which house represents every body whereas the House of Lords represent nobody. A no-trust or no-confidence move against the Cabinet or government can only be initiated on the floor of the House of Commons and no the House of Lords. 5) Irish Peers: When Ireland became a part of England in 1800. . the legislative power of this house or therefore. Ultimately. The Finance Minister of the country is traditionally known as Chancellor of exchequer. is not only a second chamber but has also become a secondary chamber. iii) Financial Powers: The House which is a selected House has no control over the finance. Answer: The House of Lords. which office is truly a negation of the separation of powers. which were curtailed by the said Act. Their speeches and works do not of any greater political significance but are very valuable and treated as assists by the student community and the reading public. The powers to reject a bill were taken away from the House of Lords and its wings were clipped. the following factors have led to the undermining/degrade of this house: i) The real defect lies in the composition of this House. The public money must vest in the House of Commons which are purely an elected Chamber/House and the people representatives must be the true custodian of the public and national exchequer. ex-Commander-in-Chief. The budget is the domain of the House of Commons and is to be presented only on the floor of the House of Commons and not the House of Lords. eminent Jurist. Ex-Lord Chancellor. levying of duties and in other financial matters. Again the Parliament Act of 1911 was further amended in 1949 through an amendment bill. imposition of taxes. scholars and great artists are only appointed or made as such Peers or Lords. it could not reject any bill sent to it by the House of Commons but only delay for sometime and then after the expiry of that time the bill automatically went to the Queen who always assented to it.of the House of Lords. About 90% of the total membership of this House pertains/relates to the hereditary class. no so vital. This is the only important function which may be attributed to the members of the House of Lords. Similarly public bills apart from the money bills could be only delayed and not rejected for one year and after the expiry of that time the bill automatically to the Queen to become a Lord after her assent. The Lord Chancellor is not only the Chief Justice of the country but also Law Minister and Chairman of the House of Lords. iv) Judicial Powers: The House of Lords is the final court of appeal for England & Wales. _______________________________________________________ Question: Why the importance of House of Lords has decreased?. which is attended only by the Law Lords acting as judges when it acts as the final court of appeal. v) Critical and Deliberative Body: Members of the House of Lords are of very high caliber and paragons of excellence. therefore. scientist. In fact. In money bills. further curtailing and undermining the prestige of this bill. This hereditary factor leads to the decline in powers and position of this House. ii) The other main factor which has led to the lowering down of the position of this House is its bias attitude. But it was brought clear his mind that through century struggle the evolutionary stages of history and the growth of conventions and the advancement of human amelioration/libration that . House of Lord and the Queen who is an integral part of the Parliament and it can make. nobody or authority can compete with the Parliament. When the Conservative Party comes into power. ______________________________________ iii) SUPREMACY OF PARLIAMENT The sovereignty of parliament means the legislative supremacy of the Parliament. The Court may. the supremacy of Parliament makes that no person. The Lords do not do their work seriously for the apparent reason that they have no vital control over the executive and legislative matters.e. this House only dittoes the policies and program of that party but when the other party comes into power the same House becomes a House of obstruction and distraction. amend and repeal any Law. This attitude to oppose only for the purposes of opposition has deteriorated the importance of this House to a greater extent. court will not in any case challenges validity of that Act. India and particularly in USA where any law or Act made by the Legislature is conflict or other wisely contravenes the provision of the Constitution can be declared as such un-constitutional and void (abinitio) exercising the power of Judicial review vested in the superior courts. it is passed by the House of Commons. it means that the House of Common. It is to be noted that the King as a person tried to compete with the Parliamentary Sovereignty on the ground that he is the source of all authority and everything is done in his name and on his behalf. what so ever. how so for it may be a bad law or even against public policies in its eyes.The son of a deceased Lord or Peer may not inherit the ability of his father. alter. it implies that the Court in England can not challenge or question Act any of the Parliament unlike Pakistan. It is the same case that the son of a mathematician may not be a good mathematician and a son of a politician may not be a good politician. unmake. however. ii) In the second sense. But it should not be taken that the English will take the drasticsteps to do away with this House especially which has given the credit to the nation to call itself as the mother of all Parliaments in the world. the House of Lords and that it is assented to by the Queen. find whether an Act of the Parliament is there i. The sovereignty of Parliament means (3) three things: i) In the first sense. It was made clear that legislation so for as is concerned is the sole prerogative of the Parliament. it was declared by the House of Lords . if any a subordinate to the parliamentary legislation. In the fames case of Vouchope Vs Eastern Railway Company. on the eve of the Queen ‘Ann’ dying issue less/sine-prole. The House of Common is the real Parliament. INSTANCES OF THE SUPREMACY OF PARLIAMENT i) Parliament Act of Settlement 1701: If the Queen of England is today is the Queen she is as such because of a Parliamentary title. The judge as authority also tried to compete with the Parliament on the ground of the judge made law. The mere fact that the powers of the House of Lord to reject a bill passed by the House of Common has been done away which does not allow the House of Commons to leapfrog the House of Lords. ii) Interference With Personal Vested Rights: The Parliament can interfere with the vested right of the people it can do anything but make to a man a woman and to a woman a man. In the third sense. The legal sovereigns on election as members of the Parliament are completely sovereign and not bound by the limitation or strictures. practically reducing the King a constitutional of theoretical head.iii) powers and prerogative which vested in him only has now been transformed into the privileges of the people of England. The King succumbed to all this change. the Sovereign of Parliament extends to the dominions. All that is to be seen or examined is that by court of law whether an Act of the Parliament exists that is it is passed by the House of Commons and is sent to the House of Lords under the Parliament Act of 1911 and assented to by the Queen. But it was clear that the voters who are the political sovereign. But if the Parliament declared to a man a woman he will be treated as a woman for he purposes of legal relationship. The Parliament Act of 1707 changed the line of descendant/inheritance on the ground of. The people or voters of consequences also tried to compete with the supremacy of the Parliament on the ground that it is they who cast their votes and elect their representatives and sent them to the Parliament. It can disinherit any person. The referendum is initiative or from that point of view the people veto is not recognize in England. elect the truly elected representatives of the people who become the legal sovereign and a legal sovereign is neither the agent or trusty of the political sovereign. The House of Commons as a body also tried to compete with the Parliament on the ground that for all practical purposes. No doubt at occasion judges gave decisions which let to fresh legislation but it should be taken for rented that judicial legislation. in the Stockdale Vs Heasord which laid down with principle that any bill passed the House of Common is resolution and it can become an Act of the Parliament only if it is onward transmitted to the House of Lords and the Queen has assented to it. But the claim of the House of Common miserably failed. No bill passed by the House of Common can be sent to the Queen unless it is sent to the House of Lords. THE LIMITATION TO THE SOVEREIGNTY OF THE PARLIAMENT. For the first time the Parliament extended its life from three years to six years in 1716 when Jacobite Revolution was in the air and it was rather difficult to hold the election and Parliament was forced to extend its life from three year to six years. (Aubi Alteram Partem). Similarly. An Act of Indemnity or a Statue of illegality as it is also called is to legalize such transaction which when took place were illegal in order to save the individuals from the illegal consequences of those acts. Similarly. v) Act of Union. in the country during the first and second war when it extended its life from five to ten years and later on reduced it during the peace time by enacting the Septennial Act. Parliament makes a law which is totally immoral . There are two types of limitation to the sovereignty or supremacy of Parliament: i) Supposed or assumed limitation: (a) Morality and International Law: Parliament shall not make any law which is opposed to morality or against the establish principles of international law and public policy. Suppose. The Act of Indemnity were for the first time passed in the 18th century when certain appointments made in the church did not carry the requisite qualification and at that time instead of canceling the appointment it was thought necessary to legalize the illegalities that had taken place in the best public interest in order to save the incumbent from the illegal consequences. iii) Act of Indemnity (Statutes of Illegalities): This is the highest illustration of the supremacy of the Parliament wherein it can legalize any illegality. Decrees and decisions made by the court cannot change the heart of the man but they can restrain the heart less. 1707: Scotland became a part of England by virtue of an Act of Parliament known as Act of Union 1707.as the final court of appeal that all that is to be seen the court is bound to decide the case before it according to the Law or Act even if it infringes with the vested right that no one is to be condemned unheard. iv) Septennial Act 1716: Parliament according to Septennial Act can extend and also reduce its life. Suppose. Parliament makes the laws which are subject to interpretation and application only by the judges of the law courts. Parliament makes a law one version which is moral and the other version is immoral it is very easy for the judge to decide the case before him according to the moral version of the Act. Morality can not be legislated but behavior may be regulated. Ireland had become a part of England in 1800 only by virtue of an Act of Union which established the supremacy of Parliament not with standing the fact and circumstances which let to the accession to the country of England. at different points of history the Parliament had took do so when there was turmoil/restiveness. A truly democratic legislature of course consists of those people who are states man think of the next generation as well. The same blood runs into the vans of the truly elected representative of the people with runs in the veins of the people themselves. But when everything in this universe is subject to mutation. cruel or even with a sadistic in character can afford to make such laws which the people may disobey. The people and the members of the Parliament are sons and daughters of the same soul. Real and Actual Limitation: There are two types of Real and Actual Limitation: (a) External Limitation: External Limitation to the power of Sovereign consists in the fact that a majority of the people will obey or disobey the law. the need to have permanent values. feelings and passions coincide with each other.(b) ii) what the judge shall do?. . as he may be despotic. It is a matter of jeans which reflects automatically through their actions and deeds and this is the reason that when the Parliament makes the laws it keeps the wishes of the people. Indeed a politician thinks of the next election and a states man thinks of the next generation. Parliaments passed the Indian Independence Act in 1946 which led to the creation of India and Pakistan as to independent States. It may also be noted that the same British Parliament which ruled the Indian sub-continent with a rode of Air Land contrary to the passed. (Quando Alicul Aliquid Consedered) Act of the Parliament: No one Parliament is bound by the Acts of its predication nor it can bind its successors because it will affect the supremacy of the sitting or existing Parliament. howsofor. their needs and the pervasive intact. He knows that any disobedience to the despotic laws leads to restlessness chaos and anarchy and for his own sake and pleasures of life will lead him to crises and to quell the rights. in that event the judge shall act as a man of ordinary prudence and wisdom. No Sovereign. Legislation is a very high function and when the members of the Parliament make the laws they do it with due care and attention keeping in view the needs of the people at large. (b) Internal Limitation: Internal Limitation to the power of the Sovereign consists in its very nature. Other wisely it becomes very difficult to unmake and already existing law that is good. They are not outlander and their wishes. need not to be ignored. However. the Judges or Police Officers come within the exception in to faithful and honest performance of their duties. rule of law means that every person is equal before law. (Ex Aequo). “Everyone is equal before law”. The people enjoys emanate from the Constitution and in case these right or anyone of them is missing in the list given in the Constitution the people or any aggrieved person can not lay his claim on the right missing as such. This means that the rights are the creators and not the creature of the Constitution. ORDINARY LAW OF THE LAND Ordinary law of the land is the supreme law and when there is breach of law distinctly nobody should be allowed to go scot-free. In England every person from in ordinary peasant to the Prime Minister are equal before law. it means that no person can be made to suffer in bodies or goods except for a distinct breach of law established in the ordinary legal manner before the ordinary courts. In the third sense. (Fiat Justicia Rual Caelum). the greatest defect of equality is that we only desire to be equal to our superiors. the creation of special court is a negation of the great principle of rule of law in England which ultimately leads to discrimination and victimization. This means the access of the complete arbitrary authority lying with the executive in the modern times in different developing countries loss pertaining to temporary detention. ii) In the second sense. India or the United State of America the people enjoys the fundamental or basic rights as confined in their written Constitution which leads to believe that the fundamental rights. It is said that. Rule of law means supremacy of the law and it may be understood in three different senses in England. Therefore. simple imprisonment etc are made by the Government with ulterior purposes do harass there opponents which s the negation of the rule of law in England. clinches the doctrine of equality. i) In the first sense. it means that rules of constitutional law are the result or consequences of the rights of the people determined by the courts in particular cases brought before them for determination.Rule of Law (Law is rule over the Rulers) Rule of law is another dominant feature/characteristic of the British Constitution after the supremacy of Parliament. In Pakistan. it is basic or fundamental. how so for as. whatever his position or status may be. iii) . 1911 Masud Khalid Saad Masudkhalid40@yahoo. 7. and position of the British Monarchy with special reference to the Royal prerogatives. Lord Chancellor ii. Discuss the powers and functions and position of the British Prime Minister. 4. 11. 3. Parliament in England is supreme “Discuss”. 8. Discuss the powers. Discuss the salient features of the British Cabinet System. What are conventions of the Constitution? Why conventions are obeyed? What is rule of Law? Discuss the rule of law as it prevails in England. Discuss the salient features of British Constitution. 9. 6. Discuss the law making procedure in the Parliament. 5.QUESTIONS OF BRITISH CONSTITUTION 1. 2. Privy Council iv. Why Cabinet is the dictator of the country. Write notes on the following: i. 10. Discuss the sources or elements of the British Constitution. Speaker of the House of Common iii. Discuss the power function and composition of the House of Lords and the House of Commons.com 0333-4047540 . Parliament Act. functions.