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The british Constitution by Imran ahsan khan nyazee

By: Material type: TextTextLanguage: English Publication details: Lahore Federal Law house 2011Description: 250 Pages PaperbackISBN:
  • 9789695570838
Subject(s): DDC classification:
  • 342.41 NYA
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Item type Current library Collection Call number Status Barcode
Books Books Dept. of Sharia & Law Seminar Library Social Sciences 300 Social Sciences 342.41 NYA (Browse shelf(Opens below)) Available DOSL1191

The British Constitution is a unique and complex entity, primarily unwritten and uncodified, meaning it is not contained within a single document. Instead, it comprises statutes, common law, conventions, and works of authority. This flexible and evolutionary nature distinguishes it from many other constitutional systems around the world.
Key Components

Statutory Law: These are laws enacted by the Parliament. Important statutes that form part of the British Constitution include the Magna Carta (1215), the Bill of Rights (1689), and the Parliament Acts (1911 and 1949).

Common Law: Judicial decisions and precedents established by courts over centuries play a crucial role in the British legal system. Landmark cases and judicial interpretations contribute significantly to constitutional law.

Constitutional Conventions: These are unwritten practices that have developed over time and are regarded as binding. Conventions dictate the workings of government institutions and the relationships between different branches of government, such as the convention that the Prime Minister must be a member of the House of Commons.

Works of Authority: Scholarly works by constitutional experts are considered authoritative in explaining the principles and practices of the Constitution. Notable works include A.V. Dicey’s "Introduction to the Study of the Law of the Constitution" and Walter Bagehot’s "The English Constitution."

Principles

Parliamentary Sovereignty: This principle holds that Parliament is the supreme legal authority in the UK, capable of creating or ending any law. Generally, no Parliament can pass laws that future Parliaments cannot change.

Rule of Law: The principle that all individuals and institutions are subject to and accountable under the law. It ensures fairness, equality, and justice in the application of laws.

Separation of Powers: While not strictly adhered to as in some other countries, the UK employs a separation of powers among the executive, legislature, and judiciary to prevent the abuse of power and ensure checks and balances.

Constitutional Monarchy: The UK is a constitutional monarchy, meaning the monarch's powers are limited by law and are mainly ceremonial. Real political power resides with elected officials.

Recent Developments

The British Constitution is dynamic, evolving with new statutes and judicial decisions. Notable recent developments include the Human Rights Act 1998, which incorporates the European Convention on Human Rights into domestic law, and the devolution acts that granted varying degrees of legislative power to Scotland, Wales, and Northern Ireland.
Conclusion

The British Constitution is a sophisticated blend of laws, traditions, and conventions that has developed over centuries. Its flexibility allows it to adapt to changing circumstances, making it a living and continually evolving document. Understanding the British Constitution requires an appreciation of its historical roots, its key principles, and the ongoing developments that shape its current form.

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Zeeshan Ullah, Librarian, Central Library Islamia College Peshawar, Email: zeeshan@icp.edu.pk