PLS: DSC 251 - World Constitutions

Unit 1: The United Kingdom

Table of Contents

1. Characteristics of the UK Constitution

The Constitution of the United Kingdom is unique because it is not contained in a single document. It has evolved over centuries through a combination of statutes, conventions, and judicial decisions.

Uncodified Nature

Unlike the US or Indian constitutions, the UK constitution is uncodified. This means there is no supreme document that holds higher legal status than regular Acts of Parliament.

Evolutionary Growth

The British political system is the result of gradual historical development rather than a revolutionary break from the past. It has transitioned from an absolute monarchy to a constitutional monarchy and a parliamentary democracy.

Unitary State

The UK is a unitary state, where supreme power resides with the central Parliament at Westminster. While there has been significant devolution of power to Scotland, Wales, and Northern Ireland, legal sovereignty remains centralized.

Parliamentary Sovereignty

This is the cornerstone of the British Constitution. It implies that Parliament can make or unmake any law, and no person or body is recognized by the law as having a right to override or set aside the legislation of Parliament.

Rule of Law

The constitution is governed by the principle that every citizen is subject to the law, including lawmakers themselves. This ensures that the exercise of arbitrary power is prevented.

2. The Crown: Powers and Functions

In the UK, a distinction is made between the Monarch (the individual) and The Crown (the institution). The Crown represents the sum total of governmental powers and is the symbolic head of the executive, legislature, and judiciary.

Constitutional Monarchy

The UK is a Constitutional Monarchy. This means the Monarch "reigns but does not rule". The actual exercise of power is carried out by the Prime Minister and the Cabinet in the name of the Crown.

Executive Powers

Legislative and Judicial Role

The Monarch summons, prorogues, and dissolves Parliament. Judicially, the Monarch is the "fountain of justice," although justice is administered by independent courts.

Formula: The King/Queen can do no wrong (Legal maxim implying the Monarch acts only on advice).

3. The Prime Minister: Role and Functions

The Prime Minister (PM) is the real executive head of the UK government. The office is based largely on constitutional convention rather than law.

Appointment and Position

The Monarch appoints the leader of the party that has a majority in the House of Commons as the PM. The PM is the "keystone of the Cabinet arch".

Main Functions

Powers of Patronage

The PM recommends the appointment of senior judges, bishops, and life peers to the Monarch, giving the PM significant influence over various national institutions.

4. The Parliament: Structure and Powers

The UK Parliament is a bicameral legislature, consisting of two houses: the House of Commons and the House of Lords.

House of Commons

The House of Commons is the lower house but the most powerful one. It consists of 650 Members of Parliament (MPs) elected by the people.

House of Lords

The House of Lords is the upper house. It consists of life peers, hereditary peers, and bishops.

The Legislative Process

For a bill to become an Act, it must pass through several stages in both houses (First Reading, Second Reading, Committee Stage, Report Stage, Third Reading) and receive Royal Assent.

5. Exam-Oriented Preparation

Exam Tips

  • Understand Conventions: Many aspects of the UK system (like the PM's powers) are not written in law. Use the word "Convention" frequently in your answers.
  • Bicameralism: Be ready to explain the relationship between the two houses and why the House of Commons is more powerful.
  • Parliamentary Sovereignty: This is a favorite exam topic. Memorize the definition given by A.V. Dicey.

Common Mistakes

  • Do not say the Monarch has no power. They have "latent" powers that are exercised on advice.
  • Do not confuse the "Monarch" with the "Crown." The Crown is a permanent institution, while the Monarch is a person.
  • Avoid saying the UK has no constitution. It has an uncodified one, not none.

Frequently Asked Questions

Q: What is the "Royal Prerogative"?

A: These are powers historically held by the Monarch that are now exercised by the government, such as declaring war or issuing passports.

Q: Can the House of Lords stop a tax bill?

A: No. Under the Parliament Acts of 1911 and 1949, the House of Lords has no power to block "Money Bills."

Mnemonics

P-E-U: Features of the UK Constitution - Parliamentary Sovereignty, Evolutionary, Uncodified.