The British Constitutional System

Timed essay written in 30 minutes following a perusal of the British Constitutional System in the book 'World Constitutions: A Comparative Study'

1) Introduction

The British constitutional system is a fascinating study of the processes of government of a nation whose development has been unbroken for a continuous period of hundreds of years. The interesting features of this system are the roles played by convention, by changes forced by necessity, by the growth of human progress, leading to the maintenance of a strong unitary character despite the influence of the times and external forces. The love of tradition and moderation are characteristic of the British model. The British constitution has seen the state evolve from a disorganised nation to a highly organised nation characterised by large government where, in the words of political scholars, the Crown is supreme and, in the case of the difference between written law and actual practice, nothing is as it truly seems.

2) Historical Development

Initially Britain was ruled despotically by the King who levied taxes on his dominion. The Magna Carta was an important document imposed on King John around 1200 which decreed that the King could not impose taxes on the people without the agreement of the Barons. Thus, the power shifted slightly from the King to the Barons. 

We can trace the development of the all-powerful Cabinet system clearly from the Witan, which was a body of wise men who advised the King, to the Privy Council, to the CABAL and finally to the Cabinet which became a body of the King's most trusted advisors who met to 'steer the ship of the state'. The present day Cabinet is an immensely powerful body which holds a great number of executive, legislative and judiciary powers.

The historical development of the Constitutional system in England was led by charters, laws and statutes passed by various popular bodies at varying periods of time. We can slowly see the growth of democracy in the nature of the constituents of these popular bodies, such as barons, sheriffs, and finally representatives elected directly by the people.

3) Constitutional Features

The features of the constitution of Britain are:

Unitary

The Constitution provides for a unitary state where the power is concentrated in central authorities such as the Cabinet and the Parliament, which then direct the local bodies of government as to the policies they must pursue.

Flexible

The Constitution may be amended at any time by a law with the same process as a non-constitutional Law by the Parliament.

Unwritten

There is no single document which embodies the British Constitution. However, it is a combination of charters, conventions, laws enacted by various bodies, statutes and political practices.

Characterised by the Rule of Law

The British Constitution is characterised by the rule of law which states that the rights of the citizens and their property cannot be taken away by any authority unless they have violated the laws of the land. Furthermore, there is no distinction, as in France, between administrative and common law, and the Prime Minister is tried by the same laws as a common man in Britain.

4) Legislature

Legislative powers in Britain are held by the Parliament which has the following features:

Bicameral

The Parliament is divided into two houses, the House of Commons and the House of Lords. The members of the House of Commons are directly elected from single-member constituencies, each of which is around 75,00- people strong. The strength of the House of Commons is capped at 535 members currently, the number of which can be raised by acts of Parliament. The House of Lords is peopled by personalities such as Lords of the Royal Blood, Hereditary Lords, Life Peers, Lords of the Clergy and others. These positions are hereditary, while some are appointed indirectly by the Crown on the advice of the Parliament.

Power of the House of Commons

By the passage of various laws, the House of Commons has become a more powerful House over the years. The special powers of the House of Commons include the ability to originate money bills, the imperative upon the House of Lords to eventually pass bills initiated by the House of Commons, the ability to initiate a vote of no confidence against the ruling Government, etc.

Speaker

The Speaker of the House of Commons is chosen from among the members of one of the two parties. Once a Speaker, always a Speaker. The Speaker is a non-party man and has powers such as kangaroo closure, the ability to moderate debates, the ability to cast the deciding vote in case of a hung house and others. As a non-party man, the office of the Speaker is highly regarded and deeply respected by the members of the House of Commons.

5) The Crown

The Crown is a working hypothesis which differs from the King in the following aspects:

The Crown is immortal while the King is mortal

The Crown is a political entity while the King is a person

The real decision making power lies in the hands of the Crown while the King is a figurehead

The King reigns while the Crown rules

The King is King for his entire life while the constitution of the Crown changes periodically.

The Cabinet with the Prime Minister at its head is a supremely powerful entity because of the following reasons:

The Cabinet formulates the financial statement for the country which is then presented in Parliament

The Cabinet drafts the broad principles and introduces laws which are then firmly directed by them as they are introduced as bills and passed through the Parliament

The Cabinet is the head of the executive and oversees the implementation of laws into policy

The Cabinet has the power to appoint departments for various administrative functions, which then can enact justice over areas within their jurisdiction.

Opposition

The opposition plays a very important role in the government of Britain. it is said that the prime minister knows the leader of the opposition better than his own wife. The opposition constitutes an alternate government which checks, advises and stands ready to take over the government at any time.

7) The Civil Service

The real power lies with the Civil Service which formulates the policies which are introduced by the Cabinet and enacts them via administration.

8) Judiciary

The Judiciary in England is divided into civil and criminal courts. The Criminal Courts follow a system of courts of increasing power and hierarchy starting from the Justices of the Peace, the Court of Quarters, The Court of Assizes and finally Old Bailey. The civil courts similarly have their own hierarchy. The highest court of appeal in the land is the House of Lords. By convention, these sessions are attended only by the Law Lords.

9) Conclusion

The British Constituional system is a highly successful one characterised by many years of preserving the British national character through financial, international, and political storms. 

Feedback on essay:

1) Spend less time on introduction, write more in points and make sure to cover all important details
2) State more statistics, facts, figures and quotes from eminent political scholars
3) Include a critical commentary on the system being described