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SOURCES OF BRITISH CONSTITUTION
1. Introduction:
The British constitution has been derived not from single source but from different sources. It can be understood by long series of acts. Traditions and judicial decision. We can divide these sources into five groups. The classification is descussed subsequently.
2. Conventions:
Conventions mean those customs or understandings as to the mode in which various members of legislative body should exercise their discretionary authority. The most important conventions in England are the following:
(i) The Qreen or king must accept the advice of the Cabinet.
(ii) The Parliament must meet at least once a year.
(iii) The leader of the major party in the House of commons must be appointed as the Prime Minister.
(iv) The Cabinet is collectively responsible to Parliament.
3. Charters:
The second important source of the English Constitution is the great Charters and Agreements.
(i) Magna Carta (1215):
It Defined the organizatioin and powers of the great Council in England and prohibited the imposition of certain taxes without the consent of the great Council.
(ii) Petition of Rights (1628):
It Laid down that no person in England can be compelled to pay any loan, gift or tax without the previous sanction of Parliament.
(iii) Bill of Rights (1689):
It made Parliament the supreme law-making body and declared that it should be called regularly.
(iv) Act of Settlement (1701):
It contains some provisions which have permanently united Scotland with England under one common government.
4. Statutes:
The third important source of the English Constitution is the Statues (Laws) passed by Parliament from time to time.
(i) Reforms Act of 1832:
This act extended manhood suffrage to urban middle classes of England.
(ii) Parliament Act of 1911:
It curtailed the powers of the House of Lords and permanently established the supremacy of the House Commons.
(iii) Indian Independence Act, 1947:
It handed over all political powers to India and Pakistan by the divisiion of the subcontinent.
5. Judicial Decisions:
Judicial decisions are the judgments and interpretations of the British courts which define the scope and limitations of the different charters, statute and Common Law of England.
6. Eminent Works:
Some of the eminent works written by authorities on the subject also form a part and parcel of the constitution. Such as, Dicey's Law and constitution, Blackstome's Commentaries on English etc.
7. Common Law:
Common Law may be defined as an assemblage of all those rules and important principles, which are the product of slow process of long historical growth, being based upon the customs and traditions.
1. Introduction:
The British constitution has been derived not from single source but from different sources. It can be understood by long series of acts. Traditions and judicial decision. We can divide these sources into five groups. The classification is descussed subsequently.
2. Conventions:
Conventions mean those customs or understandings as to the mode in which various members of legislative body should exercise their discretionary authority. The most important conventions in England are the following:
(i) The Qreen or king must accept the advice of the Cabinet.
(ii) The Parliament must meet at least once a year.
(iii) The leader of the major party in the House of commons must be appointed as the Prime Minister.
(iv) The Cabinet is collectively responsible to Parliament.
3. Charters:
The second important source of the English Constitution is the great Charters and Agreements.
(i) Magna Carta (1215):
It Defined the organizatioin and powers of the great Council in England and prohibited the imposition of certain taxes without the consent of the great Council.
(ii) Petition of Rights (1628):
It Laid down that no person in England can be compelled to pay any loan, gift or tax without the previous sanction of Parliament.
(iii) Bill of Rights (1689):
It made Parliament the supreme law-making body and declared that it should be called regularly.
(iv) Act of Settlement (1701):
It contains some provisions which have permanently united Scotland with England under one common government.
4. Statutes:
The third important source of the English Constitution is the Statues (Laws) passed by Parliament from time to time.
(i) Reforms Act of 1832:
This act extended manhood suffrage to urban middle classes of England.
(ii) Parliament Act of 1911:
It curtailed the powers of the House of Lords and permanently established the supremacy of the House Commons.
(iii) Indian Independence Act, 1947:
It handed over all political powers to India and Pakistan by the divisiion of the subcontinent.
5. Judicial Decisions:
Judicial decisions are the judgments and interpretations of the British courts which define the scope and limitations of the different charters, statute and Common Law of England.
6. Eminent Works:
Some of the eminent works written by authorities on the subject also form a part and parcel of the constitution. Such as, Dicey's Law and constitution, Blackstome's Commentaries on English etc.
7. Common Law:
Common Law may be defined as an assemblage of all those rules and important principles, which are the product of slow process of long historical growth, being based upon the customs and traditions.