EXECUTIVES OF UNITED KINGDOM

• The British governmental system is a parliamentary monarchy ruled by a monarch with powers governed by constitutional law.
• The monarch is a powerless symbolic figurehead, while the country is governed by its legislature.
• The monarch is the head of state; the prime minister is the head of government.
• England has an unwritten constitution consisting of historic documents, statutes, judicial precedents (common law), and customs.
• Queen Elizabeth II is the constitutional monarch and head of state.
• The British constitution is made up of a combination of laws and practices not legally enforceable but essential to the government’s functioning.
• The constitution is flexible and may be changed by an Act of Parliament.
• The British Constitution is the oldest and is considered ‘the mother of all parliaments.’
• It is partly grounded in law and largely based on conventions.
• Salient features of the British Constitution:
  • An unwritten constitution—partly written and mostly unwritten.
  • An evolved constitution.
  • The gap between theory and practice of its curious divergence between constitutional form and government actualities.
  • A flexible constitution with no distinction between ordinary law and constitutional law.
  • Parliamentary sovereignty.
  • Parliamentary form of government.
  • A unitary form of government with no distribution of governmental powers.
  • Bi-party system.
  • The Rule of Law.

• Executive power in the UK is exercised by the Sovereign, Queen Elizabeth II, via Her Majesty’s Government and devolved national authorities.
• The devolved national authorities are the Scottish Government, the Welsh Assembly Government, and the Northern Ireland Executive.
• The UK has a parliamentary form of government, characterized by the responsibility of the executive to the legislature.
• The Monarch is the nominal head of the State and acts on the advice of ministers, who are responsible to the parliament.
• The Prime Minister is the head of the Cabinet and the most powerful figure in the parliamentary system.
• The cabinet remains in power as long as it enjoys the confidence of the House of Commons.
• If the Cabinet loses the support of the majority, it resigns or advises the King to dissolve the House of Commons for a fresh election.
• The cabinet is described as a ‘hyphen that joins the buckle that binds the executive and legislative departments together.’
• Collective responsibility and political homogeneity are essential features of the Cabinet system.
• There is an absence of strict separation of powers, with harmonious cooperation between the executive and the legislature.
• The British Constitution is flexible, with no distinction between ordinary law and constitutional law.
• The UK has a unitary form of government, with power concentrated in a single center.
• Local governments in England are agents of the national government and do not enjoy independent power.
• The British party system is characterized by a bi-party system with two well-organized and balanced parties: the Conservative Party and the Labour Party.
• The bi-party system provides stability in government and ensures a strong opposition.
• A responsible government with a responsible opposition is fundamental to the British constitutional system.

• The cabinet is the core of the British constitutional system and the most important mechanism in the British government.
• The cabinet is the supreme directing authority and the real ruler of Great Britain.
• The cabinet is a product of convention and has evolved over the past three centuries.
• The British cabinet is not recognized by law but is a product of conventions with a long historical growth.
• The system of cabinet government emerged when the King was excluded from cabinet meetings in 1714.
• George I ceased to attend cabinet meetings and nominated Sir Robert Walpole to preside in his place.
• Walpole became the Chairman of the Cabinet, directing deliberations and reporting decisions to the sovereign.
• Walpole’s role resulted in the origin of the office of the prime minister and the principle of collective responsibility of the cabinet.
• Walpole headed the government for twenty years, establishing the essential characteristics of the present-day cabinet system.
• Under Walpole, the House of Commons became the dominant power in the State.
• Walpole set the example of resigning from office due to the loss of confidence in the House of Commons.
• Walpole used No. 10, Downing Street as his official residence, which remains the official residence of British Prime Ministers.
• George III attempted to revive the glory of the monarchy but was resisted and ultimately unsuccessful.
• The Cabinet system became well-established in the 19th century with features like collective responsibility, political homogeneity, and accountability to the House of Commons.
• The 20th century marked the climax of the Cabinet system, with the convention of appointing the Prime Minister from the House of Commons since 1923.
• The Ministers of Crown Act of 1931 legally recognized the institution of the Cabinet.
• Today, the cabinet is an omnipotent body with expanding powers.

• A distinction is made between the cabinet and the ministry.
• The cabinet is an inner circle of the ministry.
• The ministry consists of all categories of ministers with seats in parliament and responsible to parliament.
• The cabinet consists of the most important ministers.
• Not all members of the ministry are members of the cabinet.
• There are ministers of different ranks in the ministry.
• Cabinet ministers are the most important ministers, head the executive, and decide government policies.
• Ministers of cabinet rank are not cabinet members but hold administrative department heads and may attend cabinet meetings.
• Ministers of state act like deputy ministers, especially in departments with heavy workloads.
• Parliamentary secretaries or junior ministers help senior ministers in parliamentary debates and departmental work.
• Parliamentary under secretaries are different from permanent under secretaries, who are senior civil service members.
• All categories of ministers are members of parliament and usually belong to the majority party in the House of Commons.
• Ministers are individually and collectively responsible to the House of Commons.
• The ministry may consist of sixty to seventy members and does not meet as a body for business transactions.
• Policy formulation is the responsibility of the cabinet, not the ministry.
• The cabinet meets as a body, while the ministry never does.
• The cabinet is a smaller body within the larger ministry.
• Cabinet officers deliberate and advise, privy councillors decree, and ministers execute.
• Sometimes cabinet officers, privy councillors, and ministers are the same person.

• Laski observes the prime minister as central to the cabinet’s formation, life, and death.
• The first step in forming the Cabinet is selecting the prime minister.
• It is a convention that the prime minister must be the leader of the majority party in parliament.
• The electorate essentially chooses the prime minister in a bi-party system.
• Legally, the Monarch selects the leader of the majority party in the House of Commons as prime minister.
• The prime minister appoints other ministers on the Monarch’s advice.
• The prime minister has discretion in forming the ministry and can consult leading party colleagues.
• The prime minister should include senior party members and ensure representation of various interests.
• The cabinet may include members from both Houses of Parliament.
• The prime minister is not legally obligated to include any specific person in the cabinet.
• Cabinet portfolio allocation and managing internal conflicts are tasks for the prime minister.
• The size of the Cabinet varies and is usually between fifteen to twenty members.
• Important department ministers (e.g., Chancellor of the Exchequer, Secretary of State for Foreign Affairs) are typically included in the Cabinet.
• The idea of war-cabinets during World Wars demonstrated a smaller, more effective decision-making body.
• The Haldane Committee proposed an inner-cabinet of four or five members as a central nucleus.
• The inner-cabinet is an informal advisory body, not a policy-making organ.
• Suggestions to reduce the Cabinet size to six members for efficiency have not been widely accepted.
• Herbert Morrison favored a moderate-sized Cabinet of sixteen to eighteen members, including both departmental and non-departmental ministers.
• Departmental ministers are crucial for a functioning Cabinet.

• The British cabinet system is based on conventions rather than laws.
• The Monarch is excluded from the Cabinet and does not attend its meetings.
• The Monarch remains neutral and acts on the advice of the Cabinet.
• The cabinet and parliament work closely together, with ministers being members of both.
• There is no strict separation of powers; the cabinet controls both the executive and legislative functions.
• Collective responsibility is a core principle; all ministers are collectively responsible for government policies.
• If the Cabinet loses confidence of the House of Commons, it must resign or advise for dissolution.
• Ministerial responsibility ensures that individual ministers are accountable for their actions.
• The cabinet as a whole does not resign for individual mistakes, but individual ministers may resign for personal errors.
• Political homogeneity is preferred; ministers are usually from the same political party.
• Coalition ministries are rare and formed only in extraordinary circumstances.
• The Prime Minister is central to the Cabinet, making recommendations, reshuffling, and acting as the party leader.
• The Prime Minister’s resignation leads to the resignation of the entire Cabinet.
• Cabinet meetings are conducted in secrecy; members take an oath of secrecy under the Official Secrets Act.
• Cabinet meetings are typically held on Wednesdays at 10, Downing Street, but can be summoned at any time in emergencies.
• Lloyd George III established a permanent Cabinet Secretariat in 1917 to maintain secrecy and record minutes.
• Decisions are not made by voting but through consensus; once a decision is made, all members support it.

• The Cabinet occupies a central and dominant role in the British constitutional system.
• It is described as the key-stone of the political arch, steering wheel of the State, and central directing instrument.
• The Cabinet decides major national policies for both domestic and international issues.
• It formulates and executes policies, with individual ministers handling administrative departments.
• The Cabinet is the principal custodian of executive powers, responsible for policy formulation and execution.
• It appoints high officers of the State and oversees all administrative work.
• The Cabinet controls and guides legislative work, preparing, introducing, and advocating for bills in Parliament.
• Government bills are generally passed due to majority support; if rejected, the Cabinet may resign or seek dissolution.
• The Cabinet controls national finance, decides on taxes, and finalizes the budget before its introduction in the House of Commons.
• It coordinates policies across various departments to ensure harmony and prevent conflicts.
• The Cabinet addresses conflicts, overlapping, and wastage in departmental policies and guides overall government functions.

• John Morley described the Prime Minister as the keystone of the Cabinet-arch and one of the most powerful political figures.
• Sir Ivor Jennings called the Prime Minister the ‘keystone of the constitution’, indicating central importance to various state functions.
• The Prime Minister holds significant power without formal legal sanction; the office is not specifically defined by law.
• The position of Prime Minister evolved from historical precedents, starting with Sir Robert Walpole, who was appointed by George I due to his unfamiliarity with British politics.
• The term ‘Prime Minister’ was first used in the Treaty of Berlin in 1878 and formally recognized in the 1906 parliamentary Act, which established the Prime Minister’s rank and precedence.
• The Ministers of the Crown Act, 1937, formally recognized the office and set a salary of £10,000 per annum for the Prime Minister as the First Lord of the Treasury.
• The Prime Minister’s power and authority are based more on constitutional conventions than legal status.
• Gladstone’s observation highlights that the Prime Minister has substantial power with minimal formal title or prerogative.

• The selection of the Prime Minister depends on the Monarch.
• Historically, royal choice played a significant role in appointing the Prime Minister.
• Prime Ministers since Sir Robert Walpole have been chosen from either the House of Lords or the House of Commons.
• A convention established since 1923 is that the Prime Minister should belong to the House of Commons.
• In 1923, King George V had to choose between Lord Curzon (House of Lords) and Stanley Baldwin (House of Commons) as Prime Minister, selecting Baldwin after consulting party members.
• The Prime Minister is appointed from the House of Commons due to its greater power over the House of Lords and the Prime Minister’s responsibility to the House of Commons and electorate.
• The convention of the Prime Minister being a member of the House of Commons has become well-established in the twentieth century.

• The position of the Prime Minister is based on convention, not law.
• The Prime Minister has immense powers and prestige.
• Formation of the ministry: The Prime Minister forms the ministry and selects ministers to present to the Monarch for appointment. The entire ministry resigns if the Prime Minister resigns or dies.
• Distribution of portfolios: The Prime Minister allocates departments and decides the size of the Cabinet, ensuring important party members and a balance of age groups are included.
• Chairman of the Cabinet committee: The Prime Minister convenes and presides over Cabinet meetings, sets the agenda, and oversees ministers’ administration of their departments.
• Leader of the House of Commons: The Prime Minister represents the Cabinet in the House of Commons, announces government policies, and may delegate business arrangement duties.
• Chief coordinator of policies: The Prime Minister coordinates policies across ministries to prevent conflicts and ensure cohesive government functioning.
• Sole advisor to the Monarch: The Prime Minister communicates government decisions to the Monarch, acts as the link between the Sovereign and the Cabinet, and advises on appointments and honors.
• Leader of the nation: The Prime Minister is the leader of the majority party and the nation, influencing public opinion and taking action in emergencies, sometimes without prior Cabinet consultation.
• Power of dissolution: The Prime Minister advises the Monarch to dissolve the House of Commons, a power that compels members to be subservient to the Prime Minister.
• Other powers: The Prime Minister has patronage powers, makes significant appointments, attends international conferences, and may sometimes act without Cabinet consultation, which can conflict with collective responsibility.

• The Prime Minister holds a key position in the British Constitutional system and is often described as the pivot of the government.
• Lord Morley described the Prime Minister as primus inter pares, or ‘first among equals,’ but this description is seen as inadequate by others.
• Ramsay Muir argued that the Prime Minister holds more power than any other constitutional ruler, including the President of the United States.
• Sir Ivor Jennings and Sir William Harcourt emphasized the Prime Minister’s superior and central position, with Jennings comparing him to the ‘Sun around which other planets revolve.’
• The Prime Minister is the most important person in the government, with significant influence over all departments.
• General elections in England often focus on the Prime Minister, with elections becoming a plebiscite between candidates for the role.
• The Reform Act of 1867 democratized the House of Commons and increased the Prime Minister’s power.
• The growth of party systems and discipline has made the Prime Minister both the national and party leader.
• Modern developments in media and international relations have increased the Prime Minister’s prominence.
• The creation of the Cabinet office and committees has further strengthened the Prime Minister’s control over administration.
• Sir Ivor Jennings observed that the Prime Minister wields authority comparable to that of a Roman Emperor.
• The position of the Prime Minister is shaped by the holder’s personality and their ability to command support from colleagues.
• Dynamic and influential Prime Ministers like Pitt, Peel, Disraeli, Gladstone, Lloyd George, and Churchill have had significant impact, while others like New Castle and Liverpool had less influence.
• Although the Prime Minister possesses vast powers, they are not a dictator; their actions are subject to parliamentary and public scrutiny.
• The Prime Minister’s authority can be described as a constitutional dictator or a dictator by consent, but their role remains accountable and subject to replacement if they fail to serve effectively.
• The Prime Minister’s position varies based on their ability to render useful services and maintain support.

• Critics argue that there is a Prime Ministerial form of government in England due to the vast powers of the Prime Minister.
• R. H. S. Crossman suggests that post-war cabinet government has transformed into Prime Ministerial Government, where one man joins the legislative and executive parts of the State.
• Bagehot’s description of the Premier as Chairman or primus inter pares might have been a misnomer even in his time.
• The Prime Minister’s powers include selecting and removing Cabinet members, deciding Cabinet agendas, announcing decisions, advising the Monarch on dissolution, and controlling party discipline.
• The Prime Minister’s role has become more central, with Cabinet ministers acting as his agents or assistants.
• The Cabinet is often seen as a Board of Directors with the Prime Minister as the General Manager or Managing Director.
• Historical examples of Prime Ministerial power include Peel’s personal initiative in repealing the Corn Laws in 1846, Eden’s decision on the Suez invasion in 1956, and Wilson’s decision to dissolve the House of Commons in 1966.
• Critics like Herbert Morrison argue that the Cabinet remains supreme and that the Prime Minister cannot override the Cabinet’s desires.
• The Prime Minister must work in mutual cooperation with the Cabinet, similar to an executive chairman.
• The truth lies between the two views: the Prime Minister is more powerful than individual Cabinet ministers but must still carry the whole Cabinet with him.

• The British parliament began as an aristocratic and feudal assembly of the king’s tenants-in-chief.
• It met infrequently to advise, control, or pressure the king on important matters.
• Its work was not primarily legislative, but included issues like war, peace, administration, feudal obligations, and trials.
• A small council of household servants and public officials assisted the king with daily government business.
• The evolution of the parliament began in the 13th century, particularly in the 14th century.
• The Great Council transformed from feudal tenants-in-chief to a select group of hereditary peers, becoming the House of Lords.
• New representative elements were added, forming the House of Commons.
• The term “parliament” initially referred to conversations or interviews rather than a specific assembly.
• Derived from the French “parler” and Latin “parliamentum,” it was used loosely for gatherings, judicial sessions, or meetings between monarchs.
• The term “parliament” appeared in official records in the 13th century.
• English chronicler Matthew Paris used the term for a great council of prelates, earls, and barons in 1239 and 1246.
• The term gradually came to signify assemblies involving the king and his realm’s estates.
• The presence of the Commons was not always necessary for a gathering to be considered a parliament.
• Historians like Professor Plucknett argue that earlier great councils should be considered part of parliamentary history.
• The size and interest in politics have varied over time, increasing with population growth, education, and democratic sentiment.
• Edward I’s assembly of 1295 is called the “model parliament” for including all parliamentary elements: bishops, abbots, earls, barons, elected representatives, knights, burgesses, and lower clergy.

• The House of Lords originated from the feudal system, developed after the Norman Conquest.
• William the Conqueror created small baronies rather than large fiefs and required oaths of allegiance to prevent tenants-in-chief from becoming independent.
• Tenants-in-chief were summoned by writ to the king’s council, leading to the creation of the modern British parliament.
• Their duties included military defense, financial contributions, order maintenance, and law administration in their baronies.
• Barons resisted the crown’s encroachments and were instrumental in drafting the Magna Carta.
• The right to a writ of summons to the king’s council was established by the Magna Carta for greater barons, while lesser barons were summoned by the sheriff.
• Greater barons formed the nucleus of the House of Peers, while lesser barons were represented by Knights of the Shires in the Commons.
• The crown sometimes summoned non-barons to the council, and the right to a writ became hereditary by the 5th year of Richard II.
• Peerages by writ were distinct from peerages created by patent and were initially not hereditary.
• Creation of peerages by statute involved parliamentary consent, reflecting some popular influence.
• The first peerage creation in 1382 was seen as unconstitutional; later, the Tudor period allowed peerage creation without parliamentary consultation.
• Judges were summoned to the House of Lords for consultative purposes but did not have voting rights or a secure tenure.
• Key formative processes of the House of Lords:
  1. Feudal barons were summoned for governance responsibilities.
  2. The need for capable persons in council led to non-hereditary summoning, later considered hereditary.
  3. The modern peerage by patent started as arbitrary power and later required parliamentary consent.
  4. The House of Lords initially had life members; the hereditary concept and recruitment evolved over time.
  5. Membership grew excessively, leading to a decline in influence since 1832 due to the rise of the House of Commons and democratic reforms.

• The House of Commons’ history spans the last 600 years, documented in 120 folio volumes.
• Its prominent feature is the great antiquity of forms and rules.
• Sir Reginald Palgrave noted that the parliamentary procedure of 1844 was similar to that of the Long Parliament.
• Edward Porritt highlighted the minimal changes in parliamentary procedure since Henry VII’s reign, with enactment by bill superseding enactment by petition.
• The House of Commons moved to its current meeting place in the Chapel assigned by Edward VI in 1547.
• The adoption of the bill as the exclusive form for parliamentary business marked a significant boundary in parliamentary history.
• Three periods in the House of Commons’ historic order of business:
  1. First Period: From Henry III and Edward I’s reign until the mid-16th century, distinguished by the transition from petition to bill as the primary parliamentary form.
  2. Second Period: Encompassing Queen Elizabeth’s reign and the first four sovereigns, establishing permanent procedural fundamentals of the House of Commons.
  3. Third Period: Beginning with the Revolution, leading to conservative parliamentary rule, ending with the 1832 franchise extension, and transitioning to the reformed House of Commons.
• The prime minister, while not elected by the House of Commons, must maintain a supportive and accountable relationship with its members.
• The prime minister is always a member of the House of Commons, not the House of Lords.
• Each parliamentary member represents a single constituency, with procedural differences between county and borough constituencies regarding election spending.
• The timing of elections is determined by the prime minister, with elections traditionally held on Thursdays.
• A candidate must be nominated by ten registered voters and meet qualifications: must be 18 years old and a UK citizen.

• The parliamentary system of government originates from Great Britain with a non-coded constitution.
• The constitution includes various laws, court decisions, and unwritten conventions.
• The leader of the majority party in the House of Commons becomes the prime minister.
• The prime minister and most Cabinet members are members of the House of Commons.
• The government must maintain a majority in the House of Commons to stay in power.
• If the government loses a vote of confidence, it must resign or seek dissolution of Parliament.
• The UK Parliament’s Upper Chamber is the House of Lords, consisting of the Monarch.
• The House of Lords is appointive, whereas the House of Commons is elected.
• The powers of the House of Lords were significantly reduced in 1911 and 1949.
• In 1999, hereditary peers were excluded from the House of Lords.
• Since 1952, the Monarch has played a ceremonial role and does not exercise a royal veto.
• The UK has 650 constituencies, each represented by one Member of Parliament (MP).
• An MP’s term is up to five years.
• There are six types of elections in the UK: UK general elections, devolved parliaments and assemblies elections, European Parliament elections, local elections, mayoral elections, and Police and Crime Commissioner elections.
• Elections are typically held on Thursdays.
• General elections are scheduled within five years of Parliament opening; other elections also have fixed dates.
• Devolved assemblies and parliaments can have early elections in certain cases.

• Six electoral systems are used in the UK: Single Member Plurality (First-Past-the-Post), Multi-Member Plurality, Party List, Single Transferable Vote (STV), Additional Member System (AMS), and Supplementary Vote (SV).
• First-Past-the-Post: Used for House of Commons and local polls; voters mark a cross next to their preferred candidate; candidate with most votes wins.
• Supplementary Vote (SV): Used for electing the Mayor of London; voters cast a first and second preference vote; if no candidate gets over 50% of first preferences, second preferences are counted to determine the winner.
• Alternative Vote (AV): Used for committees and by-polls; voters rank candidates; if no candidate gets over 50% of first preferences, votes are redistributed based on rankings until a winner is found.
• Single Transferable Vote (STV): Used for deputy speakers and some local and European elections; voters rank candidates; surplus votes and lowest votes are redistributed until all seats are filled.
• Additional Member System (AMS): Used for Scottish Parliament, Welsh Assembly, and London Assembly; voters have two votes: one for an individual and one for a party; additional members are allocated based on party vote proportion.
• Closed Party List: Used for European Parliament elections (except Northern Ireland); voters choose a party; seats are allocated based on party vote proportion.
• The electoral register is maintained by district councils and includes names, addresses, and electoral numbers of registered voters.
• Voters must be 18, UK nationals, Commonwealth citizens, or EU members, and must show ‘permanence’ in their area.
• Voters can register if they will be away during polls for reasons like work or study; registration is not allowed for convicted prisoners or those guilty of corrupt practices.
• The electoral register is published annually on December 1, or February 1 if a poll is held between July 1 and December 1.
• Two versions of the register exist: full (for scrutiny) and edited (for sale and personal use); people can opt out of the edited register.

• In the UK, election results often depend on marginal constituencies where seats are held by narrow majorities.
• Methods of Casting Votes:
  • In Person: Polling booths open from 7 am to 10 pm; no ID required except in Northern Ireland where identification is needed. Ballots are marked with an official mark and unique number. Spoiled papers can be replaced; tendered ballots are used if there is a voting issue but are not counted.
  • By Post: Voters can apply to receive postal ballots for one election or all elections for life; must be returned by 10 pm on polling day.
  • By Proxy: Voters appoint someone to vote on their behalf; applications must be made six days before polling. Proxy voting rules vary by region; explanations needed in Northern Ireland.
• Accessibility: Polling booths must be accessible to disabled voters; assistance is provided, and voting materials are in English and Welsh.
• Post-Election:
  • Polls close at 10 pm; results are declared between 11 pm and the next day.
  • If one party gains an absolute majority, the outgoing PM makes a statement. If a new party gains power, the PM resigns, and the Monarch asks the new party leader to form a government.
  • The Queen can dismiss a PM, though this is rare; last happened in 1834.
  • The largest party not in government becomes the Opposition, known as Her Majesty’s Loyal Opposition.
  • By-elections fill vacancies due to death, ennoblement, or resignations; no fixed timeframe for by-elections.
• General Elections: Held on the first Thursday of May every five years, but can be called earlier if:
  • A confidence motion fails, and no new government gains confidence within 14 days.
  • Two-thirds of the House of Commons agrees to a general election.
• Previously, Parliaments could be dissolved before the five-year term at the PM’s request to the Monarch.

• The judiciary is crucial in a democratic country for ensuring that laws are applied and upheld without bias.
• Professor Laski noted that laws require judicial oversight to be effective, as they are not self-operative.
• Hamilton stated that laws are meaningless without courts to interpret and enforce them.
• The British judiciary was restructured by the Judicature Acts of 1873-1876 and further amended by the Act of 1925.
• Before 1873, England’s judicial system was chaotic with overlapping jurisdictions and procedures.
• The Acts of 1873 reorganized and simplified the judicial system.
• The Rule of Law is foundational in the British constitutional system.
• England has three types of law: common law, statute law, and equity.
• Common law and equity are based on traditions, customs, and judicial decisions, while statute law is based on legislation.
• British judicial principle mandates that decisions by judges apply to all similar cases unless overturned by a higher court or modified by Parliament.

• Impartiality and Independence of the Courts: British judiciary is known for fairness, impartiality, and incorruptibility. Judges are free to make decisions without fear or favor. The Act of Settlement of 1701 ensures judges hold office based on good behavior, not executive pleasure.
• Absence of Judicial Review: England has no judicial review; courts cannot declare acts of Parliament ultra vires. Parliamentary supremacy means Parliament’s laws cannot be questioned by courts.
• Absence of Separate Administrative Court: England does not have separate administrative courts. All citizens, including officials, are subject to the same court system.
• Absence of Uniform Judicial Organization: There is no uniform judicial system across the UK. England and Wales, Scotland, and Northern Ireland each have distinct court systems with different procedures.
• Jury System: The jury system is prevalent in England, where jury trials are available in most serious cases except in the lowest and highest courts. Jurors are known for impartiality and common sense.
• Integration of Courts in England and Wales: The judicial systems of England and Wales have been integrated and controlled by the Lord Chancellor, simplifying and streamlining the judiciary.
• Guardian of Individual Liberty: Courts in England protect individual liberties through common law, not parliamentary acts. The rule of law is fundamental to judicial operations.
• High Quality of Justice: English courts are known for high-quality justice, quick case disposal, and simple procedures. Judges are independent, and the judicial process is efficient and free from unnecessary delays.

• Oldest Judicial System: The Anglo-Saxon judicial system is the oldest and has been influenced by other judicial systems worldwide. There is no rigid written code of law in Britain, and the judicial system has evolved over time.
• Judicature Acts of 1873-76: These Acts reorganized the judicial system, establishing the Supreme Court of Judicature with the High Court of Justice and the Court of Appeal. Subsequent Acts in 1925 and 1971 made further changes.
• Division of Courts: British courts are broadly divided into civil and criminal categories, a common practice in global judicial systems.
• Criminal Court Categories:
  • Justices of Peace: Lowest criminal court. They are honorary laypersons appointed by the Lord Chancellor. Stipendiary Magistrates are salaried and legally trained. They handle minor crimes and can impose limited fines or imprisonment.
  • Court of Quarter Session: Higher court dealing with serious criminal cases. Consists of two or more justices and meets quarterly.
  • Court of Assizes: Held in county towns and cities, presided over by High Court judges on circuits. Deals with grave offenses like armed robbery and murder, assisted by a jury. Appeals can be made to the Court of Criminal Appeal.
  • Court of Criminal Appeal: Established in 1907, it hears appeals from Quarter Sessions and Assizes, consisting of the Lord Chief Justice and at least three Queen’s Bench judges.
• Civil Court Categories:
  • County Court: Lowest civil court, handling cases with amounts up to 500 pounds. Presided over by a judge and assisted by a registrar who often resolves cases without referring them to the judge.
  • Supreme Court of Judicature: Includes:
    • High Court of Justice: Divided into Queen’s Bench Division, Chancery Division, and Probate, Divorce and Admiralty Division (Family Division). Judges may sit in any division and apply common law or equity.
    • Court of Appeal: Appellate authority for county court and High Court judgments. Deals with substantial questions of law without witnesses or jury. Appeals from the Court of Appeal can be made to the House of Lords.
  • House of Lords: Highest appellate court in both civil and criminal cases. Consists of the Lord Chancellor and nine Law Lords who exercise judicial functions without sitting as a full House. They give judgments regardless of Parliament sessions.

• The judicial committee of the Privy Council is the final court of appeal for cases from colonies, certain dominions, and ecclesiastical courts in England.
• It is an administrative body advising the Crown on appeals rather than a court in the traditional sense.
• The committee consists of the Lord Chancellor, former Lord Chancellors, nine Law Lords, the Lord President of the Privy Council, and other eminent judicial figures.
• Most of its work is handled by the Law Lords of the House of Lords.
• Appeals go directly to the committee, which advises the Crown on whether to accept or reject them, with no further appeal possible.
• The committee serves as the highest court in naval prize cases during wartime.
• The British Judicial System is renowned for its excellence, impartiality, independence, and promptness.
• The legal profession in England is highly esteemed and attracts the country’s best talents.
• The concept of the Rule of Law is integral to the legal system, emphasizing that ‘where law ends, tyranny begins’.

• The British constitution’s key feature is the concept of the rule of law.
• Human dignity necessitates rights and freedoms, which are protected by constitutions in most democracies.
• In the US and India, constitutions act as watchdogs for individual freedoms.
• England lacks a written constitution and bill of rights but still upholds democratic principles.
• The rule of law is central to British liberty and is carefully maintained.
• John Locke’s dictum states: ‘where law ends, tyranny begins.’
• British history shows a persistent effort to preserve liberty through the rule of law.
• The rule of law signifies that laws, not the arbitrary will of rulers, govern.
• Lord Hewart defines the Rule of Law as ‘the supremacy of predominance of law as distinguished from mere arbitrariness.’
• A. V. Dicey provided a detailed exposition of the rule of law, considering it fundamental to the British constitutional system.
• Dicey’s three propositions of the rule of law:
  • (i) No one can be punished arbitrarily; punishment requires a legal breach established in ordinary courts.
  • (ii) Everyone, regardless of rank, is subject to the ordinary law and jurisdiction of regular courts.
  • (iii) The general principles of the constitution arise from judicial decisions, not from a constitutional code.
• Legal rights in Britain are protected by judicial decisions and access to courts, not by a written constitution.
• The judiciary plays a crucial role in protecting individual liberties.
• Parliament can enact or repeal rights through statutes, like the Habeas Corpus Act of 1679 or emergency laws during national crises.
• The rule of law, supported by tradition and public opinion, protects liberties in Britain as effectively as written constitutions do elsewhere.
• The British constitution results from ordinary law and judicial rulings, contrasting with written constitutions in other democratic countries.

• Dicey’s exposition of the rule of law faces criticism for being subjective and influenced by 19th-century liberal Whig philosophy.
• His book, The Law of the Constitution (1885), reflects the Laissez-Faire philosophy and lacks consideration for the modern welfare state.
• The modern state’s growth requires discretionary powers and delegated legislation, which Dicey did not anticipate.
• Lord Hewart criticized the increase in discretionary power as “new despotism,” though it’s seen as inevitable.
• Sir Ivor Jennings criticized Dicey’s concept of equality before the law as too ambiguous and impractical.
• Jennings notes that public officials have certain privileges not afforded to ordinary citizens, such as search powers.
• Modern statutory laws and regulations complicate Dicey’s concept of equality, with individuals subject to both professional and general laws.
• Dicey’s idea that the constitution is simply the result of ordinary law is challenged by the reality of parliamentary sovereignty, which can reverse court decisions.
• Jennings argues that the rule of law is not a guarantee of democracy but a feature of democratic systems, and lacks a precise definition.
• Despite criticisms, the rule of law remains a fundamental principle in Britain, safeguarding liberties and ensuring freedom under the authority of law.
• Modern views on the rule of law include the need for control and transparency in delegated legislation, accountability for all, and protection of private rights by impartial tribunals.
• The rule of law continues to be a core principle in British constitutionalism, valued for its role in preserving liberty.
• Public opinion is crucial in protecting liberty, and as Judge Learned Hand noted, liberty resides in the hearts of people rather than solely in laws or constitutions.