Course Contents:

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 1668 – no 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., and Common
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 objection 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. No will be tried in two cases at a time.

2. Law of evidence emerged.
3. Safeguards are provided for the retention of property.
4. Impartial judgement came into existence.
5. 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 people’s
thinking are towards good laws. People’s 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 object 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. Parliament’s 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 Objectives 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 Minister’s 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 objectives.
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. Cabinet exercises all powers of government,
which is part of parliament.

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 people’s 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 non-monetary
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 or individual like Indemnity, Railway, Airline,
Corporation etc.

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, object, 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.