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Constitution of UK

• We were colony of UK. It is exemplary constitution of parliamentary system of government. We had English law
system. They gave us a system.
• British constitution is a mother of all modern constitutions. Constitution does mean structure, and composition.
State is artificial person. State does mean society, which is politically organized. Political organization of state is
government. People create Nations. Sovereign is the ultimate authority of state. State has four integral parts, i.e.,
people, territory, government, and sovereign. Government does mean group of people who run the affairs of
society or government. Government is composed of three institutions, i.e., Executive, legislature, and judiciary.
Courts decide according to law. All the parts of government have some links with each other.
• Executive settles the disputes and makes the rules. Distribution of the power is maintained among the federation,
units, and separation of the powers between institutions.
• England is a single country while Great Britain is combination of England, Wales, and Scotland and United
Kingdom is collections of Great Britain and other Iceland. British Constitution means Constitution of Great Britain.

Salient Features Of British Constitution


British constitution system is the oldest democratic system in the modern world. The British were the first
to discover how to manage a large state on democratic principles. Greater Britain is mother of democracy.
There are so many qualities of British constitution it is called Salient Feature of UK Constitution. There
qualities are as follow

Unwritten
Most important feature of British constitution in unwritten. It is said that UK constitution is
unwritten because it is not available in single book. Their problems are discuss in other book. Such as
parliament Act of 1911, and Act of settlement.
The origin of constitution is unwritten and these problems are discuss in other books, it consist other
tradition.
Flexiable Constitution
The British constitution is flexible in its nature because, with the simple majority this constitution can amend,
replace and rejected. So,its amendment is very easy as we compare with other non-flexible constitution.
Evolutionary Growth
The British constitution has evolutionary growth because it developed time to time and through passage of
time, this constitution grow.
Unitary
This is a also salient feature of UK constitution that single Government run the function of UK. There is no
part in this regard single Government maintain all system and this government is responsible for
enforcement of law.
Bicarmeralism
The parliament consist of two chambers House of Lords and House of Common. House of common is most
popular because it representative are elected from citizen while house of Lord is inherited. They were not
elected, Queen selects them.
Rule of Law
Uk constitution providers rule of law. All the persons are equal in the eyes of law. If any person violates the
law, he should face trial of the case in the Government and no person is given imprisonment until his offence
is proved in the court.
Supermacy of constitution
There is supremacy of constitution in UK. Every person problem is settled according to constitution.
Independence of Judiciary
In UK, their is independent judiciary. Judges are bound to obey and respect constitution. There are
independently makes the decision under the court. The receive handsome salary. Nobody, above at the
caused separation of power.
Collective Responsibility
Ministers must stand together and they cannot oppose the Government policy. Every minister is also
individually responsible to the House of Commons and the crown.
Fundamental Rights
Fundamental rights of the citizen has not been incorporated in the form of a list in the English constitution.
Constitution law is not creator but a product of fundamental rights, which have been recognized from
time to time by the courts.
Conservativeness
The British constitution is a symbol of conservativeness. The trend of the people of UK is absolutely in favor
of old institution and this concept is existence of conservatism.
Limited Separation of Power
In British, there is limited sparation of power. There is concentration of political power in the parliament.
Nevertheless, many safeguards have been provided especially under Act of settlement of 1701 to secure the
independence of judiciary from under influence on the part of other two branches of the Government.
Two Party System
Two party system is very important in any democratic system. It is against the dictator ship. The party
selected by majority gets elected. Two parties in British political system are
a) Conservation Party
b) Labor Party
Contrast Between Theory and Practice
There is considerable gap between theory and practice in Britain e.g according to convention of the majority
party in the newly elected parliament to form the cabinet, while all the ministers are appointed by the Prime
Minister.

Conclusion
To conclude, i can say, that UK constitution in neither absolutely unwritten nor absolutely written. It is a
combination of both, has made a circuit for the goble, and has become the common possession of civilized
man.

Sources of British Constitution:


Sources means what is material on which British Constitution is based.
There are three sources on which British Constitution is based, i.e., Legal Sources, Conventional Sources, and
Advisory Sources.
1. Legal Sources: There are three legal sources, i.e., Statue Law, Case Law, and Customary Law.
a. Statue Law (Parliament Acts): All the laws, which are passed by the British Parliament, are called
statue law, like Bill of Rights 1668 – no tax can be levied or no army action can be taken without
permission of parliament. No one can suspend any law without any reason,
Act of Settlement 1700 – all the organs of the government will be independent particularly judiciary
will be independent,
Parliament Act 1949 – how the parliament will be formed and what are the rights of the Crown,
Magna Carta 1215 – it is the bases of the rule of law and also contains the rights of the people in a
democratic set up, and Crown Proceeding Act 1947 – a person can sue the government.
b. Case Laws – means judge made laws: It contains to Common Law and Interpretation of Statue Law.
Common Law also has two kinds, i.e., Local Customs and Common Customs. Local customs are those
that vary place to place like law of inheritance, marriage etc., and Common Customs are those, which
are similar all over the country like Finance Act, Tariff Act, Traffic Rules etc. As far as interpretation
of statute law is concerned they give some meaning, or explanations to the statutes.
c. Customary Law: Customs that are not made part of law. It forms basic structure of British
constitution. British constitution does not vest power to the organs of the government but there are
certain customs that determine the powers of the organs of the government. King is ruler, courts
decide the cases, working of parliament, parliament itself is a Court, basic institutions and the
parliamentary proceedings, supremacy of the parliament, both houses of the parliament are master
of their business are similar kinds of the customs. These customs are not written elsewhere but it
fact that all the business of the British society is being carried on by the customs.
2. Conventional Sources:
• Political practices/usage, which has been adopted to curtail/reduce the discretionary powers of the
king/queen or other high officers. Queen has many powers but practically she does not exercise such
powers, and the elected people exercise them. Selection of Prime Minister is convention. The
queen/king on the advice of Prime Minister does every job. Leader of the majority party in House of
Commons is elected, as Prime Minister is also a convention. King/queen on the advice of Prime
Minister also appoints all other ministers.
• All ministers are collectively answerable to the parliament. No one can speak against government. If
anyone has any objection can discuss in party meeting; otherwise he has to resign before he speaks
against the government policy.
• If vote of no confidence is passed against Prime Minister, he either may resign or may dissolve the
House of Commons for fresh election.
• Parliament will meet once in a year.
• Prime Minister draws his salary as Secretary and not as Prime Minister because Prime Minister has
no legal status while Secretary has legal status. Parliament itself is conventional.

Conventions are those which are:


1. No immemorial origin;
2. Product of last 250 or 300 years; and
3. Have not force of law.
3. Advisory Sources: These are those which found in books, journals, and articles.

Rule of Law means principles of general application given by state to control human behavior. It is a
body of principles, recognized and applied by state in the administration of justice. Any principle, which
governs human behavior generally, is law. Every law curtail, restricts our liberty. Why we accept law, we are
slaves of law.
In simple term, it means that all the people should be governed and controlled according to principle and
should no discrimination among them at all. It has been generally in our civilization that people prefer rule
of law and they are governed by rule and not by the will of a single one.
People were governed by the natural law and not by the will of ruler. Now concept arises:
1. No will be tried in two cases at a time.
2. Law of evidence emerged.
3. Safeguards are provided for the retention of property.
4. Impartial judgement came into existence.
5. No torture will be used for getting of confession, etc.
With the passage of time, natural law gave national law. Internal nature was same while external nature was
different. Every state in modern time has right to have her-own law. Natural law made national law. Natural
law comes to focus of national law. Now people respect the parliament because it is composed of the people
of their own representative, they have authority; they act according to the wishes of the people.
New political system contains upper and lower houses, parties, oppositions, and people wishes.
Representatives come from upper class and they make laws for upper class negating the lower class of labor,
tenants, common people etc.
To overcome this situation supreme law is made. It is reflection of the wishes of the people. It makes the
people stronger and guarantees the rule of law.
If there is no rule of law, there is always uncertainty. Law protects the rights of individuals.
However, concept of law kept changed time to time with natural law and divine law. Generally people’s
thinking are towards good laws. People’s emphasis shifted from natural law to national law. A national state
established. Now law is created by state itself.
After 1688, supremacy of parliament established. Now in modern times rule of law means rule of
constitution. Constitution is considered superior than all laws. Professor Dicey expounded this theory in Law
of the Constitution.
1. Everyone is subject to law. Government is under law. King is subject of law. No one is immune. All have
to follow law.
2. Everyone, in the eyes of law, is equal and discrimination has been disappeared. Poor or rich, white or
black are not subject. He compares it with French system where separate courts are established to deal
government and civil cases separately. While in England, only ordinary courts deal all the cases including
government cases. In Pakistan, lower courts have power to issue injunction against government.
3. In United Kingdom, rights of people were protected well than by constitution and are product of initial
decisions of courts. They are not products of constitution. Today Rule of Law is summarized in three main
features.
i) Law and order is better than of anarchy. It must be achieved. Government must have power to
maintain law and order. Where there, Rule of Law is maintained, there it brought prosperity,
economic growth, and development etc.
ii) A government must be regulated by Rule of Law. She must follow these laws. If there is no Rule of
Law, courts cannot decide the cases at liberty. This is the basic difference between the democracy
and dictatorship. Government has to take actions as per pre-decided rules. Government becomes
ineffective if the proper remedy is not provided against the wrongs
iii) There are three certain universal standards relating to the relationship of state and people:
i) Every offender is punished once in a crime and no double jeopardy.
ii) No torture is applied for confession and impartial trials are carried on.
iii) Burden of proof lies on state, being victim in criminal cases. Hearsay evidence is not allowed.
Rule of Law has universal standards. It has been developing in local context. It was first natural law, and then
it was converted into common law, later Acts of Parliament, and now due process of law.

Conventions of the UK Constitution:


UK Constitution is unwritten and this part is called conventions. Constitution is not totally unwritten but
partially. It is written in the books, statues, Acts of parliament, Court decisions etc. However, it is fact that
important part of it is unwritten and is based on conventions. It plays very important role in constitution.

Definition:
• Conventions are the unwritten rules of constitution, practices that regulate discretionary powers of state
authorities at highest level.
• King had executive, judiciary, and legislature powers but later they were separated among the other
organs. Now parliament is the organ responsible for law making and most powerful particularly after the
revolution of 1688.
• Executive is under control of Queen so far. Foreign affairs, nominations and welcome of high
commissions, welfare, nomination of religious leader or head of the church, social set up etc. are the
powers of King or Queen.
• Parliament has right of law making, tax, and sanctioning of army. King desires to rule of parliament.
Queen appoints ministers, senior member of the house of common as Prime Minister. Power has been
transferred from King to Parliament. Power speaks itself. Now UK has political parties. People know their
manifestoes. Parties are effective rather than individual. People exercise their rights in elections.

Examples of important conventions:


1. Prime Minister: Who will be the Prime Minister? People know very well during the elections that who
will be. What will be the position of the Prime Minister? How other ministers will be elected? The Queen
offers leader of the majority party as Prime Minister. He is nominated from House of Commons. He
knows the time of election.
2. Sovereign: King or Queen or Monarch acts on advice of Prime Minister. He or She cannot do anything at
own. Advice of Prime Minister, Cabinet, Minister, or Privy Council is given to crown. All administrative
matters are dealt on the advice of Prime Minister or Cabinet.
3. Government of Prime Minister: All acts are done on the advice of Prime Minister.
4. Ministers are members of the parliament: Queen nominates them on the advice of Prime Minister.
5. Ministers Act Collectively: Decision of cabinet is acceptable to all. If anyone disagree, he must resign
and then criticize. No one can disagree.
6. Cabinet (Prime Minister and Ministers): They are responsible regarding all the acts in parliament.
Mistake of one is mistake of all.
7. Parliament’s removal: Parliament can be dissolved upon vote of no confidence. There are two way outs,
either government resign or dissolution and holding of fresh election.
8. Annual Meeting: Parliament should meet at least once in a year otherwise no finance bill will be passed
and no tax will be levied.
9. Dissolution of Parliament: Parliament may be dissolved on the advice of Prime Minister and fresh
election may be held. Prime Minister remains Prime Minister until successor is elected.
Role, Objectives, Functions, or Purposes of Conventions:
1. Check and Balance in the System: Crown and Prime Minister are governed by the conventions. All the
powers are vested to Crown who is obliged to follow the advise of Prime Minister. Prime Minister is the
leader of majority party in House of Commons. He always takes into consideration the wishes of party
members. Party members, too, take into consideration the wishes of public. If opposition party or people
want to get rid of government, Queen may dissolve the government. If Prime Minister resigns, all the
cabinet resigns.
2. Evolution of Constitutional growth: Since the British constitution is unwritten, so there is great room to
cover its requisite portion with conventions. People of Britain can change everything without changing
its basic structure. Basic system remains unchanged while its outlook is totally changed. British
constitution is just like a building, dwellers of that had never rebuild it except the modification in the
required portion without changing its structure.
3. Bridge between democracy and monarchy: Queen has many rights but practically she is dependent of
Prime Minister’s advice. Prime Minister is the person of majority party who makes and run the
government. In this way conventions are the feelings of old days.
4. Wishes of the People: People always want change. Similarity gives disgust to them. But it is fact that
they do not want to leave their heritage. They want innovation without affecting the foundations.
Convention is the only way to achieve their objectives.
5. Advantages of Monarchy: Queen is impartial ruler and acceptable for all groups of the society. In the
absence of government she runs the government functions. There is no need of elected representative.
She gets control of government when the cabinet is not in operation. She is head of the state. No one
group criticizes her. These principles are the product of conventions.
6. Flexible Constitution: In contrast to USA Constitution that is more rigid, conventions provide flexibility
to make the political and social system flexible for the peoples of Britain.

Supremacy of Parliament:
Parliament is a product of long standing of historic struggle. There are certain stages in constitution, which
have reduced the powers of king and increased the powers of parliament. Some of them are as follows:
1. Proclamation and Ordinances: Proclamation is the Act of Parliament while ordinances are laws
made by executives. All the powers of law making either proclamation or ordinances were vested to
king, i.e., an individual. Later justice Coke gave his ruling in judicial decision that king has no authority
to make laws in the form of proclamation and ordinances. So courts have reduced the powers of king
consequently it has increased the powers of parliament to make it superior.
2. Taxation: It is an important power of any government of the world. Same situation is
with UK government. Every government needs money. This money is obtained by taxation. Taxes
may be imposed directly or indirectly. This money is spent on welfare, government business, to run
government affairs, to carry on war, to carry on social activities etc. There is no source of income for
government except taxation. Earlier all powers of taxation were vested to king. Now by historic
development these powers have been delegated to parliament. Parliament can impose taxes
without consents of king. Magna Carta was emerged in response of taxation. King was in need of
money to carry on crusades. To encourage people to pay taxes, he granted them certain rights.
People became most liberal. King is still sole representative in foreign affairs. He can declare war to
acquire land. All agreements are made in the name of king. He send troops, nominates ambassadors,
imposes custom duty on imports etc. In 1688, Bill of Rights passed stating that no tax will be levied
without consents of parliament.
3. Martial Law/Military: In earlier time, king was the Head of Army. This was the inherited position and
member of royal family were acquired this position step by step. King had power to send troops to
snatch territory to rule over. He lost inheritance in parliament affairs. In 1628, by Petition of Rights,
it was prohibited that king may move troops during the peacetime within country. It was held in
1688, that no army could be maintained without consents of parliament. There is no permanent
army in UK. It was decided year by year. Now it is decided for five years. Powers of establishment of
army have been taken over by parliament. Although king signs every bill, but it is passed by
parliament. It was result of revolution under Bill of Rights.
4. Exemptions and dispensations: Law is given by parliament and king has no authority to make laws.
It was exemption to king to suspend the certain part of parliamentary law to enforce on certain
people. This right was available to him and was frequently used to support his special persons. Now
this right has been taken away.
5. Independence of judiciary: If parliament says one thing and judiciary interprets it otherwise,
parliament may make another law. King has sole authority to appoint and remove judges. Act of
Settlement had decided that no judge would be removed without consents of parliament.
6. Executive powers: Ministers are responsible collectively. Cabinet exercises all powers of
government, which is part of parliament.

Examples of the supremacy of British parliament:


1. Life of parliament: It was governed by Triennial Act. It was liable to be dissolved on discretion. Its life
was then three years. A law was passed to extend its life, in 1715, for seven years. Then again its life was
reduced upto five years, according to Parliament Act, 1911. Septennial Act, 1715, made its life seven
years. Now parliament at its on liberty to reduce or extends her life self at any time.
2. Succession of crown: Means who will be next of king or who will take responsibilities of throne after the
death of king. Old male descendant takes over kingship. This rule is named Primogeniture. If there is no
male alive, then daughter is made Queen. Act of Settlement, 1700, and Act of Abdication, 1938, have
resolved this matter. If king is issue-less, then kingship moves toward to older brother and inherits in his
family and cannot be diverted.
3. Retrospective: Normal practice of law implementation in world is that it takes effect in present or future.
However, it is the quality of British parliament that it can enforce law from back dates. Indemnity and
Damages Acts has enforced in back dates. This power has used in ratification, i.e., authorization of
unauthorized act.
4. Prerogatives of crown: Many discretionary powers are vested in crown, but many of them have been
taken away. Bill of Right, 1688, has taken away most of powers of crown.
5. Political influence: Political conventions have reduced the power of crown and given to parliament. Most
of conventions have become Acts, rests are still conventions, and some of them are vested to crown and
he off and on exercise them.

Are there any limitations on parliament?


There are certain practical limitations which parliament may face. These are as follows:
1. Public opinion: No one, even dictator, can go against strong public opinion. Parliament is composed of
elected people who are supposed to act upon wishes of people. It respects people, but the Act of
Parliament cannot be challenged.
2. Party manifestos: At the time of election every party contests the election with the aim that they will
do certain things if they come into power. They cannot deviate from their manifestoes. If they go against
their commitments, they have to face their results. Most of members will lose their seats in forthcoming
election. The most popular slogan of democratic government is:
Democracy is form of government of people, government by people, and government for people.
Of cannot be changed with off, by cannot be changed as buy, and for cannot be changed as far.
3. Morality: Once in England law of homosexual act was enforced and marriage of two males became legal.
But later on, on people’s protest, it could be repealed. It was in contrast of morality. All the laws contrary
to public opinion, or all laws, which hurt public policy, cannot obtain long life.
4. Rights of the people: There are certain rights of people, such as, property, personal freedom, education,
marriage etc. These rights make limited the powers of parliament.
5. International relations: Today nations live in society as a country. No one, even richest, can go against
international law.

Parliament has central position and has positive role in Britain. It performs legislative function such as law
making. It provides monarchy, Prime Minister, Cabinet, Ambassadors. It also performs judicial functions.
Court of Appeal is in between High Court and House of Lords. Earlier, king was powerful and all the powers
were vested to king. British parliament is bicameral. It has two chambers containing House of Commons and
House of Lords. British government system is unitary. One government exercises all powers. Local
government is run under the law of central government. There is no federation in United Kingdom. House
of Common is elected while House of Lords are non-elective but nominated body.

House of Lords is upper house and non-elected. Its composition was simple. All inheritor members are
either appointed by king or acquiring membership by inheritance. Now other members are included. Today
it is quite diverse. Hereditary members are 850 or 860. Spiritual Lords have fix nominations of 26. They
belong to church. Life Lords are in between of 230 to 240. They are product of Life Peers Act, 1958. They do
not inherit their membership. They are the persons who do not want to come to parliament or they cannot
come through democratic process. They are eminent and beneficial for government and society. Law Lords
are also fix to 11.

Reforms: This is non-democratic house. It is just consultative house. According to Parliament Act, 1911, it
cannot reject any bill passed by House of Commons. It can just delay bill for two years if it is ordinary bill and
finance bill can be delayed for two months. Parliament Act, 1945, has also reduced this duration of delay
from two years to one year and two months to one month. This house has no right of vote. Purpose to delay
the bills is to think about it in calm environment. It is discussed at all in the best interest of public.
Although it has no powers, but it performs some important functions:
1. It is a chamber of parliament passed by House of Commons.
2. Correction: It provides chances to cool down emotions and political sentiments.
3. Simple delay: It cannot revise the bill but simply delays the bill maximum for one year or one month. It is also
called delaying house.
4. Introduction of non-contravention public bills which include common benefit of public. Bill that is contrary to
public interest or opinion will never see the light of the day. It will be killed.
5. Private bills can be originated in House of Lords by private members.
6. House of Lords is forum where free and full discussions take place on political, social, economic, and international
issues.

Lower House is highly political and short debating house.


Crown and its prerogatives:
There are two classes of crown prerogatives, i.e., personal and political prerogatives.
Personal prerogatives:
1. King can do no wrong
2. King never dies
3. King never infant: However he is one day old or born soon after the death of king, he has right to be
king. If he is minor, how he runs the matters of government? There is law under which a tutor is
appointed who acts on the behalf of that young boy. Despite a tutor or committee he runs the matters
of government, even actually he is not the king.
4. Acts of parliament are not applicable to him unless specifically mentioned in law.

Political prerogatives of British Crown:


1. Dissolution of parliament:
2. Appointment of Prime Minister and Ministers:
3. Appointment of Civil and Military Officials:
4. Appointment of ambassadors:
5. Signing treaties:
6. Declaration of war and peace:
7. Acquisition of property:
8. Maintaining of law and order:
9. Signing bills:
10. Hereditary and life lords:
11. Summoning the parliament:
12. Appointment of judges:
13. Appeals from overseas:
14. Head of the army:
15. Head of the clergy (church):
King does not exercise these powers himself individually. He requires the advice of Prime Minister.

Parliamentary System of Government:


1. Evolutionary: British parliamentary system came into being through the process of conventions. After
signing the Bill of Rights Act, powers were transferred from King to Parliament.
2. Based on conventions: British parliamentary system is based upon conventions. Powers are transferred
from Monarchy to Parliamentary system. Nomination of the Prime Minister from the majority party is
the convention. Address of the King or Queen is written by the Prime Minister is also a convention.
3. Democratic: Government is answerable to parliament and people.
4. Party based: British parliamentary system is based on party system. Every party takes part in the
election. They put their Manifestos before the people at the time of election. They are independent in
the nominations of their candidates.
5. Responsible government: Government is responsible for the act of its members of parliament. Act of
one minister is act of the government.
6. Joint responsibility: British parliamentary system is based on joint responsibility. Mistake of one minister
is the mistake of all cabinet. Prime Minister has to suffer if there is any slot.
7. Dominance of House of Common: At the time of beginning of the parliamentary system both houses
had equally responsibility and were equal in their business. But later on House of Common delegated
more powers and the powers of the upper house reduced time to time. Now upper house has very
nominal role in system. Upper house cannot refuse or reject the bill passed by the Lower House. They
can only delay bill for one month if it is monetary bill and one year if bill is related to non-monetary
matters.
8. No separation of power: There is no separation of power like in USA. Executive and Legislation joint in
their operations. Just judiciary is independent in practice, but in theory it is not independent.
9. Flexibility/unwritten: Since the British system is evolved through conventions so it is flexible and
unwritten. There is very easy system to modify the law.
10. Pre-eminence of Prime Minister: Prime Minister is leader of the majority party. He has the mandate of
people and has considerable influence on party. He is spokesman of party and conveys the messages to
king and in public, press, social level, and any other form. He appoints all ministers. He has leading role.
He advises to king. Nothing can be done in which he has no consents. Prime Minister is the person who
chairs meetings of cabinet. He decides time of meetings, agenda, and discussion. He closes the meetings.
King or Queen act on the advice of Prime Minister. Prime Minister conveys all the discussions to king. He
can individually convey his opinion to king. He did not bring many matters in the cabinet. What is to be
discussed and when, it is upto his sole discretion. He has many discretionary powers. Every Tuesday
Prime Minister and King or Queen meets privately.

Parliamentary Procedure / LEGISLATION:


General principles of procedure: Both houses are masters of their own business.
Courts do not interfere in the working of parliament. Money bill originates only in House of Common.

General Rules:
Types of Bills: Bill is the proposal to legislate the law.

 Public Bills: Related to general system of society, like law of amendment, criminal system, change in law,
education, change in taxation etc.
 Private Bills: Deal with particular issue or individual like Indemnity, Railway, Airline, Corporation etc.
 Hybrid Bills: Mix types bills.
 Private Members’ Bills: Initiated by the members other than government members.

Pre-Bill Procedure:
1. Proposed by government member.
2. Goes to cabinet.
3. Parliament, introduction, law department, legal drafting, experts.
4. Whether the bill goes in Lower or Upper Houses.
5. Money bill only in House of Common. All the rest bills may originate in either house.
6. First Reading: Read out, name, object, and content, change in overall system.
7. Second Reading: Discussion clause by clause. Word by word, through read out.
8. Committee Stage: Select Committee. Something amended and discussed, acceptable or not.
9. Third Reading: Final shape of bill, election. Passed or rejected.
10. If upper house disagrees, one-month delay in case of money bill, and one year delay in case of
ordinary bill.
11. Assent of King or Queen: Finally King or Queen sign the bill. Bill remains bill and cannot converted
into Act or Statute until or unless King or Queen signs it. Since four hundred years King or Queen
have never refused to sign any bill. So it is convention that he or she will sign the bill passed by the
government of people.

Functions of Parliament in Great Britain


British Parliament has been regarded as the earliest of the modern Parliaments and as such called Mother
Parliament. It has borne deep imprints on the Parliamentary procedure of modern legislatures.

Two houses of the Parliament


The British parliament is consisting upon two houses; The House of Commons and the House of Lords.

Legislative Functions of the House of Commons


The prime function of the House of the Commons is legislation, which may be described as under:
A. Drafting of Bill
Nearly all government Bills are drafted by Parliamentary Counsel to the Treasury, a staff of barristers
or solicitors in the Treasury whose office was constituted in 1869.
B. Classification of Bills
A project of law during its passage through Parliament is called a Bill, and s its subdivisions are called
clauses. Bills are classified into three kinds:
i. Public Bills
Public Bills i.e. measures affecting the community at large or altering the general law. A public Bill
applies by description to all persons subject to the authority of Parliament or to certain classes of
such person.
ii. Private Bills
Private Bills, i.e. measures dealing with local or personal matters, such as a Bill giving special
powers to a local authority or altering a settlement.
iii. Hybrid Bills
Hybrid Bills, i.e. Bills which, 'although they are introduced as public Bills affect a particular private
interest in a manner different from the private interest of other persons or bodies of the same
category or class.
C. Ordinary procedure on Public Bills
Most kinds of public Bills may originate either in the Commons or the Lords, but there are certain
classes of Bills, such as Money Bills and Bill's dealing with the representation of the people, which by
parliamentary custom or constitutional convention may originate only in the Commons.
i. introduction of Bills
A member, whether a Minister or unofficial member, introduces a Bill by presenting it at the table
or by motion for leave to introduce it, in either case after giving notice.
ii. Five stages
The five stages through which a Bill passes in the legislative process in the Houses are:
(i) first reading, (ii) second reading, (iii) committee stage, (iv) report (or consideration of
amendments) stage, and (v) third reading.
a) First reading
The Bill is ordinarily presented in "dummy," i.e. a sheet of paper on which is the name of the
Member, and the title of the Bill. The "first reading" is purely formal.
b) Second reading
Section 19 of the .Human Rights Act 1998 requires the Minister in charge of a Bill in either
House before the second reading of a bill to make a statement to the effect that in his view
the provisions of the Bill are compatible with the Convention rights, a written statement t9
this effect must also be published.
c) Committee stage
The great majority of Bills which pass the second reading will stand committed to a particular
Standing Committee, unless the House otherwise orders. The other options are a Committee
of the Whole House; splitting the Committee stage between a Committee of the Whole House
and a Standing Committee; a joint Committee of the two Houses; an adhoc Select Committee.
At this stage, details discussed and proposition of amendments done. The Bill discussed clause
by clause, and amendments were moved in the order in which they come in the clause.
d) Selection of amendments
In order to save time, Standing Orders give to the Speaker on the report stage, or Chairman
of Committee, the power to select certain new clauses or amendments for discussion. The
rest were voted on without debate.
e) Report Stage
The Bill as amended in Committee is then "reported" to the House. It may, with certain
restrictions, be further amended as in Committee. It is not unusual for the Government to
table numerous amendments at this stage, some representing undertakings given in
Committee.
f) Third reading
After the Bill has been considered on report, it is put down, for "third reading." If there is a
debate on third reading, it is on general principles and only verbal amendments can be
moved.

Legislation procedure in the House of Lords


The procedure on legislation in the House of Lords resembles generally the procedure in the Commons,
although it has greater flexibility.

Royal Assent
When a Bill has been passed by both House, or passed by the Commons under the Parliament Acts, it is ready
to receive the Royal Assent.

Private Members' Bills


Public Bills may be introduced by private Members. Private Members do not introduce Bills authorizing
expenditure, because these require a financial resolution with a recommendation from the Crown.
i. The Ballot
There are always more private Members wishing to introduce Bills than there is Parliamentary time
available. At the beginning of each session a Ballot is held and the 20 successful members have priority
to introduce a Bill in the time made available.
ii. Ten Minute Rule
A private Member who has not won a place in the ballot can take advantage of the "Ten Minute Rule,"
whereby motions for leave to introduce Bills may be set down at the commencement of public business
on Tuesdays and Wednesdays.

Executive Function of the House of Commons


Since there is no separation of powers in the British System. Therefore, the House of Commons performs
not only legislative functions but also executive functions which may be mentioned as under:
A. Prime Minister and the Cabinet
The Prime minister is the head of the executive in Great Britain. Being the leader of the majority party in
the House of Commons, the Prime Minister assumes the role of leader of the House. As leader of the
Houses, the Prime Minister enjoys certain privileges on the floor of the House.
i. Formation of govt.
The primary functions of the Prime Minister are to form a government, and to choose and preside
over the Cabinet. He gives advice to his ministerial colleagues on matters before they come to the
Cabinet, and he is the main channel of communication between the Cabinet and the Sovereign, with
whom he has a weekly audience. He advises the Sovereign on dissolution.
ii. As Cabinet Chief
As head of the Cabinet, the Prime Minister supervises and coordinates the work of different
Ministers. He performs a pivotal role in the formation and working of the Cabinet. His opinion carries
weight in the Cabinet meetings and as such he can resolve the differences among the ministers.

Modern functions of the House of Lords


In a unitary state a Second Chamber is generally though desirable in order to admit into the legislature
persons with special kinds of experience or representing ethnic, religious or other minorities, and also to
provide opportunity for second thoughts about policy and legislation.
The functions and powers of the House of Lords in recent years may be considered as under:

• Pre-legislative scrutiny
The scrutiny of draft Bills by parliamentary committees is a new function for both Houses of Parliament.
Joint committees consisting of members of both Houses were appointed in 1998-99 to consider
Government Bill. The Lords and the Commons each established a select committee to consider the draft
Freedom of Information Bill 1999.
• Revision of Public Bills sent from the Commons
The House of Lords spends over half its time revising Bills from the Commons. The importance of this
function arises from the lack of time available in the Commons to debate legislative proposals.
• The delaying of legislation
Although of constitutional importance, the power possessed by the Lords to delay the enactment of
legislation has been less significant than its role in revising legislation. The power of the House of Lords
to delay legislation is regulated by constitutional convention and parliament Acts 1911 and 1949.
• The initiation of public legislation and private members' bills
One role of the House of Lords has been described as the initiation of "non-controversial" legislation. It
is true that law reform measures and consolidation bills, bills giving effect to international agreements
to which the United Kingdom has become a party and other issues which do not involve matters of party
political controversy will start their legislative passage in the House of Lords.

• Scrutiny of private bills


The House of Lords perform important function of scrutiny of private bills.
• Scrutiny of delegated legislation
In October 1994 the House of Lords affirmed its unfettered consideration. In February 2000 the Greater
London Authority (Election Expenses) Order came before the Lords and was rejected.
• Scrutiny of Executive
Debates in the Lords do not affect the fate of governments, the practice being to "move for papers" and
then to withdraw the motion rather than press it to a vote.
Questions to Ministers are of less significance than in the House of Commons. There are few ministers in
the Upper House.
4 oral questions (Starred Questions) only may be asked each day for half an hour at the start of business.
Questions may be tabled up to a month ahead, and are allocated on a "first come first served" basis.
• Full and free discussion of large and important questions
The House of Lords, by virtue of the wide and varied background of its members, particularly since the
introduction of life peerages, and its 'freedom from the constraints of party discipline provides a place
where controversial issues of any kind may be debated.
• Select committees
The House of Lords has the power to appoint select committees to examine any matter, which in the
opinion of the House requires investigation. Until the 1970s, such committees were concerned with the
running of the House, but from that time, the House began to use select Committees to scrutinize public
policy.
Exhaustive note on British Monarchy
1. Sovereign as head of state
The United States Constitution declares that, "The executive power shall be vested in a President of the
United of America. By contrast, where the British system of cabinet government is practiced, the formal
statement that the executive power is vested in the Crown corresponds much less closely with the reality
of government. The Sovereign may reign, but it is the Prime Minister and other ministers who rule. Yet
within the executive in Britain, it is not possible to dismiss the position of the Sovereign as a legal
archaism since the Sovereign as head of state performs some essential constitutional functions.
a. Queen and Crown
The Crown refers to a permanent institution whereas the use of the word sovereign, ruler, monarch,
King or Queen; points out the person in whose name all, governmental authority is exercised.
b. Title to the Throne
The title to the Throne is both statutory and hereditary.
The successor to the Crown must take the Coronation Oath, in the manner and from prescribed by
statute and must sign and repeat the declaration prescribed by the Bill of Rights. Any person who
comes to the possession of the Crown must join in communion with the Church of England as by law
established.
c. Accession
When a Sovereign dies his successor, accedes to the Throne immediate. As soon as conveniently
possible after the death or abdication of a Sovereign, an Accession Council meets to acclaim the new
Sovereign.
d. Coronation
Coronation customary takes place in Westminster Abbey some months after accession, and is
conducted by the Archbishop of Canterbury, assisted by the Archbishop of York.
e. Abdication
There is no precedent for a voluntary abdication before 1936, when Edward VIII was given the choice
of abdicating or giving up his proposed marriage with Mrs. Simpson.
f. Royal Style and Titles
The Royal Style and Titles are altered from time to time by Act of Parliament, or by proclamation
issued there under. Several changes have been made in the present century to take account of
constitutional developments in the commonwealth.
g. The Royal family
The official duties of the Queen in her capacity as Sovereign of the United Kingdom and of the other
self-governing Commonwealth monarchies and the remaining colonial territories, Head of the Armed
Services, and Supreme Governor of the Church of England and with her special responsibility to the
Established Church of Scotland, include:
1. Work arising .out of the government such as approving and signing commissions, and reading
ministerial, cabinet, parliamentary and diplomatic papers for several hours a day.
2. Private audiences with ambassadors etc., receiving the Prime Minister and other Ministers,
holding a Privy Council and investitures;
3. Attending at state occasions such as the opening of Parliament, Trooping the Color and religious
services; and
4. Exchanging state visits and visiting Commonwealth countries.
h. Royal marriage
The archaic Royal Marriages Act 1772, by restricting the right of a descendant of George Ii to contract
a valid marriage without the consent of the Sovereign, seeks to guard against undesirable marriages
which might affect the succession to the throne. Until the age of twenty five the Sovereign's assent
is necessary, except in respect of the issue of princesses who have married into foreign families. After
the age a marriage may take place without consent after a year's notice to the Privy Council, unless
Parliament expressly disapproves.
i. Accession and coronation
There are two ceremonies which mark the accession of the new Sovereign. Immediately on the death
of his predecessor the Sovereign is proclaimed by the As session Council, a body which comprises the
Lords Spiritual and Temporal and other leading citizens.
The proclamation is afterwards approved at the first meeting of the new Sovereign's Privy Council.
Later there follows the coronation, the ancient ceremony which, before the hereditary principle was
established, gave religious sanction to title by election and brought to a close the interregnum
between the death of one king and the election of his successor.
j. Minority and incapacity
The Regency Acts 1937-53 make standing provision for the Sovereigns minority, incapacity and
temporary absence from the realm. Until the Sovereign attains the age of 18, the royal functions are
to be exercised by a regent, who will also act in the event of total incapacity of an adult Sovereign.
Normally the regent will be the next person in the line of succession who is not excluded by the Act
of Settlement and is a. British subject domiciled in the United Kingdom.
k. Illness and temporary absence
In the event of illness which does not amount to total incapacity of absence or intended absence
from the United Kingdom, the Sovereign may appoint. Counselors of State to exercise such of the
royal functions as may be conferred upon them by letters patent.
l. Demise of the Crown
Formerly the death of the Sovereign involved the dissolution o Parliament and the termination of
the' tenure of all offices under the Crown. The duration of Parliament is now independent of the
death of the Sovereign. The Demise of the Crown Act 1901 provided that the holding of any office
should not be affected by the demise of the Crown and that no fresh appointment should be
necessary.
m. Financing the monarchy
In the 17th century, when the Sovereign himself carried out the functions of government, the
revenue from the taxes which Parliament authorized was paid over to the Sovereign and merged
with the hereditary revenues already available to him. Today a separation is made between the
expenses of government and the expenses of maintaining the monarchy. Since the time of George
III, it has been customary at the beginning of each reign for the Sovereign to surrender to Parliament
for his life the ancient hereditary revenues of the Crown, including the income from Crown lands.
Provision is then made by Parliament for meeting the salaries and other expenses of the royal
household. This provision, Known as the Civil List, was granted to the Queen for her reign and six
months after, by the Civil List Act 1952. In 1952 the total annual amount paid was £ 475,000 but
following an inquiry into the financial position of the monarchy by a select committee of the House
of Commons, the amount was raised to £ 980,000 by the Civil List Act 1972.
The idea behind the Civil List used to be that Parliament should not be asked to vote money for the expenses
of the royal household each year.
2. Duties of the Sovereign
No attempt can be made to list the full duties which fall to the Sovereign to perform in person. Many
formal acts of government require her participation. Many state documents require her signature and
she receives copies of all major government papers, including reports from ambassadors abroad and
their instructions for the Foreign Office, and also minutes of Cabinet meetings and other Cabinet papers.
a. Private Secretary to the Sovereign
The Private Secretary to the Sovereign plays a significant role in conducting communications between
the Sovereign and her ministers and, in exceptional circumstances where this is constitutionally
proper, between the Sovereign and other political leaders. This office is filled on the personal
selection of the Sovereign; usually it goes to a member of the royal household who has extensive
experience in the service of the Court.
b. Personal prerogatives of the Sovereign
Personal prerogatives of the Sovereign may be summed up as under:
i. The appointment of a Prime Minister
In appointing a Prime Minister, the Sovereign must appoint that person who is .in the best position
to receive the support of the majority in the House of Commons. This does not involve the
Sovereign in making a personal assessment of leading politicians since no major party could fight a
general election without a recognized leader.
Where a Prime Minister resigns because of ill-health or old age, or dies while in office, a new leader
of the governing party must be found.
In 1957, when Eden resigned because of illness, he left two possible successors, Butler and
Macmillan; the Queen consulted with Sir Winston Churchill, a former Prime Minister, and with Lord
Salisbury, to whom the views of the Cabinet ministers were known. This established that Macmillan
commanded much the greater support, and he was invited by the Queen to be Prime Minister.
ii. Dissolution of Parliament
In the absence of a regular term for the life of Parliament fixed by statute, the Sovereign may by
the prerogative dissolve Parliament and cause a general election to be held. The Sovereign normally
accepts the advice of the Prime Minister and grants dissolution when this is requested.
It is doubtful whether there can be grounds for the refusal of dissolution to a Prime Minister who
commands a clear majority in the Commons. Political practice accepts that a Prime Minister may
choose his own time for a general election with the five-year life of Parliament prescribed by the
Parliament Act 1911.
In the last, 100 years there are no instances of the Sovereign having refused dissolution in the
United Kingdom.
That the Sovereign should not refuse a Prime Minister's request for dissolution except for very
strong reason is obvious. In practice, the political significance of the Prime Minister's power to
decide when Parliament, should be dissolved is much greater than the possibility of the Sovereign's
refusal of a dissolution.
iii. The dismissal of minister
The refusal of a Prime Minister's request for a dissolution is but brie aspect of a larger question,
namely whether the Sovereign may ever reject the advice of the Prime Minister on a major issue,
for example, by refusing to make an appointment to ministerial office "which the Prime Minister
had recommended, by refusing to give the royal assent to a Bill which has passed through both
Houses or by insisting that a general election is held before the royal asset is given.
Where the question is that of assent to a Bill which has passed through Parliament, it would not be prudent
for the Sovereign to challenge the wishes of a majority in the House of Commons. Yet the relationship
between Sovereign and Prime Minister is bilateral in the sense that both persons hold office subject to some
principles of constitutional behavior, however vague these principles often appear to be.
iv. The Queen in the Privy Council
The Tudor monarchs governed mainly through the Privy Council, a select group of royal officials and advisers,
having recourse to Parliament only when legislative authority was considered necessary for matters of
taxation or to give effect to royal policies.
As the Cabinet system developed, so did the English Privy Council lose its policy-making and deliberative
role? The council had lost its political authority; politicians began to remain members of the Council after
they had ceased to be ministers, a practice which has continued 'until today.
v. Office of a Privy Councilor
Membership of the Privy Council is today a titular honor. Appointments are made by the Sovereign on
ministerial advice. By convention all Cabinet ministers become Privy Councilors. Members of the royal family
and holders of certain high offices of a non-political character such as Archbishops and Lords Justices of
Appeal are appointed members of the Council.
vi. Functions of Privy Council
The functions of the Privy Council are quite- distinct from those of the Cabinet. The first gives legal form to
certain decisions of the governments; the second exercises the policy-making function of the executive in
major matters. The Cabinet is summoned by the Prime Minister; the Council is convened by the Clerk of the
Council, whose Office dates back to the 16th century. The Lord President of the Council Usually a senior
member of the Cabinet.

British Prime Minister, it’s Power and Position


In Great Britain, appointment of Prime Minister is not explained under constitution or law. Concept of Prime
Minister has been evolved in Great Britain during those constitution changes, which spread over centuries.
In fact, appointment of Prime Minister is due to convention. Now it is an admitted convention that British
King/Queen invites a person, who commands majority in House of Commons , to form government. Thus,
British King/Queen appoints Prime Minister from House of Common.

Choice of Prime Minister


(i) The Sovereign chooses the Prime Minister. Conventions ensure that in most cases the “choice”
is forma, for the Sovereign is expected to send for the leader of the party or group of parties that has,
or can control, a majority in the House of Commons. The choice became formal owing to the
development of the party system.
(ii) If the Prime Minister dies in office or retires on personal grounds, such as ill health or old age,
the sovereign has really no discretion in the common case where the government has an absolute
majority and one other Cabinet Minister in the Commons is obviously regarded as ranking next to the
Prime Minister. In this way Neville Chamberlian succeeded Baldwin in 1937.
(iii) A retiring Prime Minister is probably not entitled to proffer advice as to his successor, but he can make
his views known before-hand, and anyway the sovereign is free to consult him and other members of
the government party.
(iv) There are exceptional circumstances when the sovereign really has exercise a personal discretion within
limits; and this is perhaps the most important function of the sovereign at the present day.
(v) The Prime Minister is normally the leader of his party, having either been chosen as Prime Minster
because he is Prime Minister. He is primarily responsible for the organization of the business of the
House, even if 9as is now usual) this work is delegated to the Leader of the House. In the House he is
expected to speak in debates, and to answer questions on general government policy, the future
business of the House and any residual matters.
Position in the Government
The Prime Minister, dominating position in the Cabinet. This can be well explained under the following
headings:-

a. As Cabinet Chief
As head of the Cabinet, the Prime Minister supervises and coordinates the work of different Ministers. He
performs a pivotal role in the formation and working of the Cabinet. His opinion carries weight in the Cabinet
meetings and as such he can resolve the differences among the ministers.

b. Cabinet decisions
The Prime Minister sees that Cabinet decisions are carried out by the departments, although, as we have
said, the extent to which he supervises the administration varies with different holders of the office. His
contact with the affairs of the Foreign Office is often especially close. The Cabinet secretariat is under this
control, and consults him in preparing the agenda. He communicates directly with the other Commonwealth
Prime Ministers, and presides when they meet in this country.

c. Formation of Govt
The primary functions of the Prime Minister are to form a government, and to choose and preside over the
Cabinet. He gives advice to his ministerial colleagues on matters before they come to the Cabinet, and he is
the main channel of communication between the Cabinet and the Sovereign, with whom he has a weekly
audience. He advises the Sovereign on a dissolution.

d. Appointments
Many Crown appointments in addition to ministerial offices, are made on his advice. These include the Lords
of Appeal in Ordinary, the Lords justices of Appeal, bishops and deans of the Church of England, peerages
Privy councilors and most honours. As First Lord of the Treasury and Minister for the Civil Service, the Prime
Minister approves the senior appointments in the Civil Service.

As Leader of the House


Being the leader of the majority party in the House of Commons, the Prime Minister assumes the roe of
leader of the House. As leader of the House, the Prime Minister enjoys privileges on the floor of the House.

As a National Leader
His opinion on important national issues is paid due head. His statements and speeches are regarded as the
most effective channels for molding public opinion.

Link between the Queen and Cabinet


British Prime Minister acts as a link between the Cabinet and the Queen. He keeps her informed about all
important decisions of the Cabinet. The Prime Minister now invariable takes the office of First Lord of the
Treasury, and occasionally some other office as well, such as that of Chancellor of the Exchequer (Gladstone),
War office.
Conduct of Foreign Affairs
The opinion of the Prime Minister carries special weight in foreign affairs. Secretary of Foreign Affairs,
remains in constant touch with the Prime Minister.

Powers of British Prime Minister


Undoubtedly, British Monarch is constitutional head of Great Britain, but British Prime Minister is considered
actual head of British government. The reason is that all royal powers are practically exercised either by
British Prime Minister or by his/her cabinet-ministers in the name of British Crown.

British Prime Minister holds an influential place in the government. With the passage of time, a number of
powers of British Prime Minister have evolved. Therefore, British Prime Minister possesses many powers.
He is head of administration and possesses following administrative powers.

(i) British Cabinet


British Prime Minister can appoint minister of his/her cabinet. Prime Minister possesses power to allocate
functions and departments among minister. Prime Minister chairs meetings of British Cabinet. British Prime
Minister coordinates not only the activities and policies of the cabinet, but also those of governmental
departments.

(ii) Various Appointments


NO-doubt, actual appointment are made in most cases by British King/Queen, but selections are
recommendations are made by the Prime Minister. British Prime Minister possesses power to advice British
King/Queen for following Appointment
• Finance Minister
• Ministers of Cabinet
• Senior Civil and Military officers
• Ambassadors and diplomatic representatives
• Governor-Generals of dominions and Governors of Colonies
• Peerages, knighthoods and other honors

(iii) National Policy


British Prime Minister possesses power to make national policy regarding national as well as foreign affairs.
Therefore, he/she has control over national and foreign affairs.

(iv) Government Departments


British Prime Minister has also control over government departments. Especially he/she plays an important
role to settle disputes among different governemtn-departments.

(v) Advisor to British King/Queen


Another important power of British Prime Minister is that he/she is chief advisor to British Monarch. He/she
can advice British King/Queen on critical matters like dissolution of Parliament.

Conclusion
To conclude, it can be stated that one of recent observation about constitutional role and powers of British
Prime Minister is that growing role and powers of British Prime Minister are transforming present British
political system into presidential system.
House of Lord, it’s Power and Composition
Introduction
House of Lord is the oldest house among the world. Mostly this house consist inherited represented . It is
also called the appear house of UK parliament. This house is consenter of on peer which are as follow it is
also combination of house of lord.

Hereditary Peer
This peer consist on sons of queen and king about nine then member bellowing this category. It is nominative
by the king and Prime Minister. Generally, the sons of royal family after the age of one year became the
reprehensive are this house. However, the female are not reachable for this house. A great number of
representative of house of lord is from this peer.

Representative peer of Scotland


There number is number sixteen (16) and are elected be Scotland. This is due to accordance with the
prevision of treaty of union 1707.

Representative peer of Ireland


When Ireland was united with England the Ireland peer where in titled to elect are twenty-eight member.

Lords of Appeal
There are nine in numbers and are appointed by the crown under the prepaying of appellate jurisdiction are
1876 to assist of this house for the work of judicial activities.

Spiritual Peer
Spiritual peers is consist of their regions activist they are twenty six (26) members. Two are arch Bishop of
and Canterbury and 24 hours are senior bishop of the Church of England. They will salve there religious
activities.

Princess of Royal Blood


Male adult member of royal family how have attained majority and are with a specified degree of
relationship or appointed as were of house of load.

Life Peer
There member are accreted under be prevision of the life peerage act 1988. They are the person who have
been hold highest offices in the state and have sufficient education such as ex-minister, speaker,
educationist, etc.,
There number of member are not fixed. They number varies for time to time.

Nature
The nature of house of lord is called conservative‫ ﻗﺪ�ﻢ‬chamber because this is the oldest house of parliament
is the world. Most of it representative are nominative that is why it is also called heritor chamber. It is patty
hereditary and party democracy in composition.
Dis Qualification
The following person cannot become the member of house of Lord
a- Insane
b- Minor
c- Convict
d- Bankrupts (insolvency)

Presiding officer
The house of lord is presiding officer of the Lord Chancellor.

Privileges of house of Lord


Following are privileges to the house of Lord
i) Freedom to speech
The Lords can express their views freely are without any person generally is no fix time for speech.
ii) Free access to the convergent
It is also a great privilege to the lord that every member of house of lord can access to the sovereignty discuss
public affairs.
iii) Right to determine its own composition
It is a privilege to the member of house that he can easily express his concept about public affair. He can
express his speech freely without any presser. He can explain his views and concept, whether positively or
rigidly.
iv) Right to publish opinion
The lords can publish then opinion in official paper. It means right of publishing there discussion in the house
of lord. They is no enforcement on the representative of house of lord. For their concept they can easily
publish in Government documents for public affair.
v) Freedom for Arrest
No member can be arrested by parliamentary in section. After the end of section, the representative can be
arrested legally.
vi) Right to receive of summons
The representative of the house lord have the right to received individual redid of schemes of attend the
parliament. It means information about the read and they have right to receive these summons and decided
reedit according to procedure.
vii) Trial of impeachment
There are also right of impeachment cause. If any impeachment cause prelate before the house of lord then
the representative of this house have right to decide these impeachment causes.
viii) Exemption
It enjoys exaction for serving as jurors. This is a great prevailing to the representative of the House of lord.
Because the can made a juror in a specific case because in UK law he is exemption to sit in the juror.

Power and function of house of Lord


Under UK constitution there are following power and function of the house of Lord.

i) Legislative Power
Under this constitution the legislative of power of house of lord may be discuss as under
a) As regarding money bill
House of lord has no jurisdiction about the money bill. In none, money bill house of Lord accepted all these
bills daily passed by the House of Common
b) Judicial Power
The House of Lord jurisdiction regarding judicial power such as try peers in case they are involving against
national interest.
c) Other power
The house of lord has are important faction discussing social and political questions which are not ready for
legation. After above discussion house of lord is oldest chamber in this word. In the being this house lord a
lot of power. But according to passage of time their power reduce.

The Power and Function of House Of Common


British parliament is one of the oldest parliament of modern times that is why it is called the mother
parliament. The House of Common consist totally on the elected representatives. This house played
important role regarding the legislation of UK parliament.
Composition of House of Common
a) Strength
The present strength of house of common is 650. Every member represents about 57000 voters.
b) Term of house
The member of this house are elected for a term five years. Unless the house is dissolve. The Queen on the
advice of Prime Minister can dissolved this house before five years.
Qualification and Election of House of Common
a) Qualification of Candidates
Following are the Qualification for the member of house of Common
i) Must not be in Alien
ii) Must be above 25 years of age
iii)Must not be a bankrupt.
iv) Must not be of sound mind
v) He must not be a judge of Supreme Court
vi) He must not be disqualified by law
vii) He must not be a priest of established church of UK.
viii) He must not be a servant of the Crown
Election of House of Common
i) General Election
When a new house of common is to be elected by the people, it is called general elections.
ii) BY Election. By election are held when a vacancy occurs in the house of commons due to the death or
resignation of a member.
Presiding of House of Common
First of all, in this house a speaker is elected than that speaker preside this house.

Power and function of the House of common


According to UK constitution, the power and function of the house of common are as follow.
a) Legislative Power
The house of common enjoys vest power in the field of legislation. In the beginning king and Queen. In the
beginning king and Queen was only fountain of justice. Afterward according ot passage fo time hole
legislative power goes in the house of common because this house consist elective representatives. So they
made good legislation for their citizens in the state because there are answerable to people being the elected
representative. House of Commons can modified the existing law and can make the national policy. This
house can change, repeal all law this house can make new law. This house has all powers about legislation.
b) Financial Power
The House of Common have greater power for financial matters. This financial power started according to
the Act of 1911. In this bill, all power about finance deal according to this house.
c) Administer Power
This house also enjoy administrative power. There have the right of transfer to administrative person
because this real Government is from this house.
d) Dedicated Legislation
This is also a greater function of dedicated legislation. Parliament of UK is supreme institution all other
departments are inferior in this respect. So House of Common delegate these legislation to other autonomic
bodies.

Privileges of House of Common


Following are privileges of this house
a) Freedom of speech
It is the right of representative of this house that there is a freedom of the house in matter of debate. After
proper discussion, this house maintain public policy. It is a right are specially discuss clearly and express.
Therefore, there is right of speech in this house.
b) Right to Regulate
This house has right to regulate their own constitution. They can exclude or expel there number as the time
of necessary.
c) Exclusion
The house has also the right to exclude the stranger from this house.
d) Right to prohibit Publication
This house has also the right of prohibit publication of its own debates.
e) Freedom of Arrest
Freedom from arrest in civil case for a period of 40 days before and after the section of parliament but this
rule cannot apply own criminal case.

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