INTRODUCTORY BRITISH DEMOCRATIC CONSTITUTION

The British constitutional system is the oldest democratic system in the modern world which provides democratic principles to govern a large country as all countries have adopted it. It is continuously a dominant characteristic in the growth of English government. English people interpreted principles in different situations, but never repudiated their tradition neither legally nor practically.

SOCIO-ECONOMIC SITUATIONS AND POLITICAL REVOLUTION

It is the general rule that the social formation and political revolution of any country make its form of government and political organizations. British parliamentary and governmental system also follow this rule as it is general rule to all countries. British Parliamentary system is the effect of the social revolution of the middle group in Europe. The sovereignty of the feudal class was demolished by “Social revolution of bourgeois in Europe” which established British structure.

POLITICAL GROWTH

Political growth in England is the result of different cultures and customs of immigrants.

TRIBAL-COMMUNAL SOCIETY

The 1st immigrants of British Island are Iberian and Alpine. They have their own land and cattle.

THE CELTIC TRIBES

They invaded the previous clans and blend them in their own culture and formation. They also brought the concept of agriculture and trade.

ROMAN COLONIAL REGIME

In 52 B.C. Julius Ceasar invaded England and made the country a colony of Roman Empire. The England people have colonial regime for about four centuries. They established commerce, transport, system of agriculture, landlord ship and awarded the civil status to five cities. The leading class was converted into land owners and the land in joint ownership of the clans into private property.

THE ANGLO-SAXONS

They started invasion in 5th century and ended in 6th century. Their political system was partly tribal and feudal. They crushed Romans and established the territorial kingdom. Social division took place between warriors and peasants and prosperous warriors claimed for sovereignty and became the feudal rulers. Big farmers and small peasant were called Thanes and Ceoreals serially.

ENGLISH LANGUAGE

Angles, Saxons, Jutes and Danes came from Germany and Denmark and the present English language has grown from their languages.

ROLE OF RELIGION

Christianity entered in England during the Celtic tribe. Later on the king and queen adopted the Roman Christianity which is reformed during the Anglo-Saxons’s regime. Anglo-Saxon chiefs were also convinced from Roman Religion, in consequence they accepted it and left the Paganism. In the result, the king also awarded land to the Church. Thus free farmers became the slaves, serfs and workers and their collective property was given to the bishops and landowners as the private property of them. Further, Scandinavians invaded and developed commerce but deprive the peasants. In 1018, King Canute of Denmark declared himself as the monarch of England.

NORMANS

After the death of King Canute, Britain was a free country but in 1066, King William invaded England. The Witan was an assembly of the noble men which announce him a new King of England. He centralized government where feudal lords have to obey him. The Constitution of Britain at that time directed on the basis of stability of power between the King and his barons.

FEUDAL LORDS

They ruled the regions under their control and referred the conflicts of their subjects to the private courts. They had duty to collect taxes, obtain facilities from their tenants, support the king in war and inform him to direct the administration.

SERFS OF THE ENGLAND

The serf of medieval England was different from the Roman slaves as he could claim the customary rights for himself. The king was prohibited to take his life without ascertaining him guilty. So he was more liberal in Roman regime.

KINGS COURTS AND CHURCH COURTS

Authority of Church expanded during Norman regime and competition started between King’s Courts and Church Courts. Distinction between both jurisdictions arose due to unique laws as Church Courts and Royal Courts were based on the Roman law and the Common law serially.

HENRY II

William’s grandson “Henry II” introduced the system of justices and developed law equal to all nation.

MAGNA CARTA

In the regime of King John, the power of monarch was limited by constitutional rules and the royal authority was demolished by the Great Charter of 1215 “Magna Carta”.
Stanley Rothman has accurately carved about the development of England,
“England had developed many of the characteristics of modern nation before the economic and social revolutions of the eighteenth and nineteenth centuries.”

CHARACTERISTICS OF MAGNA CARTA

The characteristics of Charter of liberty are;
It was the Charter of British liberty. A free man was save by a lawful judgment. No one can arrest or prison him. It laid down Principle of parliamentary democracy. King had limited powers and his abuses of power was abolished. King could only impose taxes with the consent of Great Council.

TUDOR REGIME

It was the time of establishment of modern English government and constant constitutional growth.

FIRST CONSTITUTIONAL MONARCH

Parliament requested William and Mary to establish 1st constitutional monarch of Britain who can govern with the verification of Parliament and The Bill of Rights was 1st official step towards it.

3RD ENGLISH CIVIL WAR

War started due to political, economic and religious issues. Political issue was exercise of power between Stuarts and Parliament, economic issue was the system of random royal taxation and religious issue was the mandate of more reforms in the Anglican Church. Parliament was succeeded in this war.

THE GROWTH OF PARLIAMENT

1st parliament of nobles joined together in 1264. It was an assembly of great barons and clerics of England. In 1265, Simon de Montfort called Parliament where two Knights and two burgesses were from every town. In commencement, three groups were in Parliament. 1st, 2nd and 3rd were denoting in sequence the nobility, the ministry and the commoners.

GROWTH OF THE POWERS OF PARLIAMENT

Professor Adams indicated two basic doctrines of Magna Carta. First, king and his government must obey the basic laws. Second, if they breach these laws, people will compel them to accept these laws or takeover it and make their own government.
Norman kings destroyed Saxon Witan and designed two new councils of Norman barons where Parliament was established from the Great Council and Privy Council and Cabinet from the Small Council. In 14th century, Parliament was divided in two chambers House of Lords and House of Commons. Authorities of Parliament became more obvious as two points raised; Crown had to take the assent of parliament to inflict taxes and 2nd was, parliament had the real power of inflicting taxes and the king to veto.
Further House of Commons become more influential than House of Lords. Septennial Act of 1716 arranged lengthy and steady sessions of House of Commons. Expansion made House of Commons an actual forum of popular desire. Parliament Act of 1911 also granted whole control and overruling powers in regular legislation.

THE CABINET

It was established from small Council and its 1st ancestor was Group of Charles II. It was private Council chosen by him to control the public business. Initially it had no separate authority from Privy Council but after that it was given all the powers aside from judicial powers. William III realized that he could not work with the members belonging to different parties so he gave the idea of selecting the members from a party which has majority in Parliament. Prime Minister was established when George I avoided to attend the sessions of Cabinet which were presided over by a Prime Minister.

CLOSING

The British constitutional system is the oldest democratic system in the modern world which provides democratic principles to govern a large country as all countries have adopted it. England is an old evolutionary democracy, appeared through a slow process. In 17th century, the principle of law formed, in 18th century, responsibility of executive became obvious, in 19th century, political parties established and in 20th century, competitive elections held and women and adult recognized to vote.

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SEPARATION OF POWER:

https://shariahandlaw.com/separation-of-power-sepration/

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BIBLIOGRAPHY:
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