Course Instructor: Saba Alam SOL| School of Law

Subject: UK Constitution LL.B-III (5 Years)

SOURCES OF THE BRITISH CONSTITUTION

INTRODUCTION:

The English Constitutional Law is not to be found in one document. It can only be
understood by reference to long series of acts, traditions and judicial decisions. In the
United States, there is only one source of constitutional law namely, the Article of the
Constitution. Such is not the case in England.

MEANING OF SOURCE:

The term "Sources of law" means the origin from which rules of human conduct came into
existence.
SOURCES OF THE BRITISH CONSTITUTION

There are five main sources of the English Constitutional Law.

1. CONVENTIONS:

Firstly, there are some principles of the Constitution which are based on what Dicey has
called, "the conventions of the Constitution.” In fact, the workability of the English
Constitution is based upon conventions without which it world become unworkable. These
conventions are regarded as sacred as laws of the Constitution. Their importance lies in the
fact that fundamental principles of the English Constitution like the sovereignty of
Parliament and ministerial responsibility to the Parliament upon which the ‘successful
working of democracy depends are regulated by conventions. The most important
conventions in England are the following:-

i. The Queen or King must accept the advice of the Cabinet.

ii. No tax can be levied without the sanction of Parliament.
iii. The Parliament must meet at least once a year.
iv. The leader of the majority party in the House of Commons - must be appointed as
the Prime Minister.
v. The Cabinet is collectively responsible to Parliament.
vi. The Parliament shall consist of two chambers.
 Course Instructor: Saba Alam SOL| School of Law
Subject: UK Constitution LL.B-III (5 Years)

vii. Only the law-lords shall attend the meetings of the House of Lords for deciding
judicial cases.
2. CHARTERS (Historical Documents):

The second important source of the English Constitution is the great Charters and
Agreements which define and regulate the powers of the Crown and the rights of citizens,
etc. Such charters have become historic documents and, therefore, an important part of the
British Constitution. Among these documents the important ones are the following:-

i. Magna Carta (1215):

It defined the organization 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 lay down that no person in England can be compelled to pay any loan, gift or tax without
the previous sanction of the Parliament.

iii. Bill of Rights (1689):

It made the Parliament the supreme law-making body and declared that it should be called
regularly. It also provided a list of individual rights.

iv. Act of Settlement (1701):

It fixed certain rules regulating the order of succession to the British throne.

v. Act of Union with Scotland (1707) :

It contains some provisions which have permanently United Scotland with Enciand under
one common Government.

3. STATUTE AND ACTS OF PARLIAMENT:

The third important source of the English Constitution is the Statutes (Laws) passed by the
Parliament from time to time. It may be noted that the British Parliament is fully
empowered to change these statutes whenever It likes. The following are the important
statutes of the British Parliament:-
 Course Instructor: Saba Alam SOL| School of Law
Subject: UK Constitution LL.B-III (5 Years)

i. Reform 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 of Commons. It also reduced the life of the House of Commons from seven to five
years.

iii. Representation of People’s Acts of 1918 and 1928:

These Acts established the principle of the Universal Adult Suffrage by guaranteeing the
right of vote to women.

iv. Statutes of Westminster Act, 1931:

It recognized the Independence of the Dominions of Canada, South Africa, Australia and
New

v. Indian Independence Act, 1947:

It handed over all political powers to India and Pakistan by the division of India.

4. JUDICIAL DECISION:

Judicial decisions are the judgments and interpretations of the British Courts which define
the scope and limitations of the different charters, statutes and Common Law of England. So
great is that importance of judicial decisions that Dicey termed the British Constitution as a
judge made Constitution? Good illustrations are the decisions in the Bushel’s case (1670),
establishing the independence of juries, and that in Howell’s case (1678), vindicating the
immunity of judges.

5. EMINENT WORKS:

Some of the eminent works written by authorities on the subject also form a part and parcel
of the Constitution. May’s Parliament Practice, Dicey’s Law and Constitution, Blackstone’s
Commentaries on English Constitution, are some of the notable examples.
Course Instructor: Saba Alam SOL| School of Law
Subject: UK Constitution LL.B-III (5 Years)

6. 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 of the English Society, and later on recognized by the Courts of the
country." Such rules are apart altogether from any action of Parliament and include many of
the most important features of the governmental and legal systems and are fully accepted
and enforced as law. The prerogatives of the Crown, the right of trial by jury, the right of
freedom of speech and of assembly, the right of redress for tortuous acts of governmental
officers rest almost entirely on common law.

7. JUDICIAL DECISIONS:

The courts interpret statutes, solemn agreements and common law whenever disputes are
referred to them. Their decisions have contributed a good deal to the development of the
British constitution. Dicey has remarked that the English Constitution is a judge-made. Most
of the rights enjoyed by the British people today are the outcome of contests carried on in
the courts. The right to personal liberty, the right to public meeting, the right to freedom of
speech, etc. is in England are the result of judicial decisions.

CONCLUSION: