Understanding Constitution of UK and its unwritten nature.
A Constitution can be defined as a set of rules and regulations in an organization or a Nation. Basically, constitution established anywhere serves the purpose of providing a guideline to the Governments on how to run the country. It tells how one can form laws, make Acts give rights to our citizens that fulfills our purpose of becoming a proper welfare state. The Constitution clearly defines any particular entity like state, judiciary e.t.c and also mentions their powers. In many modern constitutions like that of India, we can observe a clear cut power division in the functionality of three wings of the union- executive, judiciary and legislative with each having its own role plus the powers given to each one of them counters each other to ensure that no wing of the union gets absolute power and becomes influence on proper functioning of the other.
If we talk about modern state constitutions we would find out that they are divided into two main parts which is - a) written constitution b) unwritten constitution
A written constitution is a set of codified laws in the form of various parts, schedules and lists of subject matter of governance., includes government functions, rights of citizens, duties of citizens towards our nation, type of constitutional order and laws governing the system.
Unwritten constitutions like Britain(UK) , New Zealand and Israel have unwritten constitutions. Unwritten constitution is the one where legal norms, fundamental laws and all other related norms in a very unwritten ways are not being organized into various chapters, parts and annexures; here powers and functions of others are not clearly mentioned which makes the legislature or the parliament supreme to other bodies of the government. Which makes it imprecise and unclear, no proper distribution of powers between parliament, legislature and the executive.
Uk’s Constitution at glance
Uk’s constitution is by far mostly unwritten as it is based on conventions and political tradition which was never recorded in any time of history. Some salient features of Uk’s Constitution is -
● It is an evolutionary constitution which means it was never formed by any committee but has evolved with due process based on discussion and deliberations.
● Its constitution being unwritten mostly, is highly flexible and lays no fixed interpretation of any particular law.
● Uk constitution is Unitary and most of the power is concentrated with the British Parliament as the main center of power.
● Establishes a parliamentary form of government which means the Prime MInister and his/her Ministers are responsible for the functioning of government actions and policies, where the crown has been deprived of all the powers.
● Establishes absolute sovereignty of the parliament, which means their parliament can solely take actions on their own.
● Establishes the system of rule of law, which is also used in the Indian Constitution.
● Uk is a constitutional monarchy.
● Uk follows a Bi party system.
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