1. Constitutions and Characteristics of the British Constitution PDF

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Constitutions and Constitutional Law The United Kingdom may not have a written constitution, in the sense of a singe document entitled, ‘The Constitution’ but undoubtedly has a constitution. No organisation can work effectively without ground rules setting out who is responsible for doing particular things. For example, who gets a say in appointing the head of the university? In the absence of rules and regulations, people might end up being treated in unacceptable manners if the authority of those in power is not subject to appropriate and effective limits. Therefore, it is very important that there are widely accepted rules concerning the arrangements for governing the country and for changing how it is run – and by whom – if a particular government, or an aspect of the system of government, is felt to be deficient. How is a Prime Minister chosen? How often must elections be held? Constitutions organise, distribute and regulate state power. They set out the structure of the state, the major state institutions, and the principles governing their relations with each other and with the state's citizens. Britain is unusual in that it has an 'unwritten' constitution: unlike the great majority of countries there is no single legal document which sets out in one place the fundamental laws outlining how the state works. Britain's lack of a 'written' constitution can be explained by its history. The British Constitution has evolved over a long period of time, reflecting the relative stability of the British polity. It includes an accumulation of various statutes, conventions, judicial decisions and treaties. It is thus more accurate to refer to Britain's constitution as an 'uncodified' constitution, rather than an 'unwritten' one. It has been suggested that the British Constitution can be summed up in eight words: What the Queen in Parliament enacts is law. This means that Parliament, using the power of the Crown, enacts law which no other body can challenge. Parliamentary sovereignty is commonly regarded as the defining principle of the British Constitution. This is the ultimate law-making power vested in a democratically elected Parliament to create or abolish any law. Other core principles of the British Constitution are often thought to include the rule of law, the separation of government into executive, legislative, and judicial branches, and the existence of a unitary state, meaning ultimate power is held by 'the centre' - the sovereign Westminster Parliament. The British Constitution is derived from a number of sources. Statutes are laws passed by Parliament and are generally the highest form of law. Conventions are unwritten practices which have developed over time and regulate the business of governing. Common law is law developed by the courts and judges through cases. The UK's accession to the European Communities Act 1972 has meant that European law is increasingly impacting on the British Constitution. The UK is also subject to international law. Finally, because the British Constitution cannot be found in any single document, politicians and lawyers have relied on constitutional authorities to locate and understand the constitution. .

Constitutions and Constitutional Law...