Features U.K constitution
Q 1: Discuss the salient features of British Constitution.
1. Introduction:
“The English Constitution has made a great circuit of the globe and has become a common possession of civilized man”. (G. B Adams)
A Constitution means certain principles on which the Government of the State is organized and which determines the relations between the people and the Government the
Constitution of U.K is unique in nature and has provided inspiration for a number of other constitutions in the world.
2. Salient Features of U.K Constitution:
Following are the salient features of the U.K Constitution.
I. Unwritten:
The British Constitution is unwritten in nature but it does not imply that all of its parts are unwritten. It means that it has not been reduced to writing in a single document. Some of the components are found in written from. Such as the Reform Act 1832 and the Parliament Act of 1911 etc.
II. Evolution Growth:
British Constitution is a result of an evolutionary growth. Constitution efforts as well as needs of time shaped its spontaneous growth.
III. Flexible Constitution:
British Constitution is a flexible Constitution and parliament can amend it like alterations in the statutory laws by a simple majority.
IV. Unitary:
British has unitary constitution. All powers of the state are concentrated in the hands of a single government for the whole country. There are no units or states in British.
V. Bicameralism:
The Parliament consists of two chambers House of Lords and House of Commons. The House of commons is a popular chamber whose member directly elected by the people while the House of Lords is basically a hereditary chamber and its member are nominated by the Queen.
VI. Supremacy Of The Parliament:
In U.K, Parliament has complete Supremacy or sovereignty. No law enacted by the parliament can be challenged in the court on the plea that is against the constitution. According To De Loeme:
“British Parliament can do everything except to make a man into a woman”.
VII. Constitution Monarchy:
From Constitution point of view, the crown is the repository of the entire Government of authority in British.
VIII. Contrast In Theory And Practice:
There is sharp contrast between theory and practice in U.K. As ogg points out that “theoretically, British Government is absolute monarchy, its government from signifies constitution monarchy while in practice, the Government structure is closer to republican from.
IX. Collective Responsibility:
Ministers must stand together and they cannot oppose the government policy every minister is also individually responsible to the House of Commons and the crown.
In British, there is limited Separation of power. There is concentration of political powers in the parliament while the cabinet which exercises executive power is just a committee of the parliament. Nevertheless many safeguards have been provided especially under Act of Settlement of 1701 to secure the independence of judiciary from under influence on the part of other two branches on the Government.
XI. Independence Of Judiciary:
Necessary safeguards have been provided against all sorts of interference in judicial process. Judges are paid liberal salaries and ensured security of service.
XII. Rule Of Law:
U.K Constitution provides rule of law. The principle of rule of law may be defined as that none of the person in above or below the law. All the persons are equal in the eyes of law. F any person violates the law, he should face the trial of the case in the Government and no person is given imprisonment until his offence is proved in the court.
XIII. Fundamental Rights:
Fundamental rights of the citizens have not been incorporated in the form of a list in the English Constitution. Constitution law is not the creator but a product of fundamental rights, which have been recognized from time to time by the Courts.
XIV. Conventions.
Conventions play a vital role in the British political system. A government is formed and removed on the basis of convention. As Prof. Smith says that the conventions are main living source behind the Constitution.
XV. Two Party System:
Two party system is flourished in British right from the beginning of the parliamentary period. Before the emergence of the present labour party in the second decay of the present century, the fight was between the conservatives and the Liberal party, but now the liberal party has lost its political significance.
XVI: Universal Adult Suffrage:
Every individual of the age of 18 has the right to vote.
XVII. Mixed Constitution:
The British Constitution is a mixture of the monarchical, aristocratic and democratic principal.
XVIII. Conservativeness:
The British Constitution is a symbol of Conservativeness. The trend of the people of U.K is absolutely in favor of old institutions and this concept is existence of conservatism.
XIX. Establishment Of Local Government Institutions:
The existence of local Government in U.K. Constitution is another comprehensive feature of the Constitution. Local Government institutions are symbols of the civil liberties and freedom of the people.
XX. Unreality:
Another characteristic of the English Constitution is its unreality. It has righty been pointed out that nothing in it is what seems or seems what it.
3. Conclusion:
To conclude, I can say, that U.K. Constitution in neither absolutely unwritten nor absolutely written. It is a combination of both and has made a circuit for the globe and has become the common possession of civilized man.
Q. 2: What are the sources of British Constitution Q. Discuss fully the sources of English Constitution law
1. Introduction:
The English Constitution is not found in one document. It consists of different elements which are scattered. It came into existence with the passage of time. It can only be understood by reference to long series of acts, traditions and judicial decisions.
2. Sources Of U.K. Constitution:
Following are the source of U.K. Constitution. (I) Constitutional landmark (II) Statutes
(III) Common Law (IV) Judicial decisions (V) Conventions (VI) Opinion of jurists (VII) Delegated legislation
I. Constitutional Landmarks:
Constitutional landmark is the combination of documents, charter law. This came into existence in the shape of agreements, contracts, treaties or recognition of rules, by parliament. These laws and charters are very important as source of U.K. Constitution. Examples:
(i) Mangna Carta(1215) (ii) Petition of rights(1628) (iii) Bill of rights(1789) (iv) Act of Settlements(1701) (v) Parliament Act of (1911).
II. Statutes:
The second source of U.K. Constitution is statutes. According to requirements of the people and demands of Government U K Parliament formulated the law which not only played vital role for source of constitution be also delivered coordination among the institution of Government. Following are important statutes, which includes in the source of U.K Constitution.
(i) The Habeas Corpus Act, 1671. (ii) The Municipal Corporation act, 1761. (iii) The Reform Act, 1867 (iv) The Judicator Act, 1873
(v) The Representation of people Act 1918 (vi) The Ministry of Crown Act, 1937.
III. Common Law:
Common law may be defined as those rules which are product of slow process of long historical growth being based upon customs and traditions. These principles are not set down in any statute or ordinance. The Courts recognize these principles. The prerogatives of the crown, the right of trial by jury the right of freedom of speech rest almost entirely on common law.
IV Judicial Decisions:
Another source of U . K .Constitution is to be found in judicial decisions. Judicial decisions are the judgments and interpretations of courts, which define the scope and limitations of the different charters, statutes and common law. Following are also landmark judicial decisions in UK history.
Bushell, s case (1670) established the independence of juries.
The case of Attorney General v . De Keysers Royal hotel Ltd. (1920) decided that the discretionary powers of the crown were limited by the petition of Rights Act of 1860. The Case of Howell (1678) established the immunity of the judges.
The case of wilkas v. Wood, gave the protection and liberty of write and author.
v. Convention:
According to Prof. Dicey Convention are those customs or understanding as to the mode in which various members of sovereign legislative body should exercise their discretionary anthority.
any book of law. The Courts do not enforce conventions but however, these rules are recognized by the constitution.
A. Important Conventions:
Following are some of the important convention.
(i) The crown has no power to veto a bill passed by both the Houses. (ii) Parliament must be summoned once a year.
(iii) Prime Minister will be form House of Commons.
VI Opinions Of Jurists :
Opinions of jurists are also an important source of U. K . Constitution. The jurists express their opinions in consultation with customs, traditions, judicial decisions and statutes. Some of the important books of different jurists are as follows:
(i) Austin , s Law and the customs of the Constitution. (ii) Dicey , s Law of the Constitution (iii) Lords Halsbury , s commentary on the UK constitution.
VII statutory Rules Made By Various Authorities:
There are various authorities empowered to legislate under parliament Acts like universities and Municipal bodies. The Laws and rules made by these authorities are part of the U.K Constitution.
3- Conclusion:
The conclude, I can say, that the English constitution is a growing organism. It has been undergoing a slow process of evolution for centuries. The idea of revolution is alien to its working. It is not derived from a single source but form several and it is still a growing Constitution
Q.3: Explain the Role Conventions in U.K.
1- Introduction:
Most of the U.K. Constitution is combination of rule of conventions. Conventions regulated the most fundamental aspect of the British administrative system. The name given to the conventions of the constitution is the indefinite number of customs, traditions and
precedents from an integral part of the U.K. constitution.
2- Definition Of Conventions:
(I)Definition By Dicey:
“Conventions are those customs of understanding as to the mode in which various members of sovereign legislative body should exercise their discretionary authority”.
(II)Definition By J.S Mill:
“The Conventions are nominated as unwritten principles of the constitution”.
3- Kinds Of Conventions:
Conventions may be distributed into the following kinds. (i) Parliament and executive conventions.
(ii) Legislative procedure and parliament conventions. (iii) Government and legislative conventions.
4- Importance Of Conventions:
The conventions plays a very important role in the U.K. Constitution. There are based on usage and is derived from willingness of the people. The Constitutional history of the U.K. growth and power of the cabinet is product of the conventions.
5- Aims And Objects Of Conventions:
The aim and object of the conventions is:
(i) To ensure the supremacy of the House of Common.
needs.
(iii) To provide rules for the co-operation and harmonious working of the different parts of Govt.
(iv) To secure the administration of the country according to the wishes of the people.
6- Important Conventions:
Following are some important conventions: (I)No Veto Power Of Crown:
When a bill is passed by both Houses of parliament. It is sent to the King for his assent. Legally he can reject it but according to convention he cannot reject it does not use his veto power.
(II)Cabinet Is Responsible To Parliament:
Cabinet is responsible to the parliament for the conduct of its affairs. (III)Vote Of No Confidence Against Cabinet:
Where the parliament in majority passes a vote of no-confidence against the cabinet it shall have to resign and vacate.
(IV)Prime Minister Must Belongs To House Of Common:
According to the conventions prime minister must belongs to the house of commons. The object of the convention is to emphasis importance of house of commons which is also the house of people.
(V)Election Of The Speaker:
The election of the speaker takes place on party lines but after the election and his appointment he become non-party man he becomes neutral.
(VI)Highest Court:
The House of Lords is the highest Court in England. When the house of lords sits as the highest court for appeal for civil and criminal cases. There are only seven Lords who participate in the discussion.
(VII)Right Of Opposition To Express Its Views:
According to conventions a speech from govt. side shall be following by a speech from the opposition. When member from one party has spoken in the house, the next speaker must belong to the opposition.
(VIII)The Parliament Must Be Called Once A Year:
Parliament must be summoned for the dispatch of its business at least once a year. (IX)Prime Minster May Ask The King For Dissolution:
When a ministry is defeated in the house of commons the prime Minister can go to the King him to dissolve the house of Commons.
(X)Formation Of Government:
After general elections the King has to summon the Leader of the majority party to from the ministry. The prime Minister is given free hands in the selection of his colleagues.
(XI)Collective Responsibility Of Ministers.
The minister are responsible collectively to the house of commons even if one minister is defeated the whole ministry must resign.
(XII)Finance Minister Belongs To House Of Common:
According to the conventions the Finance Minister must belongs to the house of commons. (XIII)Same Courts For Govt, Servants:
There are same Courts for government servant and general public. (XIV)Re-election Of Speaker:
Speaker can be re-elected as many times as he pleases it is said once as speaker always a speaker.
(XV)Relations With Dominions:
The relations of the mother country with dominions are regulated by conventions. (XVI)Money Bills Originate In The House Of Commons:
It is the convention in England that money bills originate in the house of commons . (XVII)Dominance Of House Of Common:
In case of difference of opinion the opinion of the house of commons shall prevail over that of the house of Lords.
7- Sanction Behind Conventions:
Following are different sanctions in view of jurists. (I)The Fear Of Impeachment:
Some writers say that true sanction behind conventions is the fear of impeachment, but it is not a sufficient sanction behind conventions.
(II)The Rule Of Law:
According to Prof. Dicey, conventions are observed because their non-observance will sooner later lead the offender into conflict with the Courts. The force which in the last resort
compels obedience of convention is the power of the law itself. (III)Public Opinion:
According to ogg, the real sanction behind conventions are obeyed because the public opinion. Convention are obeyed because the public opinion demand that they must be obeyed. The public opinion well not tolerate their violation.
(IV)Code Of Honour:
According to Lowell. Conventions are obeyed and observed because they are code honour. 8- Conclusion:
To conclude, I can say, that conventions are admittedly no law in the sense of rules which will he be enforced by the courts. Still they are nearly as binding as law. The conventions provide the flesh which clothes the dry bones of law and have enabled a rigid framework of Govt. to keep pace with the changing political ideas and the needs of the people.
Prerogatives of Crown
Q4.What are different prerogatives available to Crown 1- Introduction:
The Constitutional history of England begins with an absolute monarchy. The King was absolute Sovereign. He was the source of all legal powers, but with passage of time the powers of king was decreased. The prerogative is the residue of discretionary or arbitrary authority which at any time is legally left in the hands of the crown.
2- Difference Between King And Crown:
Following are the differences between the King and Crown.
(i) The Crown is an institution whereas the King is an individual who holds the institution. (ii) There can be a demise of the King but not of the crown.
(iii) The king is the part of crown but the crown is not part of King.
(iv) The Crown is a legal person Personifying the State whereas the King is merely is temporary human occupant.
3- Definition Of Crown’s Prerogative:
Crown’ s Prerogatives means the powers exercised by the King in virtue of Common law or customs.
4- Origin Of Crown’s Prerogative:
executive power was the first and historical source of the Crown’ s prerogative. Secondly the Norman Kings who combined in themselves the executive, legislative and judicial functions were in the position of feudal land owner and as such enjoyed certain rights.
5- Prerogatives Of The Crown:
The prerogatives of the crown may be classified as under. I. Personal Prerogatives II. Political Prerogatives I. Personal Prerogatives:
Following are the personal prerogatives of the crown (i) King can do Wrong:
The maxim has two-fold meanings:
(a) It means that by no proceeding Known to the can the King be made personally responsible for any act done by him
(b) In second place it means that on one can plead the orders of the crown in defense of only act, not otherwise justifiable by law.
(ii) King never Dies.
The king has the attribute of immorality. The demise is immediately followed by the Succession.
II. Political Prerogatives:
These may be further divided into following.
A. Domestic Prerogatives B. Foreign Prerogatives A. Domestic Prerogatives:
Following are the domestic Prerogatives.
(I) Administrative Prerogatives:
Following are the administrative prerogatives of the crown. The creation of press
The creation of Corporations
The appointment and dismissal of Ministers and other Government Officials. Declaration of war
The Crown is the Chief Commander of Armed Forces.
(ii)judicial Prerogatives:
(a) Fountain of Justice:
The King is the fountain and general conservator of the peace of the Kingdom. All criminal proceedings run in the King’ s name.
(b) Appointment of Judges:
The King has the right of erecting Courts of justice and judges are appointed in the King’ s name.
(c) Power of Pardon:
The King can with few exceptions pardon all offences against criminal law either before or after conviction.
(d) Not Subject to Law:
It is the King in Parliament who makes all laws. He makes the Acts of his subjects and not for himself. Therefore, the King is not bound by the statute unless it is made applicable to him expressly or by necessary implication.
(iii) Ecclesiastical Prerogatives:
(a) Power of Appointment:
By virtue of these prerogatives, the King appoints high ecclesiastical Officers e.g. appointment of Arch Bishop.
The crown is the head of the Church in England: (c) Summoning of Conventions:
The Crown Summons Church Conventions.
(iv) Legislative Prerogatives:
(a) Power to Legislate:
The King has power at Common Law to legislate for conquered and ceded colonies. (b) Summoning of Parliament:
The King has the power of Summoning the Parliament. (c) Dissolving of Parliament:
The King also has the power of dissolving the Parliament of the advice of Prime Minister. (d) Assent on Bills:
The Kings also has the prerogative of giving Royals assent to Bills passed by both Houses of Parliament.
(e) Address to Parliament:
The King also address to parliament in every new Session. (f) Appointment of Peers:
The appointment of peers are made by the Crown.
B. Foreign Prerogatives:
Following are the Prerogatives of the Crown in relation to foreign affairs. (ii) power to Make Treaties:
It is the prerogative of the King to make treaties. (iii) Declaration of War and Peace:
It is the King who declares war and peace with other countries. (iv)Power Of Recognition:
The King has the power to recognize the power status of a foreign country or of its government. He can do so by receiving the representatives of other states.
(v)Appointment of Ambassadors:
The King appoints the representatives or ambassador of his own country abroad. 6- Conclusion:
To Conclude, I can say, that the prerogatives is the name for the remaining portion of the Crown’ s original authority. It dose not include the powers exercised by him in virtue of a parliamentary Statute. At present the Crown’ s is much restricted as he cannot claim any prerogative opposed to Common Law or Act of parliament or liberties of the subject and except personal prerogatives, it is the cabinet that exercise the prerogatives powers in the name of the King.
Q.5: Discuss the Composition and Legislate power of House of Lords.
1- Introduction:
The House of Lords is the oldest house in the world and has been in Constitution existence in one from or other for more than a thousand years. It is the upper house of the British
Parliament. It is generally stated that the house of Lords is a hereditary house.
2- Composition Of House Of Lords:
The member of house of Lords fall into seven distinct categories. I. Hereditary Peers:
About nine-tenth of the members belong to this category-peerage is granted by the crown and he may create as many peers as he like. The Majority of people becomes peer, because they Per chance happen to be eldest Grand sons of an ancestor, who was first created a Peer.
II. Representative Peers Of Scotland:
Their number is 16 and are elected by Scottish peer in accordance with the provisions of the treaty of union 1707.
III. Representative Peers Of Ireland:
When Ireland was united with English the lrish peers were entitled to elect 128 members but since 1922 when Ireland was declared a free state no new peer have been created.
IV. Lords Of Appeal:
They are 9 in numbers and are appointed by the crown under the provisions of the Appellate jurisdiction Act, 1876 to assist the house in the performance of its judicial functions.
V. Spiritual Peers:
They are 26 in number two are Arch Bishop’s of York and Canterbury and 24 are Senior Bishops of the Church of England.
VI. Princes Of The Royal Blood:
Male adult members of royal family who have attained maturity and are within specified degree of relationship are appointed as members of House Of Lords.
VII. Life Peers:
These members are created under the provisions of the life peerage act 1958. They are the persons who have held high offices in the state and have since retired e.g. minister,
speakers etc.
3- Number Of Members:
The number of members are not fixed. The numbers varies from time to time.
4- Nature:
The House of Lords is called conservative chamber. It was commonly described as the hereditary and partly democratic in composition. Peerage both hereditary and life are created by sovereign on the advice of Prime Minister.
5- Disqualification:
Following persons cannot become the members of the house of Lords. 1. Insane 2.Minor 3. Convict 4. Bankrupt
6- Presiding Officer:
The House of Lords is Presided by a Lord Chancellor who is member of the cabinet.
7- Privileges Of The House of Lords.
Following privileges are available to the house of Lords. I. Freedom Of Speech:
The Lords can express their views freely can access to the Sovereign to discuss public affairs.
II. Free Access To The Sovereign:
Every member of house of Lords can access to the Sovereign to discuss public affairs. III. Right To Determine Its Own Composition:
The lords have right to determine its own compositions. IV. Right To Publish Opinion:
The Lords can publish their opinion in official papers. V. Freedom From Arrest:
No member can be arrested when parliament is in Session. VI. Right To Receive Writs Of Summons:
They have the right to receive individuals writs of summons to attend Parliament. VII. Trial Of Impeachment Cases:
They have the right to try impeachment case brought by House of Commons. VIII. Exemption:
It enjoys exemption from serving as jurors. IX. Determination Of Peerage:
The House has the right to determine disputed claims to peerage.
8- Powers And Function Of House Of Lords:
Following are the powers of House of Lords:
I. Legislative Powers:
After the passing of Parliament Act 1911, the legislative powers of the House of Lords may be discussed under the following heads.
(i) As Regards Money Bills:
As regard control over financial bill the House of Lords is practically ineffective. All the money bills introduce in the house of Commons and if the House of Lords withholds their assent to it for more than a month, it would be presented to the King and would become law on receiving the Royal Assent despite the fact at the Lords did not concur with it.
(ii) As Regards Non-money Bills:
Non-money bills may be introduced in the House of Lords. A non-money bill passed by the House of Commons in two Successive Sessions with an interval of at least of one year between its first reading in the first and second reading in its Second Session, it will become a law after having received the Royal Assent irrespective of its having been rejected by the Lords. So in legislative sphere, House of Lords has lost much of its significance.
II. Executive Powers:
The Lords have the powers to ask question from the Government and have a full right to debate its policies but the House can only cross-examine the cabinet ministers and the cabinet is not responsible to it.
III. Judicial Powers:
The House of Lords has three fold Jurisdiction or powers in this regards.
(i) It has original power to try peers in case they are involved in any treason or felony against national interest.
(ii) It is also authorized to hear impeachments sent to it by the House of Common but now this jurisdiction has lost all its importance due to the acceptance on ministerial responsibility. (iii) It also acts as the highest Court of appeal in U.K.
IV. Other Powers:
The House of Lords performs an important function of discussing such social and political questions, which are not ready for legislation.
9- conclusion:
To conclude, I can say, that the House of Lords is an ancient institution of the world, which plays his role in Conventional way for accomplishment of legislation. Before the passage of the Parliament Act of 1911. The House of Lords was in all respect co-ordinate in powers with the House of Commons but after the Parliament Act of 1911, the position is quite different and now the House of Lords is a mere shadow of its former self.
Q.6: House of commons is the most powerful organ of the British parliament Explain.
1- Introduction:
“ The Sovereignty of parliament resides in the House of Commons.” (R.G Neumann)
“ House of Commons is the center of the English political system….. The sun around which all other bodies revolve”.
The house of Commons is the lower and popular chamber of the British parliament. It is most remarkable assembly in the world and is elected by the people in general election.
2- Composition Of House Of Commons:
I. Strength:
The present strength of House of Commons is 650. II. Term Of House:
The members of the House of Commons are elected for a term of five years, unless the House is dissolved earlier by the Queen on the advice of the prime Minister.
3- Qualification And Election Of House Of Commons:
I. Qualifications Of Candidates Of House Of Commons:
Following are the qualification for a candidate to contest election for house of commons. (i) He or she, as the cases may be, must be a British subject.
(ii) Must attain the age of 21years. (iii) Not otherwise disqualified such as (a) Holder of judicial officers
(b) Bankrupts (c) Civil servants
(d) Members of the armed forces and the police force
(e) The directors of the nationalized commercial companies; and (f) Clergymen.
II. Election:
Parliament elections are of two Kinds.
(i) General election held when a new House of common is to be elected and these must be held within 20 days of the dissolution of a sitting parliament.
(ii) By –elections held when a vacancy occurs in the House due to the death or resignation of a sitting member or when a member is made a member of the House of Lords.
A. Adult Franchise:
According to the representation of the people Act 1949 as amended by the 1969 Act, following are the qualification of a person entitled to vote
(i) Must be a British subject (ii) 18 years of age or above
(iii) Whose name is recorded in the voter, s register of his constituency.
4- Presiding Officer Of House Of Commons:
The meeting of the House of Commons are presided over by speaker. He is elected by the House when a new parliament meets for the first time.
5- Powers And Functions Of The House Of Commons: I. Legislative Powers:
The house of commons enjoys vast powers in the filed of law- making. It can modify the existing law and the can make or repeal any law whatsoever. It define the national policy and has the right to change the constitution.
II. Financial Powers:
The House of Commons wields great authority over the nation, s purse. According to opinion of Prof. Madison who holds the purse, holds the power. According to the Act of 1911 all money bills must originate in the House of Commons and the power of House of Lords is limited in this respect.
III. Administrative Powers:
The House of commons also attains the powers of Administration because this House controls the administration by way of questioning the cabinet members.
According To Prof .Munro:
An obligation rest upon the House of Commons to exercise a day to day control over the Ministry in such a way that fundamental disagreement between the executive and the representatives of the people will be clear and manifest.
IV. Delegated Legislation:
Parliament being Supreme, may delegate powers to whomever it will and it may similarly withdraw the powers that it has delegated. It may delegate its powers to Government Department to Supplement, amplify and apply statutes passed by the parliament.
6- Privileges Of The House Of Commons:
Following are the privileges of the House of Commons: I. Freedom Of Speech:
The House enjoys freedom in the House in the matter of debates. II. Right To Regulatm:
House has the right to regulate its own Constitution including the right to exclude or expel members.
III. Exclusion Of Strangers:
The House also has the right to exclude strangers form the House. IV. Right To Prohibit Publication:
House has the right prohibit publication of its own debates. V. Freedom From Arrest:
Freedom form arrest in Civil Cases for a period of 40 days before and after the Sessions of parliament but this privilege not extend in Criminal Cases.
VI. Right To Enforce Privileges:
House has the right to enforce its privileges and commit for contempt for breath of its privileges.
7- Conclusion:
To conclude, I can say that the House of Commons, is the most vital part of the British Parliament. Since 1922 the House had assumed final powers of law making which are firmly shared with the House Lords. In reality parliament means. House of Common when a
minister consults parliament, be consults the House of Common, when the Queen dissolves parliament, she dissolves the House of Common when a parliament has made a law, it means that the House of Commons has legislated upon it.
Ministerial Responsibility
Q7: Discuss fully the Ministerial “Responsibility” under British Constitutional System.
1- Introduction:
Once of Salient Feature of the British cabinet is Ministerial responsibility. The cabinet members are responsible to the House of commons individually as acts of commission or omission within their departmental or governmental spheres.
2- Meaning Of Ministerial Responsibility:
According to Prof. Dicey it means two utterly things as under. I. Parliamentary Responsibility:
This is the liability of Minister to lose their offices. When they cease to retain the confidence of the House of Commons. If a Minister do not do not resign from his office, there is no provision in law to compel him to vacate his office. This is matter of conventions and not of law. It is called parliament responsibility.
II. Legal Responsibility:
Legal Responsibility means that every ministers is answerable to a Law of Court for the acts Crown because every act of the Crown is countersigned by the Minister. This is a matter of law and not merely a matter of conventions.
3- Origin Of Ministerial Responsibility:
Before the Glorious of Revolution of 2688, the Britain King were absolute rulers but when parliament become the Sovereign body, it beggar to punish the ministers by means of impeachment. The King then began to choose Minister from parliament. Thus a convention began a minister should win the confidence of the parliament and he should resign if fail. During the nineteenth century the concept of Ministerial responsibility was fully developed.
4- Main Aspects Of Ministerial Responsibility:
According of Prof Munro, there are three aspects of Ministerial responsibility which are the followings.
I. Responsibility To King:
It is the responsibility of the ministers to keep the king informed of what they do. This aspect of responsibility only means that it is the duty of cabinet to keep the king informed of all it decisions.
II. Responsibility To One Another:
The Cabinet as a whole is answerable for the acts of it member. The minister should either agree with the decisions of the Cabinet or resign. The Ministers are also responsible to one another. The Ministers have follow the policy which has been decided upon in the joint meeting of the ministers.
III. Responsibility To The House Of Commons:
The minister are also responsible to the house of the commons. The ministers can also criticized by the members of the House of Commons. Every Minister is responsible to the house. The cabinet can remain in office only so long so long as at enjoys the confidence of the house of commons.
5- Scope Of Ministerial Responsibility:
The responsibility of minister is individual as well as collective. I. Individual Ministerial Responsibility:
Individual, each minister is responsible to parliament for the work of his department of which he is a political head he is also personally liable for any breach of law, for which he is
answerable before a Court.
A Minister, who commits a mistake in this departmental policy and is not defended by the prime Minister, is individually responsible for it and must resign. But if the prime Minister or the Cabinet comes to his defense, it becomes a matter of collective responsibility.
II. Collective Ministerial Responsibility:
It means the responsibility of all Minister , whether they are included in the Cabinet or not or have participated in the cabinet the policy, he remains equally responsible for it.
6- Merits Of The Concept Of Ministerial Responsibility:
This doctrine confers the three merits on the British system of Government. I. Responsibility To Public:
It makes the Government answerable to the public. II. Unity Of Cabinet:
If infuses unity in the Government, the Minister know that their cabinet will remain in office only so long as they are united. Anyone who disagrees with the policy should either resign or be removed by the Queen on the advice of prime Minister.
In enhances efficiency in the Minister Work. Every Minister must keep himself informed of what his colleagues and the cabinet as a whole are doing.
7- Conclusion:
To ,conclude, I, can say, that doctrine of Minister Responsibility deeply influenced the growth and development of the parliament and cabinet system of Government parliamentary Government is not Government by parliament but of minister who are answerable before parliament for their acts and policies.
.Q8: Explain the Committee System of England Parliament. Q. write a comprehensive note of the Committee of the House of Commons
1- Introduction:
The Committee System is employed by all the legislatures of the world. It has become an essential part of legislature’s procedure. In U.K. every bill has to go through an appropriate Committee after the second reading. It enables the parliament to dispose of more bills in a time.
2- Committee System In U.K.
Most of the work in the House of Committee is done by the Committees. The proceedings of the Committees are secret in nature and the rules are not rigid.
I. Reasons For Committee System:
Following are the reasons which led to the increasing use of Committee.
(I) House of Committee is a huge body and the true purpose of measures introduced in the House cannot be properly understood unless it assign preliminary work to certain
committees.
(II) Complication in the legislation and the desire of the members to speak.
(III) The great pressure of legislative work, which cannot be furnished without help from small Committee.
II. Selection Of Committee:
All the Committee excluding the committee of the whole House are Selected by the Committee of Selection. The members of the Committee are chosen at a conference between the Government and opposition leaders.
3- Kinds Of Committee:
Following are the different Kinds of Committees in U.K.
(I) Committee Of The Whole House (II) Standing Committees (III) Select Committees (IV) Private Bills Committees (V) Joint Committee
I. Committee Of The Whole House:
It consists of the members of the House of Commons excluding the speaker. It is presided over by the chairman, chosen in the beginning of each parliament. Following are the distinguish features of its meetings which distinguish it from the sitting of the House itself viz.
(i) The rules of procedure are relaxed.
(ii) A member can speak as many times as he like. (iii) No closure motion can be moved.
(iv) The mace which is the symbol of the speaker’s authority is placed under the table. A. Types Of Committee Of The Whole House:
Following are the different types of committees of the whole House. (i) Ordinary Committee of the Whole House on a Bill:
of the whole rather than to a standing Committee or a Select Committee. (ii) Committee of the Whole House on A Money Resolution:
It deals with the financial legislation and matters. (iii) Committee of Supply:
It comes into being to discuss the expenditures. (iv) Committee of Ways and Means:
It comes into being to consider revenue measures.
II. Standing Committee:
It is an important Committee and almost all public bills except money bills go upstairs to a Standing Committee. These are five in number one of which is exclusively for Scottish bills and the other four are known alphabetically as A, B, C and D.
(i) Number of Member:
Each Committee Consists of 16 to 50 members and the speaker appoints the president. The Scottish Committee consists of all members from Scotland and a few others who have experience or Knowledge of Scottish or welsh affairs. In all other Committees, the Government and the Opposition have proportionate representation.
III. Select Committee:
Select Committee are appointed to discuss about the special bills. These Committees consists of expert persons, which provide the information regarding important affairs and research about the legislation process. They are really Committee of investigation and examination. It collects evidence, examine witnesses Sift evidence and draw up reasoned conclusions and reports to the house.
(i) Number of Member:
A select Committee usually consists of 15 members. (ii) Kinds of Select Committee:
From the point of view of their existence, there are two kinds of Select Committees. (a) Ad-hoc Select Committee:
It cease to exist as soon as it work of inquiry has come to an end. (b) Session Select Committee:
It term lasts a Sessions of the Parliament.
IV. Private Bills Committee:
These are appointed to dispose of the private bill in Parliament. It works quite impartially and its report, whether for or against the bill, is always accepted by the House. In the House of Commons, the number members of a private bill Committee are four while in the House of Lords it is five.
V. Joint Committees:
These consists of members from both Houses of Parliament and mutually consult and consider about the bill in a collective way, which relates to the both Houses.
4- Conclusion:
To conclude, I can say that Committee stage is very important in the life of a proposed bill after the second reading, the bill is handed over to one of concerned Committee so that detail views of bill may be completed and the House considers the bill later at the report stage in the light of the report of the Committee.
Q.9: Explain the cabinet system under the British Constitution Q. Discuss Nature And Functions of English cabinet
1- Introduction:
(Prof. Lowell).
The cabinet is the real executive of the British System. It is also called the ministry of the government. The cabinet has been defined as a body of royal adviser, chosen by the prime Minster in the names of the crown. The Cabinet must acknowledge the Supremacy of the prime Minister and follow the policy laid down by the prime Minister.
2- Evolution Of Cabinet System:
Originally cabinet was committee of the privy council which became too, large for administration work. King Charles II (1660-85) began to consult a small group of privy councilors in matter of state. The cabinet is called the child of Privy Council. In the reign of Charles II the Cabinet acquired a formal shape. The cabinet system further developed during the reign of William III and Queen Anne. During the reign of George I, the Office of the prime Minister came into existence.
3- Nature Of The British Cabinet:
The Cabinet is a body unrecognized by law. Its existence is only customary, i.e. based on custom or convention.
4- Composition Of British Cabinet:
The Crown sends for the recognized leader of political party which has the majority called prime Minister and asks him to form the Cabinet.
5- Feature Of The Cabinet System:
Following are the features of the cabinet system. I. Exclusion Of The King From Cabinet:
The Queen or King dose not attend the cabinet meeting. It has become Constitutional convention.
II. Co-Operation Between Cabinet And Parliament:
There is complete co-operation and harmony between the cabinet and the parliament. III. Leadership Of The Prime Minister:
The prime Minister plays dominant role cabinet. The cabinet is formed by the prime Minister. He is the Keystone of the cabinet arch.
IV. Secrecy:
The meetings of the cabinet are secret and private. Every members of cabinet takes the oath of Secrecy. The discussion is not disclose in the public.
V. No Legal Status:
The British cabinet has no legal statues. There is no mention of cabinet in the written part of the Constitution. The Cabinet is called the child of the conventions.
VI. Ministerial Responsibility:
The Cabinet members are responsible l to the house of common individually as well as collectively and they are liable to law for their acts.
VII. Political Homogeneity:
Political Homogeneity means, s that all the members of the Cabinet should have similar views of their policies the members of cabinet have same views because they belong to one political party.
VIII. Collective Responsibility:
The members are collectively responsible. The result is that all the member’s work as a team. The cabinet stands or falls together as a unit.
IX. Unity Of Cabinet:
Unity of cabinet is the outstanding features of British cabinet system. The cabinet always acts as Unity. They are supposed to face the House with one voice.
Following are the important functions of the British parliament. I. Policy Determining Functions:
The Cabinet is policy formulating body. The Cabinet discuss and decide all sort of national and International problems. The Cabinet decides the measures which are ti received priority. II. Exceucitve Functions:
The cabinet is the real executive.
(i) The Cabinet formulates the general policy of the Government. (ii) It determines the foreign policy of the Government.
(iii) The Cabinet determines measure for war and peace. (iv) All important appointments are made by the cabinet. III. Legislative Functions:
The Cabinet the controls the Legislatives activities.
(i) The parliament is summoned on the advice of the cabinet by the King. (ii) The speech of the King in parliament is prepared by the cabinet. (iii) The cabinet explains all bills which are to be passed in the parliament. (iv) The cabinet guide he leader of house in the parliament.
IV. Financial Functions:
The Cabinet play important role the regard. It prepares the budget for the country and is responsible for the whole expenditure of the stock. The chancellor of exchequer is the finance minister of the country and in the member of the cabinet.
V. Judicial Functions:
(i) The judges of important Courts are appointed on the advice of cabinet by the king. (ii) The rules and regulation for judiciary are prepared by the cabinet.
(iii) The power of pardon, reprieve and respite is exercised by the king on the advice of the Cabinet.
7- Conclusion:
To conclude, I can say, that the working of the cabinet system in England is a process of sloe and evolution prime Minister is the head cabinet who forms his cabinet , under the order of king , amongst who member of the parliament cabinet exercises large powers in almost every sphere of Governance.
Q.10: What are different powers available to Prime Minister of England
1- introduction:
In British, there is parliamentary from of government. The Prime Minister being the head of the State occupies a very important position. He is rightly called the Keystone of the Cabinet arch. He is the outstanding personality in England. According to the conventions of the country Prime Minister must belongs to House of Commons.
2- position Of Prime Minister In Britain.
The Prime Minister of England occupies a Unique position in the Government. I. Lord Morely Says:
“Prime Minister is the Keystone of the cabinet arch.” II. Marriot Says:
“Prime Minister is the political Ruler of England.” III. According To OGG:
“Prime Minister is moon among the Starts.” IV. According To Prof. Laski:
“He is the Pivot around which the entire government machinery revolves.” V. Prof. Munro Says:
“Prime Minister is the captain of the State.”
3- Evolution Of Office Of Prime Minister:
The Office of Prime Minister is a result of mere accident. Robert Walpole was the First Prime Minister of U.K. who has commissioned to preside over the meetings of the Cabinet because George I did not know English Language. But not until 1878 did the term “Prime Minister” makes its appearance in any public document. It was in the treaty of Berlin that the Lord Beaconsfield was referred to as “First Lord of Her Majesty’ s Treasury. Prime Minister of U.K” then the Act of 1917 and Act of 1937 recognise the office of Prime Minister.
4- Appointment Of Prime Minister:
The Prime Minister is appointed by the King. After the general election in the country the King invites the person who has majority in the house to from the government.
5- Functions And Powers Of Prime Minister:
Following are the powers and important functions of the Prime Minister. I. Leadership Of The Cabinet:
Prime Minister is the leader of his Cabinet. He is dominating personality in the cabinet. He appoints the minister. The agenda of Cabinet is prepared under his guidance.
II. Leadership Of The House Of Commons:
The Prime Minister is leader of House of commons. He represent cabinet in the house of commons. He is the chief spokesman of the government and all important announcement in the house are made by him.
III. Source Of Communication Between King And Cabinet:
The Prime Minister is a source of communication between King and cabinet. He plays a vital role between King and Cabinet.
IV. Control Over Foreign Affairs:
The Prime Minister controls over foreign affairs. He formulates foreign policies. He also attends international conference.
V. Power Of Appointment:
Important appointment are made by the crown on the advice of the Prime Minister he can appoint:
(i) Ambassadors of Country. (ii) Diplomatic representative. (iii) Governor-General of dominions. (iv) Governor of Colonies.
(v) Finance Minister (vi) Member of Cabinet. (vii) Civil and Military Officer. VI. National Leader:
The Prime Minister is the national leader of the country. He makes all policies for his country. He is the leader of his people.
VII. Chairman Of Various Bodies:
The Prime Minister is the Chairman of various bodies. He is the ex-officio chairman of the important committees.
VIII. Acknowledged Leader Of His Party:
The prime Minister is the acknowledge leader of his party which is the majority party in the parliament.
IX. Chief Adviser Of The Crown:
The Prime Minister is the Chief Adviser of the Crown. He gives advises on important matters. X. POWER Of Dissolution:
The Prime Minister is the only person who is authorized to advise the king to dissolve the house of commons. Prime Minister should consult the cabinet on the issue of dissolution. XI. Policy Maker:
The Prime Minister is the Policy maker. All important policies are made by him. XII. Settlement Of Disputes:
The Prime Minister settle the disputes between the different departments of the governments.
6- conclusion:
To conclude, I can say, that the British Prime Minister is a great force in U.K. He is the representative of the nation in the Parliament and as Prof. Laski says “The British Prime Minister can do what the German Emperor and the American President and all chairman in the Committees in U.S Congress cannot do for he can alter the law or repeal it and can direct all the forces of the State”.
Law making procedure
Q11:Discuss the Parliament Procedure for law making under British Constitution.
1- Introduction:
“All means of formulating laws tend to be swallowed up in the one great, deep and broadening sense, legislation.”
(Woodrow Wilson)
In U.K . , every law begins as a bill, which is a legislative proposal put before parliament for its approval. It is read three times in each House of parliament and after receiving royal assent , becomes an Act or law.
2- Process Of Law Making:
The process of legislation varies with the kinds of bills, put before the parliament. I. Kinds Of Bills:
Following are the different Kinds of Bills.
A. Public Bills B. Private Bills. A. Public Bills:
A public bill is one which affects the general interests of the country as a whole or a large part of the community e. g . a bill for compulsory primary education. It may be either (i) Money Bills, or. (ii) Non-money Bills
(i) Money Bills:
Money bills deals with financial matters and it certified as a money bill by the speaker. They can originate only in the House of Commons, by a minister.
(ii) Non-Money Bills
None-Money Bills not deals with financial matters. It may be divided into two classes. (a) Government Bills:
These are bills brought before the parliament by a minister after the approval of cabinet (b) Private Members Bills:
A private member, s bills is one that is introduced by any member of parliament other than ministers.
B. Private Bills:
A private bills is one which relates to the one locality or an individual or an institution e. g., a bill to control private schools.
The method of legislation may be discussed under the following heads. I. Passing of Non-Money public Bills
II. Passing of Private Bill.
4- Passing Of Non-Money Public Bills:
The various stages through which every public bills has to cross may be explained as under. I. Bill Drafting:
The first step in the drafting of the bill itself. It must be laid down in exact words and be complete in every respect.
(i) In Case of Govt. Bills:
It is prepared by a public dreftsman in the office of the parliament counsel to the treasury and in must get the approval of the cabinet before it is presented before the parliament. (ii) In Case of Private Member, s Bill:
In such a case, it is drafted by the member himself or with the help of anyone whom he may employ for the purpose.
II. Introduction And First Reading: (i) In Case of Govt. Bills:
There are two methods of introducing it, either on a motion or on a written notice. The first method has fallen into disuse. The normal methods is no written notice as prescribed in standing order No.35. The mover gives a notice of introduction which is printed in the orders of the Day on the day appointed the speaker calls the names of the movers to present his bill the clerk , s table. Sometimes only a “Dummy Bill” is Placed on the table of the clerk. The Clerk of the House reads out the title of the bill and as soon as he read the title the introduction along with its first reading is over.
(ii) In Case of Private Member, s Bill:
Private member can introduce bills by putting their cards in the box at the clerk , s table. The clerk then draws the lots and the member whose name is forts drawn gets opportunity to introduce his bill on the first available Friday of the Session.
(A) Mode Of Introduction:
A private Member can introduce his bill either by a written notice or by a motion for leave the “Ten minute Rule” Having had the good fortune to get his bill on the notice paper, the member moves that it be read a first time and secures it a second reading.
III. Second Reading: (i) In Case of Govt. Bills:
On day fixed in advance by an order of the House, the mover of the bill moves it that it be now read a second time. He explains the bill and then a general debate follow in which members of both sides of the house participates.
(ii) In Case of Private Member, s Bill:
As there is lager number of private Member wager to introduce bills on Friday ,a ballot is taken and the member who wins it , he can moves for its second reading on that day. Then the same procedure as other public bills shall follow.
IV. Committee Stage:
Having passed its second reading the bill enters the Committees State. It goes to one of the five standing Committees as directed by the Speaker unless the House directed it to be sent to a committee of the whole on grounds of its exceptional importance or highly controversial nature.
V. Report Stage:
In Report Stage the House discussed the bill as reported by the committee. It is a very lengthy stage as every clause is discussed and voted. If the Govt. considers the bill of an
urgent nature, it may resort to motion for closure. VI. Third Reading:
When all the clauses of the bill have been voted upon in the report stage, the bill enters the third reading stage. At this stage no amendments other than purely verbal ones are in order. The idea behind third reading is that the House should take one more look at the bill as amended before if finally gives its approval.
VII. Bill In House Of Lords:
When the bill is passed in the House of commons, then the bill is presented in House of Lords. There, the bill completes the proceeding in a short time. If there is a dispute between both the House, an exchange of written massages taken place between them and in case if no agreement is reached then by virtue of parliament Act, 1949, the House of Common can again pass the same bill in the next Session with an interval of one year in the 2nd reading in the First Session and 3rd reading in the 2nd Session, and then the bill shall be deemed to have been passed by both the Houses.
VIII. Royal Assent:
The last stage in the Royal Assent is signified with much ancient ceremony. No king or Queen of England Since 1707 has eve refused to sign a bill put before him or her for royal assent.
5. Passing Of Private Bills:
I. Presentation Of Bill:
Every private bill is presented in the form of petition by some person, not the member of the parliament, but act through a firm of parliamentary agents.
ll. Formalities Regaridng Bills:
the promoters of the bill must pay special fees and comply with certain conditions before their bills are considered by parliament.
(i) They must give notice to person whose interests may be affected by the bill. (ii) They must send notice to Government departments concerned.
(iii) They must present a petition attached to the bill to the parliament and deposit it at the private Bill Office by 27th November.
III. First Reading:
The private bill is read at the first stage which is formal one. IV. Second Reading:
In the second reading, general principles of bill are discussed. V. Committee Stage:
The Committee Stage is very important as bill which are classified as unopposed are sent to a Committee called the Committee of Reference and the opposed bills are sent to one of the private Bill Committees.
VI. Report:
After the hearing of the bills, the Committee prepares a report, favourable or unfavourable and present it in the House. The House acts according to the report.
VII. Third Reading:
The third reading is a formal one and is shorter in nature. VIII. Bill In House Of Lords:
After third reading the bill is sent to the House of Lords, and the same procedure as public bill followed.
IX. Royal Assent:
After the passing of the bill form both houses, it is sent for the Royal Assent and become a law after getting it.
To conclude, I can say, that the law making process is a very important one as it often determines the faith of the nation U.K. Parliament attains the vast powers in the field of legislation there is a special procedure for passing of law in U.K. and it often depends upon the nature of the bills proposed.
Q. 12: Briefly discuss the judicial system of England.
1- Introduction:
Justice in British is honest and impartial and is available to all people whether they are rich or poor. This is due to the independence of judiciary and the rule of law. Judiciary is the pride of British heritage and plays a positive role for protection of rights and liberty of individual.
2- Features Of British Judicial System:
Following are the salient features of British Judicial System. I. Rule Of Law:
The Rule of law is outstanding feature British Judicial System. It means that none of the persons is upper or below the law and all persons are equal in the eyes of the law on all subjects.
II. Neutrality:
The Courts are neither in U.K. and never support any party, neither plaintiff nor defendant. The Courts complete the requirement of justice in neutral manners and perform their functions and powers according to provisions of law.
III. Independence Of Judiciary:
The Courts of U.K. are free from all the pressures and decides the cases on merits. The Act of Settlement of 1701 provides that the judges in England will hold office during good behavior. IV. Jury System:
Jury System is another unique feature of British Judiciary. In all Serious criminal cases, the accused must be tried not by a judge alone but also by a jury which is a group of laymen who are appointed to assist the judges in administration of justice. In all civil cases involving an accusation against the moral character of either of the parties, that party may demand a verdict by a jury.
V. Speedy Justice:
Speedy Justice is another feature of U.K. Judicial System cases are disposed of quickly. This is due to two reasons.
(i) Judges possess greater discretion in dealing with legal technicalities, and
(ii) The judicial rules of procedure are made by a special rule committee, consisting of the Lord chancellor and ten other persons who are eminently familiar with law.
VI. Equality:
The Courts in U.K. represents the principles of equality. U.K Legal System is accusatorial and not inquisitorial. It is the duty of the prosecution to prove its case beyond reasonable doubts and on its own merits.
VII. Open Trial:
Open trial in also a characteristic of U.K. Judicial System. The trial must take place in open courts in the full lime light of press publicity.
VIII. Co-Ordination In Judicial System:
In U.K. the Courts are distributed into two kinds viz., criminal and Civil Courts and there is a Coordination in the judicial system. There are no separate administrative Courts in England. IX. Guardian Of Civil Liberties:
The Judges have played an important part in safeguarding the liberties of Englishmen, as the fundamental rights have not been incorporated in the Constitution.
X. No Uniform Judicial Organization:
There s no uniform judicial organization throughout the united kingdom. There is one set of Courts in England and whiles and another set of Courts in Scotland. The set of Courts in Northern Ireland is also different.
XI. Dual System Of Bar:
There exists a dual system of Bar in the U.K. The lawyers are divided into two parts. The solicitor and the barristers, while the solicitor deal with the clients and prepare cases, it is the barrister, who argue them in the Courts.
XII. No Judicial Review:
On account of the sovereignty of Parliament, the institution of judicial review dose not exist in England. No Court of law can declare ultra a law passed by the British Parliament on account of its unconstitutionality.
3- Organization Of The Judiciary:
The Present judicial system of U.K. is based on the Acts passed during the period of 1873 and 1879 and it also a result of various reforms, one of which was adopted in 1969. The Court are divided into two types.
(i) Civil Courts (ii) Criminal Courts (I) Civil Courts:
The Cavil Courts deal with private law or disputes between one private citizen and another. The organization of Civil Courts is distributed as follows.
(i) County Courts:
The lowest Court of the Civil Courts is county Court. They were established in 1848 for the purpose of making justice more easily available in local areas. There are 337 County Courts. Under the Courts Act, 1971 each County Courts has one or more circuit judges, assigned it is by Lord chancellor.
(ii) High Court of Justice:
It is situated in London. This Court has jurisdiction on cases, not under the jurisdiction of County Courts. It is also an appellate Courts against the Decisions of County Courts. It is distributed into three division.
(a) Queen’ s Bench Division:
This bench his jurisdiction about the cases of general civil nature, income tax, insurance, trade and taxation also.
(b) Chancery Division:
It has jurisdiction on various kinds of cases such as minor person, administration of property of deceased persons, problem of bankrupt persons and mortgage of property etc.
(c) Probate, Divorce and Admiralty Division:
It has jurisdiction on various cases including the probate divorce and various cases regarding shipping affairs.
(iii) Court of Appeal:
This Court has jurisdiction of appeal against the decision of the High Court of justice. Some appeals are filed directly against the decisions of the County Courts. The presiding judge is called Master of the Role. It Consists of 14 Lords justice of appeal and of Lords chancellor and all three presidents of Bench division of the High Court of Justice.
(iv) House Of Lords:
House of Lords is highest Court of appeal in Civil matters. Its consists of ten Lords of appeal in ordinary.
A Criminal Court deals with breaches of public law. The organization of Criminal of ten Lords of appeal in ordinary.
(i) Justice of Peace and Stipendiary Magistrates:
The Honorary Judges are appointed on the various localities to decide the criminal cases of pity nature. These judges are called Justice of pace. The respectable and noble persons of the locality are appointed by Lords chancellor on the seat of Justice of Peace. In big cities to decide the cases of pity nature instead of justice of peace stipendiary magistrates are appointed.
(ii) The Quarter Session Courts:
This Court has jurisdiction on important cases and heinous offence but dose not try cases involving death sentence or highly complicated. It is also an Appellate Court against the decisions of Justice of peace and stipendiary magistrate. These Courts are conducted four times in a year.
(iii) The Court of Assizes:
These are the Local Courts to try the Criminal Cases and is branch of High Court. This Court is conducted in each country twice a year it has jurisdiction on the various heinous offences such as imprisonment or death.
(iv) The Criminal Court of Appeal:
The Criminal Court of Appeal has jurisdiction against the decisions of Sessions Court and the Court of Assizes regarding appeals. It normally consists of three judges who are usually Lords justices of appeal or judges of the High Court.
(v) House of Lords:
House of Lords is the highest Court of appeal in Criminal Cases Appeal gives permission to file the appeal in House of Lords or where there is any legal problems in lower Court’ s decision or it required statutory interpretation.
4- Conclusion.
To conclude, I can say, that the judiciary plays a vital role in U.K. for providing justice to the people. The importance of judiciary may be described in a way that Act of Parliament are not self-operative, they have to be applied by men and application involves interpretation by a Court. For centuries past, the judicial organization in Britain was a bewildering collection of Courts, but now the Courts are arranged into a hierarchical order of lower and higher criminal and Civil Courts.
Q .13: Write an essay on Rule of Law
Q .what do you understand by the rule of the law and whether there are some exceptions to it under British System
1- Introduction:
The rule of law is the product of centuries of struggle of the British people for the recognition of their fundamental right. In U.K. law is supreme and every act of Government must be authorized by law, either by Statute Law passed by parliament or by Common Law which has been recognized for many hundreds of years.
2- Meaning Of Rule Of Law
The principle of rule of law may be defined as under.
“Rule of law implies that none of the persons is above of below the law. All the persons are equal in the eyes of the law. If any person violates the law, he should face the trial of the case in Court.”
3- Dicey, S Exposition Of The Rule Of Law:
“Law of the Constitution,” first published in 1885. He gave following meanings to this concept.
I. No Arbitrary Punishments:
No man is punishable or can lawfully made to suffer in body or goods except for a distinct breach of law established by the ordinary Court of land. So all persons accused of an offence should be tried in as ordinary Court of law in the ordinary legal manner and no one it to by deprived of his life, liberty and property.
II. Before Law Equality :
Secondly . rule of law implies that in U.K. every citizen, rich or poor high or low is subject to the same law and the same Courts of Law. U. K. law dose not make any distinction between Government and those of ordinary citizens. If any public official dose any wrong to an individual or exceeds the power vested in him by law, he can be sued an ordinary Court and tried in the ordinary manner.
III. Judicial Decisions:
Finally, rule of law means that the general principles of the Constitution are the result of judicial decisions determining the rights of private persons in particular case brought before the courts.
4- Parlamentary Sovereignty And The Rule Of Law:
Rule of Law favours parliamentary Sovereignty under the ordinary law of the land,
discretionary authority in denied to the executive. The Courts are denied by Government of any sort of discretionary powers. But there are times when parliament is called upon to exercise its Sovereign power by granting the executive discretionary authority by means of an emergency of temporary legislation or when for the sake of legality itself, the rules of law must be broken. This act of breaking laws for legalizing illegalities is the supreme exercise of the parliamentary Sovereignty.
5- Instances Of Rule Of Law:
Following are important instances of rule of law. I. The Right To Personal Freedom:
People have personal Freedom in England. No person can be arrested without lawful reasons.
II. The Right To Freedom of Decision:
People of England have right to freedom of decision. Media is independent. Everyone can criticize the policies of Government.
III. The Right To Public Meeting:
People have right to public meeting and form the political parties. IV. Ministerial Responsibility:
Ministerial Responsibility is important instance of the theory of rule of law. If one Minister do wrong other become responsible for his actions.
6- Exceptions:
Following are the exceptions to Rule of Law.
I. Crown Is Not Responsible For The Wrongs Done By Its Officer:
Crown is not responsible for the wrongs done by its officers. A Government Official is personally responsible for his mistakes made in his official capacity.
II. Public Officers Are Not Liable For The Wrongs Of Their Subordinates:
Public Officers are not liable for the wrongs of their subordinates because are certain acts which have conferred some privileges and immunities to public authorities.
III. Judges Of The Courts: