difference between Britain constitution and unbritain constitution
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Perhaps the most fundamental difference between the American and British political systems is the constitution - or the lack of one. ... The UK does not have a single document called the constitution but instead its constitutional provisions are scattered over various Acts of Parliament
India has a written constitution which is considered as the supreme law of the land. However, the British constitution is an " unwritten" or uncodified constitution.
India has a written constitution which is considered as the supreme law of the land. However, the British constitution is an " unwritten" or uncodified constitution.
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The United Kingdom does not have one specific constitutional document named as such. Instead, the so-called constitution of the United Kingdom, or British constitution, is a sum of laws and principles that make up the country's body politic. This is sometimes referred to as an "unwritten" or uncodified constitution.[1][2] The British constitution primarily draws from four sources: statute law (laws passed by the legislature), common law (laws established through court judgments), parliamentary conventions, and works of authority.[1] Similar to an entirely written constitution, this sum also concerns both the relationship between the individual and the state and the functioning of the legislature, the executive, and the judiciary.
Since the Glorious Revolution of 1688, the concept of parliamentary sovereignty has been the bedrock of the British legislative constitution, that is, the statutes passed by Parliament are the supreme and final source of law in the UK.[3] It follows that Parliament can change the constitution simply by passing new statutes through Acts of Parliament.[4] There has been some debate about whether parliamentary sovereignty remained intact[5] in the light of the UK's membership in the European Union (EU), an argument that was used by proponents of leaving the EU in the 2016 referendum vote ("Brexit").[6] Another core constitutional principle, the rule of law, is a phrase that was popularized by legal scholar A. V. Dicey in his 1885 work, Introduction to the Study of the Law of the Constitution, which is recognized as a work of authority on the constitution by the British Parliament.[1]
Constitutions organise, distribute and regulate state power. They set out the structure of the state, the major state institutions, and the principles governing their relations with each other and with the state’s citizens. Britain is unusual in that it has an ‘unwritten’ constitution: unlike the great majority of countries there is no single legal document which sets out in one place the fundamental laws outlining how the state works. Britain’s lack of a ‘written’ constitution can be explained by its history. In other countries, many of whom have experienced revolution or regime change, it has been necessary to start from scratch or begin from first principles, constructing new state institutions and defining in detail their relations with each other and their citizens. By contrast, the British Constitution has evolved over a long period of time, reflecting the relative stability of the British polity. It has never been thought necessary to consolidate the basic building blocks of this order in Britain. What Britain has instead is an accumulation of various statutes, conventions, judicial decisions and treaties which collectively can be referred to as the British Constitution. It is thus more accurate to refer to Britain’s constitution as an ‘uncodified’ constitution, rather than an ‘unwritten’ one.
It has been suggested that the British Constitution can be summed up in eight words: What the Queen in Parliament enacts is law. This means that Parliament, using the power of the Crown, enacts law which no other body can challenge. Parliamentary sovereignty is commonly regarded as the defining principle of the British Constitution. This is the ultimate lawmaking power vested in a democratically elected Parliament to create or abolish any law. Other core principles of the British Constitution are often thought to include the rule of law, the separation of government into executive, legislative, and judicial branches, and the existence of a unitary state, meaning ultimate power is held by ‘the centre’ – the sovereign Westminster Parliament. However, some of these principles are mythical (the British constitution may be better understood as involving the fusion of executive and legislature) or in doubt (Parliamentary sovereignty may now be called in question given the combined impact of Europe, devolution, the Courts, and human rights).
The British Constitution is derived from a number of sources. Statutes are laws passed by Parliament and are generally the highest form of law. Conventions are unwritten practices which have developed over time and regulate the business of governing. Common law is law developed by the courts and judges through cases. The UK’s accession to the European Communities Act 1972 has meant that European law is increasingly impacting on the British Constitution. The UK is also subject to international law. Finally, because the British Constitution cannot be found in any single document, politicians and lawyers have relied on constitutional authorities to locate and understand the constitution.
Since the Glorious Revolution of 1688, the concept of parliamentary sovereignty has been the bedrock of the British legislative constitution, that is, the statutes passed by Parliament are the supreme and final source of law in the UK.[3] It follows that Parliament can change the constitution simply by passing new statutes through Acts of Parliament.[4] There has been some debate about whether parliamentary sovereignty remained intact[5] in the light of the UK's membership in the European Union (EU), an argument that was used by proponents of leaving the EU in the 2016 referendum vote ("Brexit").[6] Another core constitutional principle, the rule of law, is a phrase that was popularized by legal scholar A. V. Dicey in his 1885 work, Introduction to the Study of the Law of the Constitution, which is recognized as a work of authority on the constitution by the British Parliament.[1]
Constitutions organise, distribute and regulate state power. They set out the structure of the state, the major state institutions, and the principles governing their relations with each other and with the state’s citizens. Britain is unusual in that it has an ‘unwritten’ constitution: unlike the great majority of countries there is no single legal document which sets out in one place the fundamental laws outlining how the state works. Britain’s lack of a ‘written’ constitution can be explained by its history. In other countries, many of whom have experienced revolution or regime change, it has been necessary to start from scratch or begin from first principles, constructing new state institutions and defining in detail their relations with each other and their citizens. By contrast, the British Constitution has evolved over a long period of time, reflecting the relative stability of the British polity. It has never been thought necessary to consolidate the basic building blocks of this order in Britain. What Britain has instead is an accumulation of various statutes, conventions, judicial decisions and treaties which collectively can be referred to as the British Constitution. It is thus more accurate to refer to Britain’s constitution as an ‘uncodified’ constitution, rather than an ‘unwritten’ one.
It has been suggested that the British Constitution can be summed up in eight words: What the Queen in Parliament enacts is law. This means that Parliament, using the power of the Crown, enacts law which no other body can challenge. Parliamentary sovereignty is commonly regarded as the defining principle of the British Constitution. This is the ultimate lawmaking power vested in a democratically elected Parliament to create or abolish any law. Other core principles of the British Constitution are often thought to include the rule of law, the separation of government into executive, legislative, and judicial branches, and the existence of a unitary state, meaning ultimate power is held by ‘the centre’ – the sovereign Westminster Parliament. However, some of these principles are mythical (the British constitution may be better understood as involving the fusion of executive and legislature) or in doubt (Parliamentary sovereignty may now be called in question given the combined impact of Europe, devolution, the Courts, and human rights).
The British Constitution is derived from a number of sources. Statutes are laws passed by Parliament and are generally the highest form of law. Conventions are unwritten practices which have developed over time and regulate the business of governing. Common law is law developed by the courts and judges through cases. The UK’s accession to the European Communities Act 1972 has meant that European law is increasingly impacting on the British Constitution. The UK is also subject to international law. Finally, because the British Constitution cannot be found in any single document, politicians and lawyers have relied on constitutional authorities to locate and understand the constitution.
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