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British constitution is oldest, unwritten, evolved - P.G.G ...cms.gcg11.ac.in/attachments/article/259/SOURCE AND... · • British constitution is oldest, unwritten, evolved ... Prof

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Page 1: British constitution is oldest, unwritten, evolved - P.G.G ...cms.gcg11.ac.in/attachments/article/259/SOURCE AND... · • British constitution is oldest, unwritten, evolved ... Prof
Page 2: British constitution is oldest, unwritten, evolved - P.G.G ...cms.gcg11.ac.in/attachments/article/259/SOURCE AND... · • British constitution is oldest, unwritten, evolved ... Prof

• British constitution is oldest, unwritten, evolved and dynamic in nature . In this context, Prof. Munro writes, “The British constitution is complex amalgam of institutions, principles and practices. It is composed of charters and statutes, of judicial decisions of common law, of precedents, usages and traditions. It is not one document but hundreds them. It is not derived from one source but from several. It is not a complete thing but a process of growth. It is a child of wisdom and of chance whose course had been sometimes guided by accident and sometimes by high design.”

Page 3: British constitution is oldest, unwritten, evolved - P.G.G ...cms.gcg11.ac.in/attachments/article/259/SOURCE AND... · • British constitution is oldest, unwritten, evolved ... Prof

• 1. GREAT CHARTERS AND PETITIONS- (i)Magna Carta(1215) signed by King John.(ii) Petition of Rights (1628) signed King Charles.

• 2. ACTS OF PARLIAMENT- In the 19TH and 20th century various reform Acts were passed by the British Parliament. For Example- Reform Act 1832,1867,1884,1918,1928 etc.

• 3. JUDICIAL DECISIONS- British Courts have given decisions from time to time regarding the principle of the supremacy of Parliament, Judicial control over government employees, deforming the frame-work of the liberties and for curtailing the prerogatives of the king. Some leading cases are- Bainbridge V/S Postmaster General, Beally v/s Gillbank, Wise V/S Dunning , Osborne v/s Amalgamed Society. Liversidge v/s Anderson etc.

Page 4: British constitution is oldest, unwritten, evolved - P.G.G ...cms.gcg11.ac.in/attachments/article/259/SOURCE AND... · • British constitution is oldest, unwritten, evolved ... Prof

• 4. COMMON LAWS-These laws are based on usages which the people have been accepting for centuries.

• 5. CONVENTIONS OF THE CONSTITUTION- Conventions are not the product of a particular time, rather they grow automatically with the time and these are obeyed because of their utility.

• 6.VIEWS OF CONSTITUTIONAL EXPORTS-In England , the following books and commentaries of the constitutional experts are respected:

• (i) English Constitution by Begehot, (ii) Parliamentary Treaties by May, (iii) Laws of constitution by Dicey, (iv) Parliamentary government in England by Laski , (v) Constitutional Law by Wade and Philips.

Page 5: British constitution is oldest, unwritten, evolved - P.G.G ...cms.gcg11.ac.in/attachments/article/259/SOURCE AND... · • British constitution is oldest, unwritten, evolved ... Prof

• Oldest constitution

• Unwritten Constitution

• Evolved Constitution

• Flexible constitution

• Parliamentry form of government

• Limited and Hereditary Monarchy

• Supremacy of Parliament

• Bi-cameral Legislature

• Unitary Government

Page 6: British constitution is oldest, unwritten, evolved - P.G.G ...cms.gcg11.ac.in/attachments/article/259/SOURCE AND... · • British constitution is oldest, unwritten, evolved ... Prof

• Rule of law

• Provision of an Independent Supreme Court

• Bi-party system

Mixed government

Gap between Theory and practice

Convention based constitution

Child of Accident and Design

Separate Parliament for Scotland and an Assembly for Wales.

Page 7: British constitution is oldest, unwritten, evolved - P.G.G ...cms.gcg11.ac.in/attachments/article/259/SOURCE AND... · • British constitution is oldest, unwritten, evolved ... Prof

• Unlike the citizens of India and America, the citizens of England do not enjoy any written rights.However, even then they enjoy the rights like the citizens of India and America. These are-

• Right to personal freedom

• Right to freedom of speech and Expression

• Right to take out Processions and Public Meetings

• Right to Press

• Right to Religious freedom

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Right to form Political Associations

Right to vote and Contest Elections

Right to hold Public Office

Right to private property

Right to work

Right to social security

Page 9: British constitution is oldest, unwritten, evolved - P.G.G ...cms.gcg11.ac.in/attachments/article/259/SOURCE AND... · • British constitution is oldest, unwritten, evolved ... Prof

In British Constitution, some new trends have emerged which are described briefly as below-

1. It is Cabinet,not Parliament which is dynamo of the Political Machine

2. Multiplicity Of Political Parties

3.Increasing influence of Bureacracy

4. Increasing use of Delegated Legislation

5. Interference in the Administration of local Government.

Page 10: British constitution is oldest, unwritten, evolved - P.G.G ...cms.gcg11.ac.in/attachments/article/259/SOURCE AND... · • British constitution is oldest, unwritten, evolved ... Prof

6.Establishment of separate Parliament for Scotland and Assembly for Wales

7.Provision of an elected Speaker for the House of Lords.

8. Provision of an independent Supreme Court in England.

Page 11: British constitution is oldest, unwritten, evolved - P.G.G ...cms.gcg11.ac.in/attachments/article/259/SOURCE AND... · • British constitution is oldest, unwritten, evolved ... Prof

In conclusion, we can say that in spite of having unwritten, most of its parts based on conventions, the constitution of England is working successfully . The citizens of England enjoy all kinds of rights and liberties. Being dynamic in nature, it has capacity to cope with all kinds of situations.

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Dr. S.R. Mahashwari,“Comparative study of Governments and Politics” Lakshmi Narain

Agrawal, 2004

J.S. Badyal, “Comparative Political systems and International Politics” ,Raj Publishers,

2013.

Dr. Gulshan Rai, S.N. Verma and V.P. Verma, “Comparative Political systems and

International Politics” Joyoti Book Depot Pvt. Ltd. 2008.

K.R. Bombwal, “ Comparative Constitutions”, Modern Publishers, 1978.

J.C. Johari “Modern Political system”, Sterling Publishers, 1972.