What are the sources of British Constitution.and Discuss fully the sources of English Constitutional law.LLB part I Punjab Universty

What are the sources of British Constitution.(2002)(2001)(2002)Q. Discuss fully the sources of English Constitution law.(1999)(1998)

1. Introduction:- The English Constitution is not found in one document. It consists of different elements which are scattered. It came into existence with the passage of time. It can only be understood by reference to long series of acts, traditions and judicial decisions.
2. Sources Of U.K. Constitution:- Following are the source of U.K. Constitution.
(I) Constitutional landmark (II) Statutes (III) Common Law (IV) Judicial decisions              (V) Conventions (VI) Opinion of jurists (VII) Delegated legislation

I. Constitutional Landmarks:- Constitutional landmark is the combination of documents, charter law. This came into existence in the shape of agreements, contracts, treaties or recognition of rules, by parliament. These laws and charters are very important as source of U.K. Constitution.

Examples: (i) Mangna Carta (1215) (ii) Petition of rights (1628)(iii) Bill of rights(1789) (iv) Act of Settlements(1701)(v) Parliament Act of (1911).

II. Statutes:-The second source of U.K. Constitution is statutes. According to requirements of the people and demands of Government U K . Parliament formulated the law which not only played vital role for source of constitution be also delivered coordination among the institution of Government. Following are important statutes, which includes in the source of U.K. Constitution.

(i) The Habeas Corpus Act, 1671.(ii) The Municipal Corporation act, 1761.(iii) The Reform Act, 1867(iv) The Judicator Act, 1873 (v) The Representation of people Act, 1918 (vi) The Ministry of Crown Act, 1937.

III. Common Law:-Common law may be defined as those rules which are product of slow process of long historical growth being based upon customs and traditions. These principles are not set down in any statute or ordinance. The Courts recognize these principles. The prerogatives of the crown, the right of trial by jury the right of freedom of speech rest almost entirely on common law.

IV Judicial Decisions:- Another source of U . K .Constitution is to be found in judicial decisions. Judicial decisions are the judgments and interpretations of courts, which define the scope and limitations of the different charters, statutes and common law. Following are also landmark judicial decisions in U. K. history.
Bushell, s case (1670) established the independence of juries.
The case of Attorney General v. De Keysers Royal hotel Ltd. (1920) decided that the discretionary powers of the crown were limited by the petition of Rights Act of 1860.
The Case of Howell (1678) established the immunity of the judges.
The case of wilkas v. Wood, gave the protection and liberty of writer and author.
v. Convention: According to Prof. Dicey Convention are those customs or understanding as to the mode in which various members of sovereign legislative body should exercise their discretionary authority.

The substantial portion of U .H K. Constitution is based on conventions. These are not codified in any book of law. The Courts do not enforce conventions but however, these rules are recognized by the constitution.

A. Important Conventions:- Following are some of the important convention.

(i)                  The crown has no power to veto a bill passed by both the Houses.(ii) Parliament must be summoned once a years.(iii) Prime Minister will be form House of Commons.

VI Opinions Of Jurists :-Opinions of jurists are also an important source of U. K . Constitution. The jurists express their opinions in consultation with customs, traditions, judicial decisions and statutes. Some of the important books of different jurists are as follows:- (i)Austin , s Law and the customs of the Constitution.(ii) Dicey , s Law of the Constitution(iii) Lords Halsbury , s commentary on the U . K. constitution.

VII statutory Rules Made By Various Authorities:

There are various authorities empowered to legislate under parliament Acts like Universities and Municipal bodies. The Laws and rules made by these authorities are part of the U.K Constitution.

3- Conclusion:- The conclude, I can say, that the English constitution is a growing organism. It has been undergoing a slow process of evolution for centuries. The idea of revolution is alien to its working. It is not derived from a single source but form several and it is still a growing Constitution.