ALVI LAW ASSOCIATES
0313-4384159
Regards: Wajeeh Ahsan Alvi
(M.A, LLB, DTL)
Contact No: 0313-4384159
NOTE: These notes are the intellectual property of ALVI
LAW ASSOCIATES by WAJEEH AHSAN ALVI not for sale
not for Re-forward if anyone found in any of above activity
will responsible for the consequences. If you are going to study
these Notes, I’ll recommend you to take lecture of these questions
for better understanding and concept building then you will be
better able to understand the question and answer accordingly. All
lectures and important stuff is available on my YouTube channel.
Channel name Alvi Law Associates. For free notes and lectures
series WhatsApp only.
Here is the playlist of all lectures of BRITISH/UK constitution for
LLB part 2 and 3 you can watch lecture of this question from here.
https://www.youtube.com/watch?v=rDaDyLbXmeU&list=PLXTPCls
X2hdCCiq15CKmj8I1ZfBvTIT91&pp=iAQB
Question # 02:
Write a detailed note on the sources of British
Constitution?
1. INTRODUCTION:
The British Constitution, often described as
unwritten, is a complex system shaped by historical events, statutes,
conventions, and judicial decisions. This constitution lacks a single
codified document but draws from various sources, including statutes,
common law, conventions, and works of authority.
2. MEANINGS OF CONSTITUTION:
According to black’s Law dictionary:
“The fundamental and organic
law of the Nation or state that establishes the
institution and apparatus of the Government.”
3. DEFINITION OF CONSTITUTION:
According to Aristotle:
“The constitution is the way
of life that a state has chosen for itself.”
4. TYPES OF CONSTITUTION:
There are two types of
constitution.
1. Written.
2. Un-written.
5. CLASSIFICATION OF FEATURES OF BRITISH
CONSTITUTION:
The features of the constitution of Uk can be
classified as under.
Features regarding nature.
Features regarding political activities.
Features as to form of Government.
Features regarding Government mechanism.
6. OBJECT OF THE CONSTITUTION:
According to Dicey:
“Constitution is a set of
body between the government and governing body.”
7. IMPORTANCE OF CONSTITUTION:
The Constitution is
crucial because it's like a rulebook for our country, outlining how
the government works and protecting our rights. It ensures
everyone is treated fairly and keeps the government from having
too much power. It's the foundation of our democracy, making
sure we all have a say in how things are run.
8. SOURCES OF BRITISH CONSTITUTION:
Following are
some important sources of British constitution.
Historical charters:
Statutes:
Judicial decisions:
Conventions:
Common law:
Jurists workings:
9. HISTORICAL CHARTERS:
Historical charters are important
sources of the British Constitution, serving as foundational
documents that outline key principles and rights. These charters
played a crucial role in shaping the constitutional development of
the United Kingdom.
MAGNA CARTA 1215: One significant charter is the Magna
Carta, signed in 1215. It limited the power of the monarch,
established the principle of the rule of law, and safeguarded
certain rights of individuals.
PETITION OF RIGHTS: Another notable charter is the
Petition of Right (1628), which reinforced the limitations on the
king's power and asserted the rights of Parliament.
THE BILL OF RIGHTS: The Bill of Rights (1689) is yet
another important charter, confirming parliamentary supremacy
and enhancing the rights of citizens.
10. STATUTES:
Statutes are the laws passed by parliament and
also known as the act of parliament. The great part of the
constitution of British is based upon these statutes. According to
the need the British parliament made laws and include in the
constitution of UK. Some of the statutes are as under.
Human Rights Act 1998: Guarantees fundamental rights and
freedoms to individuals, incorporating the European Convention
on Human Rights into UK law.
Constitutional Reform Act 2005: Reforms the judiciary and
establishes the Supreme Court as the highest court in the UK.
11. JUDICIAL DECISIONS:
Judicial decisions are another
most important source of the British constitution. Following are
the most important cases in this regards.
Bushell's Case (1670):
Key Point: Established the right of juries to deliver a
verdict based on their conscience, free from external
pressures.
Impact: Contributed to the development of the
principle of jury independence and the right to a fair
trial.
Howell's Case (1678):
Key Point: Emphasized the importance of a fair legal
process and the prohibition of torture to extract
confessions.
Impact: Helped establish the principle that evidence
obtained through torture is inadmissible.
12. CONVENTIONS:
The most of the constitution of UK is based
on the conventions. These are not codified anywhere but have
authority of law.
Constitutional Monarchy: The UK has a hereditary
monarch as the head of state, but the powers are limited by
constitutional principles, and the government is run by
elected officials.
Rule of Law: Everyone, including the government, is
subject to the law. No one is above the law.
13. COMMON LAW:
Common law is a significant source of
the British constitution. It's a system of legal principles
developed through judgments in court cases over time. Unlike
laws created by statutes, common law evolves through decisions
made by judges. These decisions set precedents, meaning that
future cases are often decided based on past rulings.
14. WORKING OF JURISTS:
The working of jurists are the
important source of UK constitution.
Examples:
Dicey’s law of constitution.
Blackstone’s commentary.
15. CONCLUSION:
The British Constitution is an unwritten,
flexible system shaped by centuries of evolution. It comprises
statutes, common law, conventions, and scholarly writings.
Sources include the Magna Carta, conventions, royal
prerogatives, and legal traditions. Its unique nature lies in its
adaptability to societal changes.
Regards: Wajeeh Ahsan Alvi
(M.A, LLB, DTL)
Contact No: 0313-4384159
