Characteristics of the Constitution of the United Kingdom

Unitary constitution:

The United Kingdom constitution was traditionally described as unitary as opposed to federal or confederal. Devolution and other constitutional reforms introduced since the election of 1997 have led, however, to the suggestion that the constitution should now be described as quasi-federal." A union of England, Wales, Scotland and Northern Ireland constitute the United Kingdom. The state for the purpose of international relation is the United Kingdom.

Unwritten constitution:

The British constitution basically is an unwritten nature. There is no single document in UK which can be said to contain the general principles of political governance. The laws of the British constitution contain statute law, common law, custom and constitutional conventions. Some of the principles of the British Constitution are contained in formally unrelated Acts of Parliament, such as the Act of Settlement, 1700 and the Parliament Acts 1911 and 1949. Many of the principles of British constitutional law are to be inferred from decisions of the courts in particular cases, such as the extent of the liberties of the citizen, resolution in disputes between individual and the executive. A custom in private law is a rule of conduct which has not been adjudicated upon by the courts, but which would be recognized and enforced by the courts if the matter came before them. The British constitution is the product of evolution and the result of slow and steady development. It has grown like an organism and developed from age to age.

A Flexible Constitution:

The British Constitution is flexible because any principle of the constitution can be altered by the same body in the same manner as any other law. There is no codified and basic constitutional law that has superior sanctity to statutory law. The procedure to alter the constitution or any other rules of law is the same. There is legislative supremacy of Parliament and the courts have no power to review parliamentary legislation and declare it unconstitutional.

Sovereignty of Parliament:

The British Constitution establishes supremacy of Parliament. It means that parliament is supreme. Positively this means parliament can legally pass any kind of law whatsoever; negatively it means that there is no person or body which can challenge any act of parliament.

Limited Monarchy:

The British Constitution provides for limited or constitutional monarchy as opposed to absolute monarchy. In other words, the governmental powers which as a matter of legal form are vested in the Queen are in practice exercised in accordance with the laws customs and conventions of the constitution; and they are exercised either by the Queen on the advice of her Ministers or by the Ministers in her name.

Responsible Parliamentary Government:

Parliament exercises supreme control over all branches of the government. Ministers are responsible to the parliament. They defend their conduct there, and continuance in office depends on retaining the confidence of the Commons, and they can appeal to the electorate to return an assembly that will support their policy.

Constitutional conventions:

Conventions refers to rules of political practice which are regarded as binding by those who operate the constitution whom they concern-especially the Sovereign and statesmen but which would not be enforced by the courts if the matter came before them. The lack of enforcement distinguishes conventions from laws in the strict sense. In case of British Constitution these conventions play extremely important part. It is constitutional conventions that describe and explain how the constitution works, how it lives and grows.

Judicial Independence:

Before 1688 judges could be dismissed by the King at his will. The Bill of Rights, 1688 and the Act of Settlement, 1700 provided provisions for independence of the judiciary. Some of the provisions are found in the Judicature Acts, Appellate Jurisdiction Act, 1876 and the Supreme Courts Act, 1981. Their effect is that judges of the superior British Courts may not be removed except for misbehavior in their office of conviction of some serious offence. There are now statutory retiring ages and adequate provisions for ascertainment and establishment of salaries.

Mixed Separation of Powers:

There is not, and never has been a strict separation of powers in the English Constitution in the sense that legislative executive and judicial powers are assigned respectively to different organs, nor have checks and balances between them.25 The Crown has always been an element in the exercise of all three powers. The Cabinet and other ministers are members of the legislature. Most notably, the Lord Chancellor presides over the Second Chamber, is the Head of the Judiciary and is a Cabinet Minister.

Rule of Law:

One of the fundamental principles of the British Constitution is rule of law. Rule of law according to Dicey, implies three things, namely, the absence of arbitrary power, equality before law and guarantee of rights of people. It is based the Common Law of land and is the product of centuries of struggle of the people for the recognition of their inherent rights and privileges.

No distinct System of Administrative Law:

Administrative law determines the powers, organization and duties of administrative authorities. In Civil Law countries like France and Germany there are distinct system of administrative law and courts. But Administrative Law is a part of Constitutional Law in the United Kingdom and there is no distinct system of administrative courts.

Human Rights:

The Human Rights Act 1998 incorporates the rights enshrined in the European Convention on Human Rights and Fundamental Freedoms into domestic law represent a fundamental change in the protection of human rights.

Hereditary Character:

The British Constitution is the expression of hereditary principle. Monarchy rests on the hereditary principle and the House of Lords contains hereditary peers. It is true that neither the King nor the House of Lords play any effective role in the political set-up of the country yet they are continuing.

Bicameral Legislature:

The United Kingdom legislature is composed of two Houses. The House of Lords is the upper House of Parliament, and the House of Commons is the lower House of Parliament.

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