Constitutional Law-I

INTRODUCTION The British Constitutional system is the oldest democratic system in the modern world. Great Britain is a Mother of Democracy. The British Constitution is constantly growing, continually developing, and changing from time to time. DEFINITION OF CONSTITUTION According to Colin’s Law Dictionary: The Constitution of a country or organization is the system of laws … Read more

INTRODUCTION The British Constitution contains legal and non-legal sources such as conventions and juristic writings. There is no single constituent document; many constitutional sources are of a written nature. To give meaning to the Constitution, it is necessary to study many fundamental documents, statutes and cares together with the non-legal conventional rules surrounding and giving … Read more

INTRODUCTION The British King’s royal prerogatives included appointing the prime minister, granting pardons, and representing the nation diplomatically. In a parliamentary state, the executive consists of three parts, the Queen/Crown, the Cabinet and the civil service. The Queen/Crown is the formal or nominal executive. The Cabinet is the real executive. The Crown and the Cabinet … Read more

INTRODUCTION The parliament of England is the mother of all other parliaments. The King/Crown, the House of Lords, and the House of Commons constitute parliament. Parliamentary sovereignty means the supremacy of parliament, i.e. parliament can pass, amend or repeal laws to any extent, and there are no fundamental laws with which Parliament cannot interfere. DEFINITION … Read more

INTRODUCTION The doctrine of separation of powers was adopted by the Convention of 1787. It was assumed not to promote efficiency but to preclude his exercise of arbitrary power. The purpose was not to avoid friction but to save the people from autocracy. MEANINGS OF SEPARATION OF POWER According to Black’s Law Dictionary: Separation of … Read more

INTRODUCTION The British Government is a highly centralized system of Government. It is based on one of the most important conventions of ministerial Responsibility before parliament for all policy decisions and actions a minister takes individually or by the Cabinet. MEANING OF MINISTERIAL RESPONSIBILITY Ministerial Responsibility implies two meanings. They are as follows; The minister … Read more

INTRODUCTION The “Rule of Law” doctrine was introduced in the British Constitution to prevent the coercive powers of the state to press individuals. The “Rule of Law”, which forms a fundamental principle of the English Constitution, is one of the unique characteristics of the British Constitution. DEFINITION OF RULE OF LAW According to Aristotle: He … Read more

INTRODUCTION The cabinet is the real executive, and the Prime Minister is the Key man of it. He holds the most critical position in the ministry. He is virtually head of the administration while other ministers serve at his pleasure. He is the repository of supreme executive authority and enjoys adequate jurisdiction and control over … Read more

INTRODUCTION Law making involves the proposal and drafting of a bill, followed by its review, debate, and voting by the legislative body to determine its passage or rejection as a law. There are several stages in the British Parliament for the Bill to become an act. The procedure of adopting the public, private, and money … Read more

INTRODUCTION “The King can do no wrong” is the personal prerogative and is spoken about the King as a person, and no proceeding, civil or criminal, is maintainable against the Crown in person. MEANING OF THE MAXIM This prerogative enjoyed by the King has two distinct meanings from the point of view of English Constitutional … Read more