CONSTITIONAL LAW (UK) NOTES

BY ABDULLAH SHAIKH

INTRODUCTION TO UK CONSTITUTIONAL LAW

UK Constitutional Law is a dynamic and historically rooted field that governs the fundamental
rules and principles by which the United Kingdom is governed. Its most defining characteristic
is its largely uncodified nature, meaning it is not contained within a single, authoritative written
document like the constitutions of many other nations. Instead, it is a composite of various
sources that have evolved over centuries. These sources include primary legislation passed
by Parliament; statutes, judicial decisions that have established legal precedents, long-
standing practices and understandings that are considered binding by political actors but are
not legally enforceable, and significant historical documents that have shaped constitutional
development; such as Magna Carta 1215, the Bill of Rights 1689, and the Act of Settlement
1701. This evolutionary and flexible character allows the constitution to adapt relatively easily
to changing societal values, political landscapes, and international relationships, such as the
profound impact of membership in and withdrawal from the European Union.

The UK constitution defines and regulates the relationships between the different branches of
government; the legislature, the executive, and the judiciary, establishing their respective
powers, functions, and limitations. It also governs the relationship between the state and its
citizens, outlining fundamental rights, liberties, and responsibilities, although the protection of
these rights has traditionally relied more on ordinary law and political accountability than on
entrenched constitutional provisions. Key concepts like parliamentary sovereignty, the rule of
law, and the separation of powers are central to understanding how the UK system operates.
The study of UK Constitutional Law involves not only understanding the formal legal rules but
also appreciating the political context, historical development, and the role of non-legal
conventions that significantly influence how the constitution functions in practice. The ongoing
debates surrounding devolution of power to Scotland, Wales, and Northern Ireland, the impact
of the Human Rights Act 1998, and discussions about potential future constitutional reforms
highlight the living and evolving nature of this area of law. It is a system built on a continuous
process of adaptation and negotiation, reflecting the historical and political trajectory of the
United Kingdom.
SILENT FEATURES OF THE UK CONSTITUTION

The UK constitution is distinguished by a set of inherent characteristics that collectively shape

its identity and operation. These features are not explicitly laid out in a single document, are
nonetheless fundamental to understanding the nature of governance in the United Kingdom.

1. Unwritten (Uncodified)

The important feature is its unwritten or uncodified nature. This means the constitution is
not a single, comprehensive document enacted at a specific point in time, unlike multiple
countries. Instead, its rules and principles are scattered across various sources. Statutes
passed by Parliament, such as the Parliament Acts or the Human Rights Act, form a
significant part of the written elements. Common law, developed through centuries of
judicial decisions, contributes fundamental principles like natural justice and judicial review.
Constitutional conventions, which are unwritten rules of political practice considered
binding by political actors, govern crucial aspects of the executive's relationship with
Parliament and the Monarch. Historical documents, like Magna Carta, retain symbolic and
sometimes legal significance. Academic writings and constitutional theories also play a role
in interpreting and understanding the constitution. This dispersed nature means that
identifying the precise contours of constitutional rules can sometimes be challenging, and
it places a greater emphasis on understanding historical context and political practice.

2. Flexible

The uncodified nature contributes directly to the flexibility of the UK constitution. Unlike
constitutions that require special legislative procedures, supermajorities, or referendums
for amendment, the UK constitution can generally be altered by a simple Act of Parliament
passed by a simple majority in both the House of Commons and the House of Lords. This
ease of amendment allows the constitution to adapt relatively quickly to changing political
needs and public opinion. For instance, significant constitutional changes like devolution or
the introduction of the Human Rights Act were achieved through ordinary legislation.
However, this flexibility also means that fundamental rights or constitutional principles could
potentially be altered or even overridden by a government with a strong parliamentary
majority, raising concerns about the potential for arbitrary power and the protection of
minority rights.

3. Unitary System

The UK is legally a unitary state, meaning that ultimate legal sovereignty resides with the
central Parliament in Westminster. While significant powers have been devolved to elected
legislatures and executives in Scotland, Wales, and Northern Ireland since the late 1990s,
these devolved powers are granted by Acts of the UK Parliament. This means, in theory,
the UK Parliament retains the legal authority to repeal or amend the devolution legislation,
although the political reality and the Sewel convention act as significant constraints. Local
government across the UK also derives its powers from central legislation. This contrasts
sharply with federal systems where sovereignty is constitutionally divided between central
and regional governments, each with its own entrenched sphere of authority.

4. Bicameralism
 The UK Parliament is bicameral, consisting of two legislative chambers; the House of
Commons and the House of Lords. The House of Commons is the lower house and the
dominant chamber, comprising democratically elected Members of Parliament who
represent constituencies across the UK. The government is formed from the party or
coalition that commands a majority in the Commons, and it is primarily accountable to this
chamber. The House of Lords is the upper house and is largely unelected, composed
mainly of appointed Royal peers, Law peers, Scottish peers, life peers, hereditary peers,
bishops and Archbishop. While the Lords cannot ultimately block legislation passed by the
Commons, it plays a crucial role as a revising chamber. It scrutinizes Bills in detail,
proposes amendments, and can delay legislation, providing an opportunity for further
consideration and debate. This bicameral structure is intended to provide checks and
balances on the legislative process, although the balance of power clearly lies with the
elected House of Commons.
5. Constitutional Monarchy

The UK is a constitutional monarchy, where the hereditary Monarch is the head of state,
but their powers are exercised strictly within the limits of the constitution and on the advice
of elected ministers. The phrase "the Monarch reigns but does not rule" highlights this
reality. Most the Monarch's formal powers, known as the Royal Prerogative, are exercised
by government ministers acting in the Monarch's name. These include powers such as
declaring war, making treaties, and appointing the Prime Minister. The Monarch's role is
primarily ceremonial, symbolic, and non-political, representing the continuity of the state
and acting as a focal point for national identity. While the Monarch retains formal roles in
summoning and dissolving Parliament and giving Royal Assent to legislation, these actions
are governed by strong constitutional conventions that dictate they must act on ministerial
advice.

6. Parliamentary Sovereignty

The doctrine of parliamentary sovereignty is a cornerstone of the UK constitution. It asserts

that Parliament is the supreme law-making body in the UK. This means Parliament can
enact or repeal any law it chooses, and no other body, including the courts, can question
the validity of an Act of Parliament. Furthermore, no Parliament can pass a law that a future
Parliament cannot repeal. This principle signifies that statute law is the highest form of law
in the UK legal hierarchy. While the practical implications of parliamentary sovereignty have
been debated and potentially modified by factors such as the UK's former membership of
the European Union, the Human Rights Act 1998, and the impact of devolution, it remains
a central theoretical concept defining the relationship between Parliament and other state
institutions.

7. Rule of Law

The rule of law is a fundamental principle underpinning the UK constitution, signifying that
all individuals and institutions, including the government, are subject to and accountable
under the law. While its precise definition is debated, core elements include:

i. No punishment without law: Individuals should not be punished unless they have
breached a distinct rule of law established.
 ii. Equality before the law: Everyone, regardless of their status or position, is subject
to the same law administered by the ordinary courts. This implies that government
officials do not have special exemptions from the law.

iii. Protection of rights through ordinary law: Fundamental rights and liberties are
protected not by entrenched constitutional guarantees but by the ordinary law of the
land, developed through common law and statute. The Human Rights Act 1998 has
added a statutory layer to this by incorporating rights from the European Convention
on Human Rights into domestic law. The rule of law acts as a vital check on arbitrary
governmental power and is upheld by an independent judiciary.

8. Conventions

Constitutional conventions are unwritten, non-legal rules that govern the conduct of political
actors and the operation of constitutional machinery. They are not legally enforceable by
the courts but are considered binding due to political necessity and long-standing practice.
Conventions fill the gaps in the legal framework and ensure that the constitution operates
in a manner consistent with democratic norms and political realities. Examples include the
convention that the Monarch gives Royal Assent to Bills, that the Prime Minister is the
leader of the party with a majority in the Commons, and the principles of collective and
individual ministerial responsibility. While courts cannot enforce conventions, they may
recognize their existence and relevance in interpreting the law or determining the scope of
legal powers. Conventions are essential for the smooth functioning of the uncodified
constitution, providing the practical rules of the game.

9. Two-Party System

Although not a strict legal feature, the UK's political landscape has historically been
dominated by two major political parties; Conservative Party and the Labour Party. This
has significant implications for the operation of Parliament and government. The first-past-
the-post electoral system used for general elections tends to favour larger parties and often
results in one party gaining an overall majority in the House of Commons, leading to the
formation of a single-party government. This typically provides for stable government and
a clear opposition. While the rise of other parties and the occurrence of coalition or minority
governments demonstrate that this is not an absolute rule, the historical dominance of two
major parties has shaped parliamentary procedures, the nature of political debate, and the
relationship between government and opposition.
MAGNA CARTA 1215

Magna Carta, sealed by King John at Runnymede on 15 June 1215, stands as a pivotal
document in the historical development of constitutionalism, not just in England but globally. It
emerged from a severe political crisis between King John, who was widely perceived as
tyrannical and financially greedy, and a coalition of his barons, who were supported by the
Church. The barons, angered by John's arbitrary rule, excessive taxation to fund unpopular
foreign wars, and disregard for feudal law and custom, rebelled and forced the King to agree
to a set of demands codified in the Charter. While initially a practical solution to a feudal dispute
and not intended as a declaration of universal human rights, its enduring legacy lies in the
fundamental principles it articulated, which have resonated through centuries of constitutional
thought and struggle.

Historical Context

The early 13th century was a period of significant tension between the English monarchy and
the feudal aristocracy. King John's reign was marked by military failures in France, particularly
the loss of Normandy, which severely damaged his prestige and drained the royal treasury. To
fund his attempts to reclaim lost territories and maintain his authority, John resorted to
increasingly heavy, arbitrary, and often illegal demands for money and services from his
subjects, including excessive scutage, fines, and seizures of property. His conflicts with the
Pope, which led to England being placed under an interdict and John's excommunication,
further alienated the Church, a powerful force at the time. The barons, who were his direct
feudal tenants and military backbone, felt their traditional rights and customs were being
systematically violated by the King's capricious and absolute style of rule. Led by prominent
figures and supported by the Archbishop of Canterbury, Stephen Langton, who played a crucial
role in mediating and drafting the Charter, the barons united in rebellion. Their demands,
presented to the King, were based on a perceived need to restore the rule of law and limit the
monarch's power, ensuring that the King, like his subjects, was bound by established legal
principles and customs. The Charter was a negotiated agreement, albeit one extracted from
the King under duress by the threat of ongoing civil war and the potential loss of his throne.

Key Provisions and Enduring Principles

Of the 63 clauses in the original 1215 Charter, many were specific to the feudal context of the
time and addressed the grievances of the barons and the Church, such as regulations on
feudal dues, forest law, and the repayment of debts. These clauses have long since been
repealed or are obsolete. However, certain clauses contained principles of lasting
constitutional significance that have been interpreted and reinterpreted over the centuries:

• Clause 39: This is the most celebrated clause and a cornerstone of due process and
the rule of law: "No free man shall be seized or imprisoned, or stripped of his rights or
possessions, or outlawed or exiled, or deprived of his standing in any other way, nor
will we proceed with force against him, or send others to do so, except by the lawful
judgment of his equals or by the law of the land." This clause was revolutionary in
establishing the principle that the King was not above the law and could not arbitrarily
punish or imprison individuals. It asserted the right of "free men" to a fair legal process.
The phrase "lawful judgment of his equals" is widely seen as a precursor to the right to
trial by jury, where a person is judged by their peers. "Law of the land" refers to the
 established legal procedures and customs of the realm, signifying that legal action must
follow due process rather than the arbitrary will of the ruler. This clause laid a
fundamental basis for the protection of individual liberty against arbitrary executive
power.

• Clause 40: "To no one will we sell to no one deny or delay right or justice." This clause
affirmed the principle of access to justice and the commitment to the impartial and timely
administration of the law. It addressed grievances about the King selling justice or
delaying legal proceedings for his own benefit. This principle remains fundamental to
modern legal systems, asserting that justice should be accessible to all and
administered without improper influence or delay.

• Limitations on Royal Power: Other clauses placed important, albeit initially limited,
constraints on the King's financial powers. Clause 12, for instance, stated that no
scutage or aid should be imposed "in our kingdom unless by common counsel of our
kingdom," except for specific traditional feudal occasions. While this clause was omitted
from later reissues, it is seen as an early articulation of the principle that the Crown
should not levy taxes without the consent of the realm, a principle that later became
central to the development of Parliament's power over finance. The Charter also
guaranteed the liberties of the Church of England and confirmed the ancient liberties
and customs of the City of London and other towns, reflecting the diverse interests that
coalesced against the King.

Significance and Legacy

Although Magna Carta did not immediately bring lasting peace, it was reissued in modified
forms by subsequent monarchs and gradually became accepted as a fundamental part of
English law. Its symbolic importance grew exponentially over the centuries, far exceeding its
original feudal context. During periods of constitutional struggle between the Crown and
Parliament, Magna Carta was repeatedly invoked as a statement of the principle that the King's
power was limited by law and that individuals had fundamental rights. Figures like Sir Edward
Coke in the 17th century reinterpreted its clauses to support parliamentary resistance to royal
absolutism, seeing it as an ancient declaration of English liberties. It was cited during the
debates leading to the Petition of Right 1628 and the Bill of Rights 1689, both key milestones
in the assertion of parliamentary power and individual rights.

The influence of Magna Carta extended beyond England. Its principles, particularly those
related to due process and the limitation of executive power, were carried by English settlers
to their colonies and influenced the development of constitutionalism in countries like the
United States. The Fifth and Fourteenth Amendments to the US Constitution, with their
guarantees of due process of law, can trace a lineage back to Clause 39 of Magna Carta.

Today, only Clauses 1, 13, and 39 of the 1215 Charter remain legally in force. Clause 1
protects the liberties of the Church, Clause 13 confirms the liberties of the City of London and
other towns, and Clause 39 remains a foundational statement of the right to due process.
However, its enduring legacy is primarily symbolic and as a powerful historical precedent. It
established the crucial idea that the power of the executive is not absolute and is constrained
by law, laying a vital foundation for the rule of law and constitutional government. Magna Carta
remains a potent international symbol of the struggle for fundamental rights and the principle
that even the highest authorities are subject to legal limits.

PARLIAMENT

The UK Parliament, situated in the iconic Palace of Westminster, is the central legislative
authority of the United Kingdom. It is a complex institution that embodies the principle of
parliamentary sovereignty and serves as the primary forum for political debate, scrutiny of the
executive, and law-making. Parliament is composed of three distinct but interdependent
elements: the Monarch, the House of Lords, and the House of Commons.

The Monarch and its Prerogatives

The Monarch is the formal head of state and a constituent part of Parliament. While the
Monarch's role in the legislative process is now almost entirely ceremonial, their formal assent
is legally required for a Bill to become an Act of Parliament. By a long-standing constitutional
convention, the Monarch always grants Royal Assent to Bills that have passed both Houses
of Parliament, acting on the advice of the government. The Monarch also possesses a body
of residual powers known as the Royal Prerogative. These are powers historically belonging
to the Crown that have not been superseded or abolished by statute. Examples include the
power to appoint the Prime Minister and other ministers, to summon, prorogue, and dissolve
Parliament, to declare war and make peace, to make treaties, and to issue passports. Crucially,
these prerogative powers are now exercised by government ministers acting in the Monarch's
name and are subject to political accountability to Parliament and, in many cases, judicial
review by the courts to ensure they are exercised lawfully and within their scope. The Monarch
acts on the advice of the government, particularly the Prime Minister, in the exercise of these
powers.

House of Lords

The House of Lords is the second chamber of the UK Parliament and is currently the only
unelected upper house among major democracies. Its composition has undergone significant
reform, moving away from its historical basis in hereditary peerage. Following the House of
Lords Act 1999, most hereditary peers lost their automatic right to sit and vote, although a
small number remain. Most members are now life peers, appointed by the Monarch on the
recommendation of the Prime Minister, often following advice from the independent House of
Lords Appointments Commission, which nominates non-political peers. The House also
includes 26 bishops of the Church of England. The primary function of the House of Lords is
to act as a revising chamber. It scrutinizes Bills passed by the House of Commons, proposes
amendments, and debates important issues of public policy. While it cannot ultimately block
most legislation passed by the Commons indefinitely due to the limitations imposed by the
Parliament Acts 1911 and 1949, it can delay Bills, forcing the Commons to reconsider them
and providing an opportunity for public debate and potential compromise. The Lords also has
a significant role in holding the government to account through questions and debates and has
specialized committees that conduct in-depth inquiries into various policy areas. Until the
creation of the Supreme Court in 2009, the Appellate Committee of the House of Lords served
as the final court of appeal for the UK.

House of Commons
The House of Commons is the democratically elected and dominant chamber of the UK
Parliament. It consists of 650 Members of Parliament, each elected to represent a single
constituency using the first-past-the-post electoral system. General elections are typically held
every five years, although earlier elections can occur. The House of Commons is the center of
political power in the UK. Its main functions are:

• Legislation: Most government Bills are introduced and debated in the House of
Commons before being sent to the House of Lords. MPs scrutinize, debate, and vote
on proposed laws.

• Scrutiny of the Executive: The House of Commons holds the government to account
for its policies and actions. This is done through various mechanisms, including Prime
Minister's Questions, departmental questions, debates on specific issues, and the work
of select committees, which conduct in-depth inquiries into the work of government
departments and other public bodies. The ultimate form of accountability is the ability to
pass a motion of no confidence in the government, which, if successful, would normally
lead to the government's resignation and potentially a general election.

• Supply: The House of Commons has exclusive control over matters of taxation and
public expenditure. The government must obtain the approval of the Commons for its
financial proposals.

• Representation: MPs represent the interests and concerns of their constituents in

Parliament, raising local issues and seeking to influence national policy on their behalf.

The composition of the House of Commons determines which party or coalition forms the
government, as the leader of the party with a majority of seats is invited by the Monarch to
become Prime Minister. The House of Commons' democratic legitimacy and control over
finance make it the pre-eminent chamber of Parliament.
PARLIAMENTARY FORM OF GOVERNMENT

The United Kingdom operates under a parliamentary system of government, a model that has
been widely adopted by many countries around the world, particularly those with a history of
British influence. This system is characterized by a close relationship and a degree of overlap
or fusion between the executive and legislative branches, in contrast to the more rigid
separation of powers found in presidential systems.

Fusion of Powers

In the UK's parliamentary system, the executive branch, which is the Government; comprising
the Prime Minister, Cabinet, and other ministers, is drawn from and accountable to the
legislative branch, Parliament. The Prime Minister and almost all other ministers are Members
of Parliament, typically from the House of Commons. This means that the key decision-makers
in the government are also active participants in the legislative process, sitting and voting in
Parliament. This fusion facilitates cooperation between the executive and legislature, allowing
the government to introduce and pass legislation to implement its policy agenda, provided it
maintains the support of a majority in the House of Commons. However, it also means that the
executive is not entirely separate from the legislature, which can lead to debates about the
effectiveness of parliamentary scrutiny, particularly when the government has a large majority.

Accountability to Parliament

A fundamental principle of the parliamentary system is the accountability of the government to

Parliament. This accountability operates through several mechanisms, most notably the
conventions of ministerial responsibility:

• Collective Ministerial Responsibility: This convention dictates that all members of

the Cabinet are collectively responsible for the decisions and policies of the government.
Once a decision has been made by the Cabinet, all ministers are bound to support it
publicly, regardless of their private views. If a minister cannot publicly support a Cabinet
decision, they are expected to resign. Furthermore, the government is collectively
responsible to the House of Commons; if the House passes a motion of no confidence
in the government, the government is expected to resign or call a general election. This
convention promotes governmental unity and ensures that the government maintains
the support of the elected legislature.

• Individual Ministerial Responsibility: This convention holds that individual ministers

are responsible to Parliament for the conduct of their department and for their own
personal actions and decisions. A minister is expected to account to Parliament for the
policies and administration of the department they head. If there is a serious error,
failure, or misconduct within their department, or if the minister personally misleads
Parliament, they may be expected to resign. This convention is intended to ensure
individual accountability within the executive.

Formation and Maintenance of Government

The government is formed by the political party or coalition of parties that can command the
confidence of a majority of the Members of Parliament in the House of Commons. Following a
general election, the Monarch invites the leader of the party most likely to form a government
to become Prime Minister. The Prime Minister then selects other ministers to form the Cabinet
and the wider government. The government remains in power if it retains the confidence of the
House of Commons. If it loses a vote of confidence, it must resign, and either another individual
is invited to form a government, or a general election is called.

Relationship with the Head of State

In the UK's constitutional monarchy, the Monarch is separate from the head of government.
The Monarch's role is largely ceremonial and non-political, acting on the advice of the Prime
Minister and Cabinet. Real executive power is exercised by the government. This contrasts
with presidential systems where the head of state and head of government are the same
person.

Pros and Cons

The parliamentary system provides strong and stable government when a party has a clear
majority, as the executive can generally rely on the support of the legislature to pass its agenda.
The direct accountability of the executive to the elected legislature is also seen as a strength.
However, the potential for executive dominance over Parliament, particularly when the
government has a large majority, can weaken the legislature's ability to effectively scrutinize
and hold the government accountable. The fusion of powers is also seen by some as
undermining the principle of separation of powers, which is considered important for preventing
the concentration of power.
LAW MAKING PROCESS

The creation of an Act of Parliament in the United Kingdom is a multi-stage process that
involves both Houses of Parliament and culminates in Royal Assent. This process ensures
that Bills are scrutinised, debated, and potentially amended before becoming law.

1. Introduction of a Bill

A proposed law, known as a Bill, can be introduced in either the House of Commons or the
House of Lords, although most significant government Bills, particularly those involving
taxation or expenditure, start in the House of Commons. Bills can be introduced by the
government, by individual Members of Parliament or Peers, or by organizations or
individuals seeking specific powers or exemptions. Public Bills deal with matters of public
policy and apply to the general population, while Private Bills affect specific individuals or
bodies.

2. First Reading

The First Reading is the initial, largely formal, stage. The title of the Bill is read out in the
relevant House, and an order is made for the Bill to be printed. There is no debate or vote
at this stage. It simply signifies the formal introduction of the Bill to the House.

3. Second Reading

This is the first opportunity for substantive debate on the Bill. The minister or member
responsible for the Bill explains its purpose and main principles to the House. Members
then debate the Bill's general merits and principles. This is a crucial stage where the Bill's
objectives are discussed, and opposition parties and other members can raise concerns
and express their views on the proposed legislation. At the end of the debate, a vote is
taken. If the Bill passes its Second Reading, the House approves its general principles, and
it proceeds to the next stage. If it is defeated, the Bill cannot proceed further.

4. Committee Stage

Following the Second Reading, the Bill is sent to a committee for detailed examination,
clause by clause. The purpose of this stage is to scrutinize the Bill thoroughly and consider
amendments. In the House of Commons, most Public Bills are sent to a Public Bill
Committee, a temporary committee established specifically to consider that Bill. The
membership of the committee reflects the party balance in the House. Ministers responsible
for the Bill are members of the committee, along with other MPs. The committee debates
each clause and schedule of the Bill and can accept or reject proposed amendments. Some
important Bills, particularly those of constitutional significance or those requiring urgent
passage, may be considered by a Committee of the Whole House, allowing all MPs to
participate in the detailed scrutiny. In the House of Lords, the committee stage is usually
taken in a Committee of the Whole House or a Grand Committee.

5. Report Stage or Consideration Stage

After the committee stage, the Bill, as amended, is reported back to the original House for
the Report Stage. The whole House considers the Bill again. Members can propose further
amendments to the Bill, including those that were debated and voted on in committee. This
 stage provides an opportunity for the full House to review the changes made in committee
and to make further refinements to the Bill. Debates at this stage can be extensive,
particularly on controversial clauses or amendments.

6. Third Reading

The Third Reading is the final stage in each House where the Bill is debated in its final form.
In the House of Commons, debate at Third Reading is usually brief and focuses on whether
the Bill should be passed. No amendments can be made at this stage in the Commons. In
the House of Lords, further amendments can technically be made at Third Reading,
although this is less common than at Report Stage. A vote is taken at the end of the Third
Reading. If the Bill passes its Third Reading in the first House, it is then sent to the other
House.
7. Passage through the Second House

When the Bill reaches the second House, either the Lords from the Commons, or vice versa,
it goes through a similar process of First Reading, Second Reading, Committee Stage,
Report Stage, and Third Reading. The second House can make amendments to the Bill. If
the second House makes amendments, the Bill is sent back to the original House for
consideration of those amendments. This process of exchanging the Bill between the two
Houses, known as "ping pong," continues until both Houses agree on the final text of the
Bill. The powers of the House of Lords to amend or delay Bills passed by the House of
Commons are limited by the Parliament Acts 1911 and 1949, particularly in the case of
Money Bills and most other Public Bills.

8. Royal Assent

Once a Bill has been passed in the identical form by both the House of Commons and the
House of Lords, it is presented to the Monarch for Royal Assent. Royal Assent is the formal
act by which the Monarch approves the Bill, transforming it into an Act of Parliament and
thus part of the law of the land. By a long-standing constitutional convention, Royal Assent
is always granted. The last time Royal Assent was refused was in 1707. Royal Assent is
usually signified by Letters Patent, although it can also be given in person by the Monarch
in the House of Lords. Once Royal Assent is given, the Bill becomes an Act of Parliament,
although the Act may specify a later date for its commencement.
POWERS AND FUNCTIONS OF THE PRIME MINISTER

The Prime Minister is the head of Monarch Government and the most powerful political figure
in the United Kingdom. The office has evolved significantly over time and is primarily based on
constitutional convention and political reality rather than being strictly defined by statute. The
PM's extensive powers and functions are central to the operation of the executive branch and
its relationship with Parliament.

1. Head of Government

The Prime Minister is the leader of the government and is responsible for its overall
direction, strategy, and policy priorities. Following a general election, the Monarch invites
the person most likely to command the confidence of the House of Commons, mostly the
leader of the political party with a majority, to form a government. The PM then leads this
government.

2. Chair of the Cabinet

The Prime Minister chairs meetings of the Cabinet, the central decision-making body of the
government. The PM sets the agenda for Cabinet meetings, steers discussions, and
summarizes the conclusions. While the principle of collective ministerial responsibility
means that decisions are formally taken by the Cabinet as a whole, the PM's position as
chair gives them significant influence over the decision-making process. The PM can shape
the direction of policy and manage disagreements within the Cabinet.

3. Appointment and Dismissal of Ministers

One of the most significant powers of the Prime Minister is the ability to appoint and dismiss
ministers. The PM determines the size and composition of the Cabinet and the wider
ministerial team, selecting individuals to head government departments and take on
specific responsibilities. This power allows the PM to reward loyalty, promote talent, and
remove ministers who are underperforming or who pose a political challenge. The ability to
reshuffle the government is a powerful tool for the PM to assert authority and shape the
government's direction.

4. Leadership of the Governing Party

As the leader of the governing political party, the Prime Minister holds a position of
significant authority within that party. They are the public face of the party, lead it into
general elections, and are responsible for maintaining party discipline and unity in
Parliament. The support and loyalty of their party's MPs are crucial for the PM to maintain
their position and command a majority in the House of Commons, which is essential for the
government to function effectively and pass its legislative program.

5. Control over the Executive

The Prime Minister exercises considerable control over the machinery of government. They
oversee the work of government departments, ensuring that policies are implemented
effectively and that the government's priorities are pursued. The Cabinet Office, directly
supporting the PM, plays a key role in coordinating policy across government, managing
the Civil Service, and providing strategic advice to the Prime Minister and Cabinet. The PM
 can establish Cabinet committees and determine their membership and terms of reference,
further influencing policy coordination.

6. Representation Internationally

The Prime Minister is the principal representative of the United Kingdom on the
international stage. They attend major international summits, conduct bilateral meetings
with heads of government from other countries, and play a leading role in shaping and
articulating the UK's foreign policy. The PM is the voice of the UK government in
international affairs.

7. Advice to the Monarch

The Prime Minister is the Monarch's principal advisor. This includes advising the Monarch
on the exercise of many prerogative powers, such as the appointment of senior judges,
bishops, and other public office holders, and the granting of honours. While the Monarch
formally exercises these powers, they do so on the binding advice of the Prime Minister.

8. Influence over Parliament

While Parliament scrutinizes the government, the Prime Minister's position as leader of the
majority party gives them significant influence over the parliamentary agenda and the
legislative process. The government largely controls the parliamentary timetable and can
use its majority to ensure the passage of its Bills. The PM's authority within their party helps
to maintain discipline and ensure that MPs support the government's position in
parliamentary votes.

The powers of the Prime Minister are substantial, often described as an "elective dictatorship"
when a PM has a large parliamentary majority. However, these powers are not absolute. The
PM is constrained by the need to maintain the confidence of the House of Commons, the need
to secure the support of the Cabinet, the scrutiny of Parliament, the influence of public opinion
and the media, and ultimately, the need to win the support of the electorate in a general election.
The extent of a Prime Minister's power can also vary depending on their personal leadership
style, political skill, and the size of their parliamentary majority.
CABINET AND ITS FUNCTIONS

The Cabinet is the central executive body of Monarch’s Government in the United Kingdom. It
is a committee of senior ministers, chaired by the Prime Minister, and it plays a vital role in
formulating, coordinating, and directing government policy. While the Prime Minister is the
head of government, the Cabinet operates on the principle of collective decision-making and
responsibility.

1. Composition

The Cabinet typically consists of around 20 to 25 senior ministers, appointed by the Prime
Minister. These ministers usually hold the most important portfolios, heading major
government departments such as the Treasury, the Home Secretary, the Foreign,
Commonwealth and Development Office, and others responsible for key policy areas like
health, education, and defense. The Prime Minister has the discretion to choose who sits
in the Cabinet, selecting individuals from the governing party or coalition who are Members
of Parliament. The composition of the Cabinet is often a reflection of the political balance
within the governing party and the need to appoint individuals with relevant expertise or
political standing.
2. Role as the Supreme Decision-Making Body

The Cabinet is the formal body responsible for making the most important decisions of
government policy. While much policy is developed within individual government
departments and discussed in Cabinet committees, major policy proposals and strategic
decisions are brought before the full Cabinet for discussion and approval. The principle of
collective ministerial responsibility is crucial here: once the Cabinet has reached a decision,
all members are bound to support it publicly, regardless of any private reservations they
may have expressed during the meeting. This ensures that the government presents a
united front to Parliament and the public. Cabinet meetings provide a forum for ministers to
discuss cross-departmental issues, resolve disagreements, and ensure that government
policy is coherent and coordinated.

3. Functions of the Cabinet

The Cabinet performs several key functions essential to the operation of the executive:

• Policy Formulation and Approval: The Cabinet is the primary body for discussing,
debating, and approving major government policies and legislative proposals before
they are presented to Parliament. Ministers bring forward proposals from their
departments, and the Cabinet collectively decides whether to adopt them.

• Coordination of Government Activity: With numerous government departments,

each responsible for specific areas, coordination is essential to avoid conflicting policies
and ensure a joined-up approach to governance. The Cabinet, and its system of
specialized Cabinet committees, plays a crucial role in coordinating policy across
different ministries and resolving inter-departmental disputes.

• Management of the Legislative Programme: The Cabinet approves the government's

legislative programme for each parliamentary session, deciding which Bills will be
 introduced and prioritising their passage through Parliament. This ensures that the
government's policy agenda is translated into law.

• Response to National Crises: In times of national emergency or crisis, the Cabinet is

the central body for coordinating the government's response. It brings together the
heads of key departments to make swift and decisive decisions.

• Accountability to Parliament: While individual ministers are accountable for their

departments, the Cabinet is collectively accountable to the House of Commons. The
government must maintain the confidence of the majority in the Commons, and the
Cabinet is responsible for ensuring that the government can command that support.

4. Collective Ministerial Responsibility

As highlighted earlier, collective ministerial responsibility is a cornerstone convention of the

Cabinet system. Its two main pillars are:

➢ Confidence: The government must maintain the confidence of the House of Commons.
If the Commons passes a motion of no confidence in the government, the Cabinet is
expected to resign.

➢ Unanimity: All members of the Cabinet must publicly support collective decisions, even
if they disagreed internally. Any minister who cannot abide by this convention is
expected to resign. This principle is vital for presenting a united and authoritative
government to the public and to Parliament.

5. Relationship with the Prime Minister

The relationship between the Prime Minister and the Cabinet is a dynamic one. While the
Cabinet is formally the supreme decision-making body, the Prime Minister's position as
chair and their power to appoint and dismiss ministers give them significant influence. A
strong Prime Minister can dominate the Cabinet, shaping the agenda and guiding decisions.
However, the need to maintain Cabinet support (due to collective responsibility) means that
the PM cannot simply ignore the views of senior ministers, particularly if they have
significant political weight. The Cabinet can act as a check on the Prime Minister's power,
especially in times of political difficulty or when the PM faces internal dissent.

In summary, the Cabinet is the core executive body responsible for the strategic direction and
policy decisions of the UK government, operating under the leadership of the Prime Minister
and bound by the convention of collective ministerial responsibility.
PRIVY COUNCIL AND ITS COMPOSITION

The Privy Council is one of the oldest constitutional bodies in the United Kingdom, with origins
tracing back to the King's Council that advised the monarch in medieval times. While its political
power has waned considerably with the rise of the Cabinet, it retains several formal and
important functions within the UK's constitutional framework.

Historical Role

Historically, the Privy Council was the principal advisory body to the Monarch and exercised
significant executive, legislative, and judicial powers. As the Cabinet system developed from
a committee of the Privy Council, the political functions of the Privy Council were gradually
taken over by the Cabinet. However, the formal legal basis for many executive actions
continued to rest with the Monarch acting on the advice of the Privy Council.

Modern Functions

Today, the Privy Council's functions are primarily formal, ceremonial, and judicial, rather than
being at the center of political decision-making. Its key roles include:

• Advising the Monarch and Approving Orders in Council: The formal act of giving
legal effect to certain executive decisions is done by the Monarch in Council, meaning
the Monarch acting on the advice of the Privy Council. This is the mechanism for
approving Orders in Council, which are a form of secondary legislation used for various
purposes, such as making regulations under powers granted by Acts of Parliament,
transferring functions between ministers, or bringing Acts into force. While the decisions
are made by the cabinet, the formal approval is given through the Privy Council.

• Judicial Committee of the Privy Council (JCPC): This is arguably the most significant
active function of the Privy Council. The JCPC is the final court of appeal for several
independent Commonwealth countries that have retained the right of appeal to the Privy
Council, as well as for the UK's Overseas Territories and Crown Dependencies. Within
the UK, the JCPC hears appeals from certain domestic tribunals and from the
ecclesiastical courts. The JCPC is composed of senior judges, primarily the Justices of
the UK Supreme Court, who sit as members of the Privy Council.

• Granting Royal Charters: The Privy Council advises the Monarch on the granting of
Royal Charters, which are used to incorporate and define the powers of various bodies,
including universities, charities, and professional institutions.

• Oversight of Certain Bodies: The Privy Council has responsibilities for the oversight
of certain statutory bodies and professional regulatory bodies.

• Proclamations: Certain formal proclamations, such as the dissolution of Parliament,

are made by the Monarch on the advice of the Privy Council.

Composition

The membership of the Privy Council consists of several hundred individuals, known as Privy
Counsellors. Membership is for life, and new members are appointed by the Monarch on the
recommendation of the Prime Minister. The vast majority of Privy Counsellors are senior
politicians, including all current and former Cabinet ministers, leaders of the main opposition
parties, and the Speakers of the House of Commons and the House of Lords. Senior judges
from the UK and some Commonwealth countries, as well as some senior clergy (such as the
Archbishop of Canterbury), are also appointed as Privy Counsellors.

While the full body of the Privy Council is large, attendance at formal Privy Council meetings
where Orders in Council are approved is by summons, and typically only a few Privy
Counsellors, usually government ministers, attend. The quorum for a meeting is three. The
Monarch presides over the meeting, standing while the Privy Counsellors remain standing
throughout. The informality and speed of these meetings are characteristic.

In essence, the Privy Council serves as a formal link between the historical powers of the
Crown and the modern executive government. While its political influence has diminished, its
role in approving Orders in Council and its significant judicial function through the JCPC ensure
its continued importance within the UK's constitutional structure.
RULES OF BRITISH CONSTITUTIONAL LAW

Understanding the British constitution requires appreciating the distinction and interplay
between two fundamental types of rules: the Law of the Constitution and the Law of Convention.
These two categories of rules, while distinct in their nature and enforceability, both play vital
roles in governing the relationships between state institutions and in regulating political
behavior.

THE LAW OF THE CONSTITUTION

The Law of the Constitution comprises those rules that are legally binding and enforceable by
the courts. These are the formal rules that establish institutions, grant powers, and define legal
rights and obligations. The sources of these legal rules are the formal sources of law in the UK
legal system:

• Statute Law: Acts of Parliament are the supreme source of law in the UK, reflecting the
doctrine of parliamentary sovereignty. Many statutes have profound constitutional
significance, either by creating or modifying constitutional institutions, defining powers, or
establishing rights. Examples include:

o The Bill of Rights 1689: Limiting the powers of the Monarch and establishing
parliamentary privilege.

o The Act of Settlement 1701: Regulating the succession to the throne and judicial
independence.

o The Parliament Acts 1911 and 1949: Limiting the power of the House of Lords.

o The European Communities Act 1972: Giving effect to European Union law in the
UK, repealed by the European Union (Withdrawal) Act 2018).

o The Human Rights Act 1998: Incorporating rights from the European Convention on
Human Rights into domestic law.

o Scotland Act 1998, Government of Wales Act 2006, Northern Ireland Act 1998:
Created devolved legislatures and executives of respective jurisdictions.

• Common Law: Principles developed by judges through case law also form a significant
part of the Law of the Constitution. Judicial decisions interpret statutes, develop
constitutional principles, and review the legality of executive action. Key common law
constitutional principles include:

o Aspects of the Royal Prerogative: Such as the courts can determine the existence
and scope of prerogative powers and review their exercise for legality.

o Elements of the rule of law: Such as the principle of natural justice, such as the right
to a fair hearing.

o Judicial review: The power of the courts to review the lawfulness of actions by public
bodies.

• Royal Prerogative: These are the residual powers of the Crown that have not been
abolished or superseded by statute. While historically exercised by the Monarch personally,
 they are now exercised by government ministers on the Monarch's behalf. Examples
include the power to declare war, make treaties, and appoint ministers. The existence and
limits of prerogative powers are determined by the common law, and their exercise is
subject to judicial review for legality.

Legal rules provide the formal, legally enforceable framework of the constitution. They define
the powers and limitations of government institutions and provide a basis for challenging
unlawful actions in the courts.

THE LAW OF CONVENTION

Constitutional conventions are unwritten, non-legal rules of constitutional behaviour that are
considered binding by those who operate the constitution, even though they are not legally
enforceable by the courts. They are based on long-standing political practice and are observed
because they are seen as necessary for the constitution to function effectively, legitimately,
and in accordance with democratic principles.

• Nature and Purpose: Conventions govern the way in which legal powers are exercised
and regulate the relationships between the different parts of the constitution, particularly
between the executive, legislature, and the Monarch. They ensure that the formal legal
framework operates in a politically acceptable and democratic manner. For example, legally,
the Monarch has the power to refuse Royal Assent to a Bill, but the convention is that this
power is never exercised against the will of Parliament. Conventions fill the gaps where
legal rules are silent and provide flexibility in the operation of the constitution.

• Examples: Prominent constitutional conventions include:

o The convention that the Monarch appoints as Prime Minister the person who can
command the confidence of a majority in the House of Commons.

o The convention that ministers are individually responsible to Parliament for the
conduct of their departments.

o The convention of collective ministerial responsibility, whereby the Cabinet stands

together and is collectively accountable to Parliament.

o The convention that the House of Lords should not reject a Bill that was a manifesto
commitment of the governing party (the Salisbury convention).
o The Sewel convention (or legislative consent motion convention), which states that
the UK Parliament will not normally legislate on matters within the legislative
competence of the devolved legislatures without their consent.

• Enforcement: Conventions are not legally enforceable by the courts. If a convention is

breached, the consequences are political, not legal. A breach might lead to political crisis,
a vote of no confidence, public and media condemnation, or ultimately electoral defeat, but
a court cannot issue an order to compel compliance with a convention. However, courts
may recognise the existence and importance of conventions and take them into account
when interpreting statutes or determining the scope of legal powers, although they cannot
directly enforce the convention itself.

Relationship and Importance

The Law of the Constitution and constitutional conventions are deeply intertwined and mutually
dependent. Legal rules provide the essential structure and legal authority, while conventions
determine how that legal authority is exercised in practice and ensure that the constitution
operates in a way that is politically acceptable and democratic. Conventions make the rigid
legal framework workable and adaptable. For example, the legal power of the Monarch to
appoint the Prime Minister is exercised in accordance with the convention that the appointee
is the leader of the majority party in the Commons. Without this convention, the legal power
could theoretically be used in an arbitrary or undemocratic way. Understanding both the formal
legal rules and the practical operation guided by conventions is essential for a comprehensive
understanding of the UK constitution. Conventions are vital for the smooth functioning of the
uncodified constitution, providing the necessary political glue and ensuring that the legal
framework is operated in a manner consistent with the prevailing political norms and
expectations.
BRITISH JUDICIARY

The British judiciary is an independent branch of government responsible for interpreting and
applying the law, administering justice, and resolving legal disputes. Its independence from
the executive and legislature is a fundamental principle of the UK constitution, essential for
upholding the rule of law and protecting individual rights. The court system in the UK is complex
and hierarchical, with different courts handling different types of cases and appeals. The
structure varies somewhat between England and Wales, Scotland, and Northern Ireland,
reflecting their distinct legal systems, but the Supreme Court of the United Kingdom sits at the
apex for most matters.

Civil Courts

Civil courts deal with disputes between individuals, organizations, or between individuals and
organizations. These cases are typically concerned with matters such as contract law, tort law,
family law, property law, and administrative law.

• County Courts: These are the main civil courts in England and Wales, handling most
civil cases. They deal with a wide range of matters, including most contract and tort
claims, undefended divorces, disputes between landlords and tenants, and claims for
the recovery of debts. Cases are heard by Circuit Judges or District Judges. There are
numerous County Courts located throughout England and Wales to provide local
access to justice.

• High Court of Justice: The High Court is a superior court in England and Wales,
dealing with more complex and high-value civil cases. It is based in London but also
has judges sitting in major provincial centers. The High Court is divided into three
divisions:

o King's Bench Division: This is the largest division and deals with a wide range
of civil cases, including contract and tort claims, commercial law disputes, and
administrative law matters.

o Chancery Division: This division deals with specialist areas of law, including
company law, insolvency, trusts, probate disputes, and land law.

o Family Division: This division handles complex family law matters, including
divorce cases involving significant assets, disputes concerning children, and
international family law issues.

• Civil Court of Appeal: This court hears appeals in civil cases from the High Court and
the County Courts in England and Wales. It is the second highest court in the hierarchy
for civil matters. Appeals are usually heard by three judges.

Scotland has its own distinct civil court system, with the Sheriff Courts handling most civil cases
at a local level and the Court of Session in Edinburgh being the supreme civil court. Northern
Ireland also has its own civil court system, broadly like that in England and Wales, with County
Courts and the High Court.

Criminal Courts
Criminal courts deal with cases where an individual is accused of committing an offence
against the state, which can result in punishment such as fines, community orders, or
imprisonment.

• Magistrates' Courts: These courts form the bedrock of the criminal justice system in
England and Wales, handling over 90% of all criminal cases. They deal with summary
offences, less serious crimes like minor assaults, motoring offences, and criminal
damage. Cases are heard by a panel of three lay magistrates or by a single District
Judge. Magistrates' Courts also conduct preliminary hearings for more serious offences
before they are sent to the Crown Court.

• Crown Court: This court deals with indictable offences, more serious crimes such as
murder, robbery, rape, and grievous bodily harm. Cases in the Crown Court are heard
by a judge and a jury. The jury is responsible for deciding whether the defendant is
guilty or not guilty based on the evidence presented, while the judge presides over the
trial, rules on points of law, and passes sentence if the defendant is found guilty. The
Crown Court also hears appeals from defendants convicted in the Magistrates' Courts.

• Criminal Court of Appeal: This court hears appeals against conviction and/or
sentence from the Crown Court in England and Wales. It is the second highest court in
the hierarchy for criminal matters. Appeals are usually heard by three judges.

Scotland has its own criminal court system, with the Sheriff Courts handling most criminal
cases and the High Court of Justiciary being the supreme criminal court. Northern Ireland also
has its own criminal court system, with Magistrates' Courts and the Crown Court.

Tribunal Courts

Tribunals are specialized judicial bodies that operate alongside the traditional court system.
They are designed to provide a less formal, more accessible, and quicker means of resolving
disputes in specific areas of law, often involving individuals and public bodies. Tribunals hear
appeals against decisions made by government departments or other public authorities. They
are typically presided over by a legally qualified judge and may include members with expertise
in the relevant subject area. Examples of tribunals include:

• Employment Tribunals: Deal with disputes between employers and employees, such
as unfair dismissal, discrimination, and wages claims.

• Social Security Tribunals: Hear appeals against decisions regarding entitlement to

welfare benefits.

• Immigration and Asylum Tribunals: Deal with appeals against immigration and
asylum decisions.

• Mental Health Tribunals: Review the detention of patients under mental health
legislation.

• Tax Tribunals: Hear appeals against decisions made by HM Revenue and Customs.
The tribunal system was reformed by the Tribunals, Courts and Enforcement Act 2007,
creating a unified structure with a First-tier Tribunal and an Upper Tribunal, from which appeals
can go to the Court of Appeal and then the Supreme Court.

Supreme Court of the United Kingdom

The Supreme Court of the United Kingdom is the final court of appeal in the UK for all civil
cases, and for criminal cases from England, Wales, and Northern Ireland. It was established
by the Constitutional Reform Act 2005 and began operations in October 2009, taking over the
appellate functions previously exercised by the Appellate Committee of the House of Lords.

• Role and Jurisdiction: The Supreme Court hears appeals on points of law of public
importance. Its decisions are binding on all lower courts in the relevant jurisdictions. The
Supreme Court plays a crucial role in developing and clarifying the law across the UK.

• Constitutional Role: The Supreme Court has a significant constitutional role,

particularly in cases involving devolution (resolving disputes between the UK
government and the devolved administrations or legislatures) and in interpreting
legislation considering the Human Rights Act 1998. It ensures that government bodies
and lower courts act within the bounds of the law and upholds the rule of law.

• Composition: The Supreme Court consists of 12 Justices, headed by the President of

the Supreme Court. Justices are appointed from among the most senior judges and
lawyers in the UK. They are appointed by the Monarch on the recommendation of an
independent selection commission.

The independence of the judiciary is a cornerstone of the UK constitution. Judges are

appointed for life and can only be removed from office in exceptional circumstances, which
protects them from political pressure and ensures their impartiality in administering justice and
upholding the law.
LOCAL GOVERNMENT SYSTEM OF UK

The local government system in the United Kingdom is responsible for delivering a wide array
of public services at a sub-national level, playing a crucial role in the daily lives of citizens.
While the fundamental purpose of local government is to provide services and represent local
communities that is consistent, its structure and organization vary significantly between the
four constituent countries of the UK: England, Scotland, Wales, and Northern Ireland. The
user's outline includes some historical terminology; this section will primarily focus on the
modern structure in England, where the terms mentioned are most relevant, while
acknowledging the broader UK context.

Structure and Functions

Local government bodies are creatures of statute, meaning their powers and responsibilities
are granted to them by Acts of the UK Parliament or, in the case of devolved matters, by the
devolved legislatures in Scotland, Wales, and Northern Ireland. They are accountable to their
local electorates through regular local elections. The range of services provided by local
authorities is extensive and typically includes:

• Running schools, providing support for children with special educational needs.

• Providing care for children, the elderly, and vulnerable adults.

• Managing council housing stock, homelessness services, housing benefit.

• Determining planning applications, developing local development plans.

• Waste collection and disposal, street cleaning, environmental health.

• Maintaining local roads, public transport planning.

• Libraries, parks, leisure facilities, and cultural services.

• Council Tax collection and administration of local finances.

The structure of local government in England is the most complex, featuring a mix of two-tier
and single-tier authorities.

Types of Local Authorities in England

• County Councils: In areas with a two-tier system of local government, primarily in shire
counties outside metropolitan areas, County Councils are responsible for providing
most of the larger, strategic services across the county area. These typically include
education, social services, highways, libraries, and waste disposal. County Councils
cover relatively large geographical areas and serve significant populations.

• Administrative Units (Urban, Rural districts): These terms largely reflect historical
classifications of local government areas before major reforms. In the modern two-tier
system, the layer of local government below the County Council is the District Council.
Districts can be either urban or rural in character, but the term "Administrative Unit" is
not a current formal designation. District Councils are responsible for more local
services within their smaller geographical area, such as housing, planning applications,
environmental health, waste collection, and leisure services.
 • Parish Councils: These are the most local level of government in parts of England,
particularly in rural areas. They cover small geographical areas and have limited powers,
typically responsible for local amenities like village halls, parks, footpaths, and war
memorials. Parish councils are not universal across England; many urban areas do not
have them. They are funded by a small precept on the council tax.

• Borough: The term 'Borough' is used in several different contexts within English local
government, often signifying a certain status rather than a specific functional type of
council:

o Metropolitan Boroughs: These are unitary authorities within the six

metropolitan counties; Greater Manchester, Merseyside, South Yorkshire, Tyne
and Wear, West Midlands, and West Yorkshire. They combine the functions of
both county and district councils within their area.

o London Boroughs: These are the 32 local government districts that make up
Greater London, excluding the City of London. They also operate as unitary
authorities.

o Non-Metropolitan Districts with Borough Status: Many district councils in

non-metropolitan counties have been granted 'borough' status, often reflecting
historical importance or population size. This status is largely ceremonial and
does not typically confer additional powers beyond those of a standard district
council.

o Historical Parliamentary Borough: Historically, this referred to a town that was

entitled to elect its own Member of Parliament. This is a historical electoral term
and not a current local government structure.

o Historical County Borough: Before the major local government reforms of 1974,
County Boroughs were unitary authorities that were independent of the
surrounding county council. While the term is historical, the modern concept of a
unitary authority is functionally similar.

Unitary Authorities

A significant trend in English local government has been the creation of unitary authorities.
These are single councils responsible for all local government functions within their area,
combining the roles that would be split between a county council and a district council in a two-
tier system. Unitary authorities exist in metropolitan areas, London, and a growing number of
non-metropolitan areas. They are intended to simplify the structure of local government and
improve service delivery.

The structure of local government in Scotland, Wales, and Northern Ireland is simpler,
consisting primarily of single-tier unitary authorities responsible for all local government
functions within their area.

Overall, the local government system in the UK is designed to provide essential public services
and allow for local democratic accountability, although debates about funding, efficiency, and
the appropriate balance of power between central and local government are ongoing.
ALDERMEN

The term 'Alderman' refers to a historical position within local government in the United
Kingdom. While it was once a significant and influential role, the position of Alderman has
largely been abolished in modern local government structures across the UK, with a few
notable exceptions where the title is retained for ceremonial purposes.

Historical Role

Historically, Aldermen were senior members of local councils, particularly in boroughs and
cities. Their selection methods varied, but they were often elected by the councilors
themselves rather than directly by the public. Aldermen typically served for longer terms than
elected councilors, sometimes for life, and were seen as providing continuity, experience, and
stability to the council. In many instances, the position carried considerable prestige and
influence within the local community and the council's decision-making processes. Aldermen
often held key positions within the council, such as chairing important committees. The system
reflected a different approach to local governance, where experience and seniority played a
more formal role.
Abolition in Modern Local Government

The substantive role and position of Alderman were largely abolished in England and Wales
by the comprehensive local government reforms introduced by the Local Government Act 1972.
This Act restructured local government across much of England and Wales, establishing the
modern system of county and district councils. A key aim of the reforms was to create a more
uniform and democratic system where all members of the council were directly elected by the
local electorate as councilors. The rationale behind abolishing the position of Alderman was
that having a group of seniors, unelected or indirectly elected members with significant
influence was inconsistent with the principles of modern representative democracy and
accountability to the public.

Similar reforms were undertaken in Scotland and Northern Ireland, leading to the abolition of
the Aldermanic position in those parts of the UK as well.

Remaining Ceremonial Roles

Although the functional role of Alderman has been removed from most local authorities, the
title is retained in a few specific and limited contexts, primarily for historical and ceremonial
purposes:

• City of London Corporation: The City of London, the historic "Square Mile," has a
unique and ancient system of local government that pre-dates the national reforms. The
City of London Corporation still has Aldermen who are elected by the voters in the City's
wards. These Aldermen serve for life, unless they resign, and play a significant role in
the governance of the city, including participating in the election of the Lord Mayor. This
is a distinct and exceptional case within the broader UK local government landscape.

• Honorary Aldermen: Many local authorities have the power to confer the honorary title
of 'Alderman' on former councilors who have given long and distinguished service to the
council and the local community. This is a purely honorary title and does not carry any
voting rights, decision-making powers, or responsibilities within the council's formal
 structure. It is a way for the council to recognize and honor the contributions of former
members.

Therefore, outside of the unique context of the City of London Corporation, the term 'Alderman'
in modern UK local government refers to an honorary title bestowed on former councillors
rather than an active, functional position within the council's governance structure. The elected
councillor is the standard representative at the local level today.
COUNCILLORS

Councilors are the fundamental building blocks of local government in the United Kingdom.
They are individuals who are elected by the local electorate to serve on local government
councils, where they represent the interests of their constituents and participate in the
governance and decision-making processes that affect their local areas.

Election and Representation

Councilors are elected by registered voters who live within the specific geographical area that
the council covers. Local government elections are typically held every four years, although
the exact frequency and the system of elections can vary depending on the type of council and
the part of the UK. Councilors are elected to represent specific electoral wards or divisions
within the council's area. They are accountable to the electorate in their ward and are expected
to act as a voice for their community within the council, raising local issues and concerns.
Councilors may stand for election as candidates for a political party or as independent
candidates who do not belong to a national political party.

Role and Responsibilities

The role of a councilor is multifaceted and involves a range of responsibilities aimed at serving
the local community and contributing to the effective governance of the local authority:

• Decision-Making: Councilors attend meetings of the full council and various

committees where key decisions about local services, budgets, and policies are made.
They participate in debates, ask questions, and vote on proposals. Under modern
executive arrangements, the executive makes most day-to-day decisions, but
councilors in the wider council still approve budgets and major policy frameworks and
scrutinize the executive's actions.

• Policy Development: Councilors are involved in the development and review of local
policies and strategies across the wide range of services provided by the council. They
contribute their knowledge of local needs and priorities to shape the direction of council
services.

• Scrutiny: Councilors play a vital role in scrutinizing the decisions and performance of
the council's executive and its officers. They do this through participation in scrutiny
committees, which examine council activities, review policy outcomes, and make
recommendations for improvement. This function is crucial for holding the executive to
account and ensuring transparency and effectiveness in local governance.

• Community Leadership and Representation: Councilors act as community leaders

and advocates for their constituents. They hold surgeries where residents can raise
issues, attend local community group meetings, and respond to correspondence from
constituents. They represent the views and concerns of their ward on the council and
seek to address local problems.

• Service Oversight: Councilors oversee the delivery of local services, ensuring that they
are provided efficiently, effectively, and meet the needs of the local population. They
receive reports on service performance and can raise concerns about service quality or
accessibility.
 • Financial Stewardship: Councilors are responsible for setting the council's annual
budget and determining the level of council tax. They must ensure that the council's
finances are managed responsibly and that public money is used effectively to provide
essential services.

Operation within the Council

The way councilors operate within a council depends on the council's governance structure.
In councils with a Leader and Cabinet model, most executive decisions are made by a Cabinet
of leading councilors, while other councilors participate in scrutiny committees and vote on
major issues in full council meetings. In councils with a directly elected Mayor, the Mayor holds
executive power, and councilors scrutinize their decisions. In councils with a committee system,
decisions are made by committees composed of councilors.

Councilors are supported in their work by council officers, who are the paid employees of the
local authority responsible for the day-to-day management and delivery of services. While
officers provide professional expertise and implement decisions, councilors are responsible for
the strategic direction, policy decisions, and overall governance of the council. The role of a
councilor is demanding and requires a significant time commitment, dedication to public
service, and the ability to engage with a diverse range of people and issues within the local
community.
 AS PER CLASS LECTURES

HOUSE OF COMMONS

• More powerful than House of Lords.

• Temporary as only have 5 years tenure.
• Member are known as “Members of Parliament (MP)”.
• It is usually called as Parliament in UK.
• Bills passed by Parliament can’t be null and void.
• Considered most strong Parliament in world.
• House of Lords members.
• 1911 Reforms curtailed the powers of House of Lords.
• 1949 Act transferred those powers to House of Commons.
• Total seats at House of Commons are 650, distributed among states as; 533 given to
England, 26 to Northern Ireland, 59 to Scotland, 32 to Wales.
• Total 650 Members, directly elected. (1 person per constituency, must be 18+ in Age)
• Single Member represents 50k-57k voters, means a single constituency contains atleast
50k-57k of citizens.
• After the general election, members of House of Commons elected a member as speaker,
among them. After selection the speaker must resign from their political party. As a custom,
once a speaker is elected, they will continuously be re-elected in future elections no other
member will contest. After the PM, speaker holds the most power.
• 1922 Ireland Get separated from UK.
• Atleast oner session in a year is compulsory to be held.
• On advice of PM, Monarch must call one or two sessions a year.
• Atleast 40 members are needed for a session to be held. (QUORUM)
• If someone raises objection on quorum than the session can be stopped.

HOUSE OF LORDS
• Members either called Lords or Chancellors or Peers.
• Consist of 835 members.
• Powers curtailed by 1911 Reforms and transferred to House of Common by 1949 Act.
• No election, the Peers are permanent.
• 3 Peers are enough for session.
• Consist of two types of Peers; Temporal Lords and Spiritual Lords.
• Temporal Lords can be further divided as; Hereditary Peers (92), Life Peers (661), Scottish
Peers (16), Law Peers (12), Royal Peers (26).
• Spiritual Lords are Bishops (24) and Archbishops (2), Most senior in Canterbury & Second
Senior at York.
• Hereditary Peers are 92 in number. Once appointed, it runs in family until no one remains.
• Life Peers are 661 in number. Are those who gave their best services in any field in UK.
• Scottish Peers are 16 in number. Before 1949 Act they were 154.
• Law Lords 12 in number. Also known as Lords of Appeal in ordinary. However, transferred
to supreme court of UK after 2009.
• Royal Peers are 26 in number and selected from Royal Families.
FURTHER INFORMATION
• Constitutional law is a judge-made constitution. The Constitution is an abstract form of
fundamental law and constitutional law is its practical manifestation. That is because
Constitutional Law is the constitution as interpreted or construed by the superior courts of
the country. When your superior court is at lip service or at the whims of political pretexts
then you may call the Constitutional Law as what the Political Will wishes it to be. We might
witness such Constitutional Law ahead.
• Local Government system of UK
1) county
2) Administrative Units (Urban, Rural districts)
3) Parish
4) Borough (Parliamentary borough, county borough)
• County
1) Prominent unit of local government/ Administration
2) Under Act of Parliament, 1933, it was divided into subunits i-e (Administrative unit and
historic unit)
3) It has 62 Administrative counties
• Every county has an elected council, comprising a chairman, a few Aldermen, and
Councilors.
1) Aldermen
Elected to constitute 1/3 of the whole council
Elected for a term of 6 years, with half of the members retiring every 3 years
Meet at least 4 times a year, with meetings called by the chairman
• 2) Councilors
Elected for a term of 3 years
Functions
1) To supervise the work of rural districts Counsil
2) Construction and maintenance of roads, bridges, School buildings
3)Responsible for promotion of health, education and development of agriculture
• Administrative County
1) Urban District: More powers, exceed in limit, if population exceed than they Fall in
borough, having 475 members
2) Rural District: Having fixed members in rural 572, work in supervision of urban
chairman, having limited population if exceed than they Fall in urban
• Parish
Population of 300, total 7300 parish units in UK, ceremonial powers
• Borough
Has a municipal charter
Total number of members: 309
Population: 50,000
Council composition: Councilors, Aldermen, and Mayor
Tenure: 6 years with half of members tenure expire after 3 years
Meeting: Any how in a week, otherwise fortnights
Mayor: (Head)
 Honorary position
Term: 1 year
Lord Mayor
Functions of Borough: To make rules and regulations for protection of life , property and
public health
• County Borough: If population exceed than 75 thousands than that area is named as
county borough
GENERAL INFORMATION ABOUT UK
• Have 4 names; United Kingdom (UK), England, Britian and Great Britian.
• England, Wales, Scotland and Northern Ireland are combinedly Known as Britian.
• Excluding Northern Ireland, then will be known as Great Britian.
• Capital of UK: London.
• Capital of Wales: Cardiff.
• Capital of Scotland: Edinburgh.
• Capital of Northern Ireland: Belfast.