Salient Features of the British Constitution:-
Salient Features of the British Constitution:-
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Features of the British Constitution.
The constitutions of all countries have some basic features. Therefore, the discussion regarding the features of the constitution of any country is considered essential and very important. This is also fully applicable to the British Constitution. Rather, the discussion regarding the features of the British Constitution is more important. Because the British Constitution has had a significant influence on the governance of different countries of the world. Among the constitutions in force in different countries today, the Constitution of Great Britain is the oldest. According to Professor Munro, “The British Constitution is the mother of all constitutions, the British Parliament is the mother of all parliaments.”
1) Essentially unwritten:-
A key feature of the British Constitution is that it is essentially unwritten. Among the modern systems of government in the world, the British Constitution is a notable example of an unwritten constitution. The basic principles of the British constitution are not written down in any single document. The basic principles of this constitution are spread among various constitutional customs, reforms, precedents, customs, etc. Unlike the constitutions of countries like India, the United States of America, there is no formal written document as the constitution of Britain. Because this constitution was not written by any 'National Assembly' at any particular time. For this reason, the basic rules and regulations of the British system of government are not found in a well-organized written form in a single document. The basic principles of the British system of government are spread among many customary laws, constitutional customs, various precedents, etc.
(2) Unitary: -
The structure of the British system of government is unitary. In a unitary system of government, all the power of the government is concentrated in the hands of a single central government. However, there may be one or more regional governments for administrative convenience. But all these local governments have their own and independent existence or power. Local governments are dependent on the central government. The structure and nature of the British system of government is like this. All the powers of law and administration in Britain are located in London. As the central legislature, the British Parliament is the one who has the sovereign power. For the convenience of governance, there are also some local governments like counties, boroughs etc. here. All these regional governments also have some powers.
(3) Parliamentary Democracy: -
A democratic system of government based on parliament is prevalent in Britain. Britain is considered as the motherland of the parliamentary system of government. Mackenzie said: “...it is England which is the mother of parliaments.” The main features of the parliamentary democratic system of government in Britain are: (a) the difference between a constitutional ruler and a de facto ruler, (b) the responsibility of the real ruler to the legislature, (c) the absence of the principle of separation of powers, (d) a strong opposition party, etc.
(4) Absence of the principle of separation of powers: -
The French philosopher Montesque spoke about the existence of the principle of separation of powers in the British system of government. But in fact, the absence of the principle of separation of powers in the British system of government is considered a major feature. In the British system of government, the same person is associated with more than one department, one department interferes in the work of another department and if necessary, one department also does the work of another department. The King or Queen of Britain is the highest authority of the executive branch. They are also an integral part of the legislative branch. Therefore, the British Parliament is called the Parliament with the King or Queen.
However, in Britain today, emphasis is placed on the independence and impartiality of the judiciary. The judiciary has been completely freed from the control of the legislative and executive branches.
(5) Flexibility :-
The British constitution is essentially unwritten and flexible. The constitution which can be changed or amended by the method of passing common law is called a flexible constitution. No special complex procedure is required to change the British constitution. Any rule or regulation of the British constitution can be amended by the same method as the common law is passed. Apart from that, the British constitution is mainly based on customs, precedents, traditions, etc. And most of these are unwritten and easily flexible.
(6) Gap between theory and reality:-
The gap between the theoretical and practical form of the British constitution is considered a significant feature. In Britain, there is a considerable difference in its application in practice with the basic principles of the constitution. In theory, the King or Queen of Britain is the center of all power. And the members of the cabinet are only the advisors to the king. In Britain, all work is done in the name of royal power. In Britain, the government order is the king's order. British law is the king's law. The king is the source of justice. In practice, however, the powers of the king or queen are only formal. The real power in the British system of government is vested in the cabinet.
(7) Undemocratic elements:-
The British system of government is basically democratic. But still there are some undemocratic elements in this system of government. First, the monarchy is still considered essential in Britain. In theory, the king or queen is the only source of all power in the government. Secondly, the House of Lords, the upper house of the British Parliament, is also an undemocratic institution. Because its structure is undemocratic. Its members are not elected by the people. They inherit their membership. This system is undemocratic.
(8) Weak judiciary: -
The British judiciary is not as strong as the American judiciary. The American Supreme Court can declare any law null and void due to unconstitutionality or violation of the principle of justice. The British judiciary is not so strong, but rather quite weak. The British judiciary does not have the power mentioned by the American Supreme Court. The British judiciary can only interpret the laws made by the Parliament, but cannot judge the validity of the law.
(9) Two-party system: -
The political party system of Britain is considered an example of a two-party system. The Conservative Party and the Labour Party are the two main political parties in Britain. There are one or two other political parties in Britain, but these two parties have established dominance.
(10) Predominance of Constitutional Conventions:-
Constitutional conventions are of great importance in the British constitutional system. They are not enforceable by the courts. Therefore, they have no legal value. Yet the structure of the British constitution is built on and survives on these constitutional conventions. According to Jennings, constitutional conventions bring the dry structure of law to life and connect the constitution with changing ideas.
(11) Rights of citizens:-
Recognition of civil rights is an important feature of the liberal democratic system. The British system of government is known as one of the strongholds of liberal democracy. British citizens can also enjoy certain rights. But unlike India or the United States of America, civil rights are not written in any document or constitution. Yet British citizens enjoy more personal freedom and civil rights than citizens of other countries.
(12) Rule of Law:-
Rule of law is considered a particularly important feature of the British system of government. Rule of law refers to the well-established supremacy of law in the system of government of the country. The concept of rule of law has emerged from the concept of natural law. Rule of law is a fundamental principle of the British constitution. The contribution of the principle of "rule of law" in limiting the power of the ruler and expanding the ideals of people's rights and justice is undeniable.
(13) Sovereignty of Parliament: -
The legal supremacy of Parliament is well established in the British system of government. This sovereignty of Parliament is one of the most important constitutional principles and features of the British system of government. This legal supremacy of Parliament is the main foundation of the British system of government. In the British system of government, Parliament can pass, change, or repeal any law. The power of Parliament in making laws is legally free and unlimited.
(14) Result of evolution: -
Evolution and continuity are considered to be one of the most important features of the British system of government. This system of government was not written on a specific day in a well-planned manner by any constituent assembly or national organization. For a long time, the country's social, political and economic development system of governance has been formed and evolved in stages.
(15) Monarchy and Republic:-
In theory, monarchy and republic are opposing systems of government. Monarchy refers to a hereditary system of government. And in a republic, there is no hereditary position. In a republic, the position of the head of state is elective. Therefore, from this point of view, the combination of monarchy and republic is impossible in the governance of the same country. In Britain, however, a novel combination of both these systems has taken place. Britain is considered to be the holder of liberal democracy. At the same time, like monarchy, the hereditary system has also continued its existence in Britain as a very ancient institution. | There is still a monarchy in Britain. But this monarchy has no real power. The king or queen of Britain is only a constitutional ruler. The royal power has no real power. The real power is vested in the cabinet.
However, there is no such conflict between this monarchy of Britain and the republic. It is said that the British monarchy has been democratized. As a result, its coexistence with the republic has not been difficult. Over the course of centuries, Britain's extreme monarchy has become a 'crowned republic'.
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