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UK’s ConstitutionConstitution: A constitution is a set of rules which regulates or governs the behavior of those individuals who are forming part of
the state. The state comprises 3 arms, namely the legislative (the law-making body), the executive (the law implementing body), and
the judiciary (the law interpreting body).
State: makes, implements, and interprets the Laws. (L.E.J)
Uk’s Constitution:
● In modern states, there is a requirement that the constitution should be codified in a single text. Most of the modern states have
developed a codified constitution as a result of a revolution (revolution: change of power).
For example, The US constitution is a product of the US War of Independence. Similarly, Pakistan's constitution is a result of
the independence it gained from the British empire.
● On the other hand, the UK has not seen a revolution in its history & hence it has only been subjected to an evolutionary
process. The UK has evolved from being a pure monarchy to a constitutional monarchy. Where the monarch is subjected to a
constitution.
● The UK’s constitution is found in multiple different scattered sources. Such as:
1) Acts of parliament/ statutes: [only those acts of parliament are considered as part of the constitution which apply to
state officials. Eg: Magna Carta, etc.
Magna Carta: A document that gave certain rights to the English people. It started to protect their rights and
property against a tyrannical king.
2) Case laws/ common law: The laws made by the courts,
3) Constitutional conventions: These are rules of constitutional behaviors which are considered to be binding upon the
state officials but are not legally enforced by the courts.
Breach of conventions will not have legal repercussions but rather will only have political repercussions. Eg:
● The Queen will never refuse Royal courts.
● The Queen will always appoint the leader of the ruling party as the PM.
● The Queen will always act on the advice of ministers.
● The ministers will be selected by the PM from the elected members of the parliament.
● Ministers will have to answer questions in the parliament & if they fail to do so, they must resign.
● The government will refrain from office as long as it refrains the confidence of the parliament.
➔ The UK’s constitution is partially unwritten due to the unwritten nature of conventions.
Elements of a modern constitution:
A constitution is considered to be modern if it archives the following aims:
1) Limitation of power
2) Separation of power
3) Accountability of the government
4) Protection of civil liberties.
Key principles of UK’s Constitution:
1) Rule of Law: (Every individual & the state must act in accordance with the law as applicable upon them.)
2) Parliamentary Supremacy: (Parliament is supreme, The parliament has unlimited law-making powers).
3) Separation of powers.
4) Curtailment of Royal Prerogatives.
5) Devolution of powers to Scotland, Wales, & Northern Island.
, 6) Accountability of the government through conventions.
7) Judicial Review.
8) Protection of Human Rights.
-The parliament is NOT bound by its predecessors.
Royal Prerogative.
(Powers of the crown.)
● These are the broad & discretionary powers of the crown given by common law.
● William Blackstone (1765) defined Royal Prerogative as “special pre-eminence'' which the king has over & about ordinary
citizens in right of his legal dignity.
● Author Dicey (1888) defined RP as “Residue of discretionary powers” which at any time are legally left in the hands of the
crown.
(A V Dicey: ‘Every act which the executive Government can lawfully do without the authority of an Act of Parliament is done in virtue
of the prerogative)
Examples of Royal Prerogatives:
1) The crown had the process to govern the state, appoint ministers, impose taxes, declare war, etc.
2) The crown had the powers to dissolve the parliament.
3) The crown has the power to give honorary titles.
The Royal Prerogatives (RP) has been abolished, limited, and regulated over time to such an extent that now it can be stated that
no RPs exist today. Even if it does so, his powers are exercised by ministers/ government officials. In a limited manner & are
subjected to accountability.
Why limit/ restrict/ abolish RPs?
1) To uphold rule of law. (to ensure limitation of powers)
2) To ensure democratic legitimacy.
3) To ensure the protection of human rights.
In order to abolish royal prerogatives → abolish the monarchy → Have a confined constitution.
Reforms of RP.
Early Reforms:
1) Magna Carta, 1215 → This document restricted the king’s powers to punish a person without a breach of law. (It was the 1st
ever constitutional document)
2) Case of prohibition, 1607 → the court held that the king cannot decide a case by himself. Cases are to be decided by the
courts.
3) Case of proclamation, 1611 → the court held that the king cannot make laws by himself. (without permission of the
parliament).
4) Bill of rights, 1689 → this document gave away. The powers to impose taxes & to keep armed forces during peace to the
parliament. (Through the Bill of Rights, all the powers went onto the parliament from the crown.)
Development of Conventions:
1) Over a period of time, conventions developed by way of which the crown’s personal involvement in the exercise of RPs was
limited, and the powers were effectively exercised by ministers.
2) Moreover, the crown’s personal choice in the appointment of ministers was reduced and a convention developed that the
queen will always appoint such a person as prime minister (PM), who can command the confidence of a majority in the House
of commons. (elected members of the parliament).
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