Once widely admired, especially during the seventeenth century by French philosophers, the British constitution has now become a target for criticism. There have been strong debates regarding constitutional reforms that emerged after the democratic reforms of the nineteenth century to the criticisms of the House of Lords since 1911 or of the « first past the post » ballot system. The theme of the debate goes on to describe that the two main parties seem to differ not on economic or social matters but on the subject of a constitutional reforms. It is therefore essential to present the predominant principles of the constitution before addressing the main reforms forecast by the labor government.
There is no written constitution in the United Kingdom. This does not mean that Britain lacks a body of constitutional law. In fact, many statutes precise the rôle of the different institutions, and the main principles of British democracy. But there is no authoritative statement of the relations between the political institutions, and no Bill of Rights (the limited Bill of Rights of 1689 mainly protects the rights of Parliament). This is the first prominent characteristic of the constitution, which entails that custom has a great importance in the British political system.
The main principle of the « unwritten constitution », as it is often depicted, is the sovereignty of Parliament. Once voted and given royal assent, a law has supreme authority. No written constitution, no supreme court may challenge its provisions. In fact, this sovereignty of Parliament has enforced the supreme power the House of Commons, and to a large extent that of the Cabinet, as we shall see in the description of the actual work of the British institutions.
[...] We have already mentioned the rise in power of the House of Commons with the progress towards universal franchise, and the limitation of the powers of the House of Lords. The English political system evolved in fact from an oligarchy to a democracy. This evolution has led to two conceptions of the constitution. In the liberal view, all the power is exerted by the House of Commons, which expresses the sovereignty of the people and controls the government. Although not entirely false, this vision must be confronted to another. The liberal view of the constitution does not take into account non-elected bodies, the Monarch and the House of Lords. [...]
[...] In fact, this sovereignty of Parliament has enforced the supreme power the House of Commons, and to a large extent that of the Cabinet, as we shall see in the description of the actual work of the British institutions. The work of the institutions Theoretically, the Crown is at the top of the constitutional framework. The ministers are appointed by the monarch and exert their authority in his name only, not in that of Parliament. In fact, the rôle of the constitutional monarch is very limited in Britain. By custom, he lets the Cabinet exert his prerogatives. [...]
[...] The rôle of the monarch is also important, though declining, in international affairs as head of the Commonwealth. The House of Commons is the centre of legitimacy and authority. There is no separation of powers in Britain, and Parliament - that is, the House of Commons - may override any jurisprudence or change the statute at any time. : no law has a superior authority. Where statutes exist, the courts have no power to question it. Nevertheless the government takes in fact most initiatives. [...]
[...] As for Parliament itself, The Labour government has no project of proportional representation in the House of Commons, a Liberal proposal since 1922. However, Tony Blair has promised a reform of the House of Lords. The problem is to decide what kind of a second chamber is possible. An elected second chamber would certainly enter in conflict with the House of Commons, but a nominated chamber seems likely to strengthen the power of government far beyond what it is now. [...]
[...] It is therefore interesting, before addressing the main reforms forecast by the Labour government, to present the main principles of the constitution. I. Description of the constitution The principles There is no written constitution in the United Kingdom. This does not mean that Britain lacks a body of constitutional law. In fact, many statutes precise the rôle of the different institutions, and the main principles of British democracy. But there is no authoritative statement of the relations between the political institutions, and no Bill of Rights (the limited Bill of Rights of 1689 mainly protects the rights of Parliament). [...]
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