ব্রিটেনের সংবিধানের প্রধান প্রধান বৈশিষ্ট

The British Constitution is often hailed as a unique model in the realm of political systems due to its distinct characteristics and historical evolution. By analyzing the functioning and governance of Britain, we can identify several defining features of its constitution:

1. Unwritten Constitution

One of the most remarkable aspects of the British Constitution is that it is unwritten. There is no single, codified document that outlines the governing framework of the country. Instead, it is composed of a collection of statutes, judicial decisions, conventions, customs, and legal precedents. Key documents such as the Magna Carta (1215), the Petition of Rights (1628), the Act of Settlement (1701), and the Parliament Acts of 1911 and 1949 form the foundational pillars of this uncodified system.

2. Evolutionary and Dynamic Nature

The British Constitution is evolutionary in nature. It was not crafted by any specific body or assembly but has developed organically over centuries, adapting to the changing needs of the people. As Professor Jennings noted, "The British Constitution was not made; it has grown." This adaptability has ensured its relevance and effectiveness through generations without any major interruptions.

3. Flexibility

Unlike rigid constitutions that require complex procedures for amendment, the British Constitution is highly flexible. It can be altered through the regular legislative process. There is no distinction between constitutional and ordinary laws, making legal reform more accessible. However, despite this formal flexibility, in practice, change can be slow due to British political conservatism and traditionalism.

4. The Gap Between Theory and Practice

Another unique feature is the disparity between theory and practice. For instance, theoretically, the monarch holds supreme authority. However, in practice, the cabinet exercises this power, even though it is not officially recognized in law. Similarly, while Parliament is considered sovereign, many believe the cabinet wields the actual power of governance.

5. Unitary System of Government

The British Constitution establishes a unitary state, where all powers are centralized under the national government. There is no formal recognition of the separation of powers or federalism, as seen in countries like the United States. Instead, cooperation between levels of governance is emphasized.

6. Parliamentary Sovereignty

Parliamentary sovereignty is a core principle of the British Constitution. Parliament has the ultimate authority to make, amend, or repeal any law. Courts are obliged to apply laws passed by Parliament, with no power to strike them down. As A.V. Dicey famously put it, “Parliament can make or unmake any law, and no person or body can override or set aside its legislation.” In the words of De Lolme, “The British Parliament can do everything except turn a man into a woman and vice versa.”

7. Responsible Government

A key democratic feature is responsible government. The cabinet, led by the Prime Minister, governs on behalf of the legislature and is accountable to it both individually and collectively. Through mechanisms like motions of no-confidence, questions, debates, and censure motions, Parliament ensures ministerial accountability and transparency.

8. Constitutional Monarchy

Britain maintains a constitutional monarchy, blending hereditary monarchy with democratic institutions. While Parliament and the cabinet exercise real political power, the monarch holds only symbolic and ceremonial roles. As constitutional expert Walter Bagehot described, the monarchy is “dignified” rather than “efficient.” Scholar A.V. Dicey rightly noted that “In law, the British monarchy is absolute; in practice, it is democratic.”

9. Importance of Conventions and Customs

Conventions and unwritten practices play a significant role in the British Constitution. These unwritten norms govern critical aspects of government operation and are often treated with as much reverence as written laws. Over time, these conventions have contributed significantly to the unwritten character of the constitution.

10. Rule of Law

The Rule of Law is a cornerstone of the British legal system. Its principles include:

No one can be punished unless they have violated the law.
All individuals are equal before the law.
Fundamental rights are protected through judicial decisions.

The Rule of Law ensures civil liberties and personal freedoms, making the British Constitution a guardian of justice.

11. Jennings’ Four Key Features

According to Professor Ivor Jennings, the British Constitution has four main attributes:

Democratic in nature,
Parliamentary in structure,
Contains features of a monarchy,
Emphasizes cabinet government.

12. Peaceful Constitutional Development

Political scholar C.F. Strong remarked that “The British Constitution has evolved without crisis and improved without revolution.” Its gradual development has allowed Britain to avoid the chaos and upheaval associated with abrupt constitutional changes.

13. Parliamentary System of Government

The British system is a classic example of a parliamentary form of government, where the executive branch is accountable to the legislature. The Prime Minister and cabinet must maintain the confidence of the House of Commons to remain in power.

14. Civil Rights and Liberties

The British Constitution does not provide a comprehensive list of citizen rights. Instead, it focuses on what citizens are prohibited from doing, such as sedition, defamation, or disrespect toward other religions. Nevertheless, the protection of civil liberties is upheld through laws, judicial decisions, and established conventions.

15. Absence of Separation of Powers

Unlike the U.S. system, the British Constitution does not strictly adhere to the doctrine of separation of powers. As Robson observed, “The constitutional history of England contains little evidence of power separation.” However, in practice, Parliament generally avoids interfering in the daily functions of the executive and judiciary.

Conclusion

The British Constitution stands as a living, adaptable framework that blends tradition with modern governance. Its unwritten nature, parliamentary supremacy, and strong conventions make it both unique and effective in maintaining political stability and democratic values. Its strength lies not in rigid codification but in its capacity to evolve with the needs of the people.