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Theme “State System of the u.K.” Part2 British Constitution

The Constitutional monarchy means that the power of a monarch is limited by the Constitution and an elected Parliament.

Peculiarities of the British Constitution:

  • there is no written constitution/the British constitution is unwritten;

  • it is not contained in any single document.

The British Constitution comes from the variety of sources:

  • Historical documents/statutes, e.g. "Magna Carta" (1215) - nobles forced King John to sign this document according to which the power of a monarch was limited; a monarch should rule in accordance with law and custom; people had right resist an unjust king.

  • Laws/Acts of Parliament, e.g.:

  • The Bill of Rights (1689) - Parliament should be freely elected; freedom of speech; no taxation without the agreement of parliament; no power for king to suspend any law; the army could be raised only with Parliament's agreement, etc.;

  • The Act of Settlement (1701) – gave Parliament the right to decide upon the succession to the throne;

  • The Representation of the People Act (1918) - women received the right to vote; ruled for holding elections, etc.

  • The Act of 1999 – abolished hereditary principle in the House of Lords.

  • Constitutional matters decided in a court of law.

  • Customs/conventions - established practices/accepted way in which things are done/unwritten rules, e.g.:

  • convention of the Queen to accept the legislation passed by Parliament;

  • convention of the ministers to support a minister in trouble, etc.

  • The works of constitutional experts on the subject of constitution.

Basic Principles of the Constitution:

  • the Rule of Law;

  • the Rule of Custom:

  • the Supremacy of Parliament.

U nwritten Constitution

Supporters (pros)

It is flexible, easy to amend

Rejecters (cons)

The public doesn’t have access to this important document it should be written and confied as one single text

The amendments to the Constitution are made by a simple majority support in both Houses of Parliament followed by the Royal Assent.

Separation of Powers under the British Constitution:

  1. the Legislature/legislative branch (makes laws) - represented by Parliament;

  2. the Executive/executive branch (puts laws into effect and plans policy) - represented by the Cabinet;

  3. the Judiciary/judiciary branch (decides on cases that have to do with the breach/violation of law) - represented by the Law Lords and the Judicial Committee of the Privy Council (advisory organ of a British monarch).

Britain does not have a very strict separation of powers (unlike the USA), i.e. all the branches merge:

  • the Prime Minister as well as other ministers belongs to the Executive, but he is also an active member of the Legislature because he is an MP (member of Parliament/the House of Commons);

  • the Lord Chancellor is a member of the Cabinet (the Executive) as well as the Head of the House of Lords (the Legislature);

  • the Law Lords are the members of the House of Lords (the Legislature) as well as the members of the Judiciary (they are actually the Supreme Judges).

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