Comparative Constitutional Law UK and USA

Tudor dynasty
The Tudor dynasty, a significant royal house in England that ruled from 1485 to 1603.
The Tudor period is a crucial era in English history, known for its significant events
such as the establishment of the Church of England, the exploration of the New World,
and the Renaissance flourishing in England.
It consists of:
 Henry 7th
 Henry 8th
 Queen Mary
 Queen Elizabeth I
Stuart rulers
The Stuart rulers were a Scottish royal dynasty that ruled Scotland, England, and
Ireland during the 17th century. They were Roman Catholics by faith. Here is a list of
the Stuart monarchs:
James I (1603-1625):
 Believer of Divine rights of kings.
 Ruling Scotland since 1567.
 Lacked farsightedness, wisdom and tact.(stubborn and haughty)
Charles II (1625-1649):
 Believer of divine rights of king.
 Struggle between crown and parliament
 More stubborn than his father
 Imposed arbitrary taxes, fined the offenders heavily
 Declared martial law during peace times.
 Civil war broke out (1642-1649)
 Executed in 1949
Common wealth -- “Oliver Cromwell” (1649-1660):
 O Cromwell became lord protector
 Raised the image of England by his foreign policy
 Complete peace and order in the country but freedom remained oppressed under
his military rule.
 After his 11 years period England turned to Monarchy again.
Charles II (1660-1685):
 Peaceful period
 Died issueless
 Ablest of the Stuart kings, passed his time well
James II (1685-1688):
 He was the younger brother of Charles II
 During his reign he started religious oppression and tried to enforce despotic rule
 He was at daggers drawn with parliament
 He was forced to quit the thrown in 1688 during glorious revolution.

Glorious revolution (1688)

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Introduction:
 During glorious revolution the authoritarian rule was replaced by rule of law.
 It was the peaceful revolution during which the shifting of system from
authoritative rule to rule of law without shedding of single drop of blood.
 James II fled to the France and parliament handed over to James II daughter Mary
and William of orange her husband.
Causes :
The main causes of glorious revolution were:
1. The main cause was the religious cause which were the efforts made by James II
to restore Catholicism in England.
2. Efforts to repeal test act (act was hurdle in the appointment of Catholists to high
offices)
3. Dispensing with and suspending of the acts of the land which results in the result
of tug of war between parliament and crown.
4. Establishment of the court of Ecclesiastical commission:
 Prerogative court
 To make forceful admittance of people
 Anybody who dared to oppose catholic faith was punished.
5. Interference in the internal affairs of the universities :
 Started appointing Catholic teachers in Oubridge
 Dismissed Sir Isaac Newton (V.C Cambridge)
6. James II’s cruel treatment with his enemies:
 Hanged his revolutionaries brutally, there followers too I.e., duke of Monmouth
and duke of Argyll.
7. Maintaining the standing army to suppress rebellions.
8. Friendship with France (Louis XIV) (Louis was tyrant to his protestant subjects).
9. Discontentment in Scotland and Ireland
 Appointed “Tyre Connel”, a notorious man
 Afflicted atrocities on protestant subjects.
10. Declaration of Indulgence-1687
 General welfare of the Catholics
 All restrictions were removed (regarding job and religion)
11. Another declaration next year 1688
12. Trial of seven Bishops
 King arrested seven Bishops and changes them with treason (later acquitted by
jury)
13. Birth of James II’s sons
14. Difficulties of William he also needed help of England.
Events:
 Seven great men (representatives of church, whig party (open minded) and tory
party (conservative)) sent messege to William of orange and Queen Marry
through Admiral Herbert.
 15th November 1688, William landed Torbay along with 15000 soldiers.
 James was forced to leave with Queen and newborn Son
 His daughter Anne and commander Churchill (duke of Malborough) changed
sides.
 Convention Parliament was called as Declaration of rights which were signed by
William and Marry and then crown was offered to them jointly.
Significance:
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 It was a bloodless revolution .
 It was based on compromise and consent (all fractions were united)
 Results were of significant and permanent in nature.
Results:
1. End of Divine rights f king
2. Supremacy of the Parliament was established.
3. Establishment of constitutional form of government in place of Despotic rule
(make no laws, lay no taxes, no standing army)
4. Independence of judiciary was established (judges were no longer appointed or
removed by king)
5. Fate of Roman Catholism was doomed.
6. Beginning of the period of religious toleration (act of toleration)
7. Independent foreign Policy.
Parliamentary Reforms In England (1832 -1928)
Defects in parliamentary system before 1832:
There are some defects in parliamentary system before 1832 which were become the
reasons of reforms:
1. Obsolete representative system:
 Due to industrialization, old towns were deserted and new towns were established
 Big cities like Manchester and Birmingham could sent only one representative
while old and deserted towns had right of sending 2 representatives.
2. Unequal distribution of seats:
 Distribution was not according to the population
 Equal number of representatives from big and small cities.
3. Undue influence of big landlords:
Nominations and rotton boroughs or pocket boroughs , big landlords could easily
nominate and elect any person they wanted to represent their boroughs.
4. Limited and unjustified franchise:
 Only landlords and the rich had right to vote (40s per year)
 Middle class, General public and industrialists had no right to vote
5. Corruption in Elections:
 At many places, the number of voters was so small that they can be easily bribed.
6. No secret ballot system:
 Votes were cast in the presence of all the candidates
 People cast in favour of influential persons
 System of open voting resulted in bitter enmity and bloodshed.
7. Women had no right to vote due to no universal suffrage
8. Limited eligibility for membership:
 Who possessed land and definite annual income
 Even Catholics had no right in this regard.
Circumstances leading to reform act 1832:
Circumstances included:
1. Many prime ministers wished to reform parliament in 18th century (I.e., Pitt. The
Elder, John Wilkes, Fox, Pitt. The Younger)
2. Due to French revolution talk of reforms was impossible because policy of
repression provided after French revolution.
3. George IV and Wellington were deadly against reforms.
4. Death of George IV (William IV succeeded to throne) paved the way for reforms.

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Process or struggles of reforms
First bill:
 Introduced by John Russel on 2nd March 1831
 it was failed at committee stage due dissolution of parliament by William on
April 1931
Second bill:
 Introduced after commencement of new parliament.
 Passed from House of Common (HOC) on September 1831 but unfortunately
failed in house of Lords with the deficiency of 41 votes.
Third bill:
 Passed by House of commons by some amendments which were sought at
committee stage of House of Lords.
 In result of personal efforts of William IV despite of resistance of Lords the bill
was passed from upper house with majority of 84 votes .
Main provisions of the reform act 1832:
1. It gave right to vote to middle class.
2. No representation from town having less than 2000 people due to which 56
places were deprived to send their representative.
3. One representative from town having 2000-4000 people due to this provision 30
towns had lost right to send 2 members and left with right to send one member.
4. Spread of representation among big cities about 143 vacant seats were spread
among big cities like Birmingham, Leeds, Bradford with the permission of they
can send 2 member as representative.
5. Creation of new boroughs like Chatham, Wakefield, Huddersfield with the
permission of sending 1 member as a representative.
6. Amendments in Franchise law:
 Uniform law of voting for all bu roughs
 All males of cities having property worth of 10 pound per year or rent of 10
pound per year were entitled to vote
 In rural areas permanent tenants having annual revenue 10 pound have right to
vote.
7. Preparation of voting list still in vogue
Significance of this reform:
This reform was significant in that way it made ways for further reforms.
Effects:
1. Transfer of political power in England:
 Power slipped out of the hands of big landlords
 New voters belonged to the middle class.
 Number of voters increased by 450000
2. Representation of newly built towns:
 Rights of pocket boroughs and rotton boroughs were snatched
 Right/representation was passed over to newly built towns
3. Step towards democracy:
 Set forward on the way to democracy
 One man out of 24 gained right to vote
4. Sovereignty of the people was established in result of the establishment of
parliamentary or popular sovereignty.
5. Change in nature and name of political parties :

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 Whig party name was changed with liberal party
 Tory party name was changed with conservative party.
6. Introduction of Further Reforms:
i. Slavery was abolished in 1833
ii. Factory act 1833
iii. Education act 1833
iv. Reform of poor laws 1834
Short comings of Reform Act:
1. Lack of satisfaction:
 Laborers and people did not get right to vote. Their condition was to remain same.
2. Undemocratic:
 Rights were merely given to middle class. Common peasant was disgruntled of
exploitation.
3. Disregard of women:
 Women were completely left out. No right of voting was given to women.
4. No secret ballot:
 No provision of secret ballot
 Corrupt practices continued
 Coercion and influence pursued.
Social and Economical Acts :
Some social and economical acts were provided aftermath of reform act 1832.
1. Abolition of slavery 1833:
 Efforts were made in different times but circumstances didn’t allow.
 According to this Act, slavery was banned in British Empire.
 Every slave was freed and sum of 2 crore was sanctioned to compensate masters.
Which impacts in huge financial loss to Empire.
 Slavery was still in vogue in South America and competition started.
2. Factory act 1833:
 For the weal and welfare of factory workers.
 In this act the following prohibitions was enforced
 Children up-to 9 years can not be employed
 Children up-to 13 years can work up-to 8 hrs per day
 Children up-to 18 years can work up-to 10 hrs per day
 Special inspectors were appointed by Lord Ashley (lord Shaftesbury)
3. Education act 1833:
 According to this act government 1st time took responsibility to provide annual
help of 20,000 to spread education especially to the children of poor.
4. Legal reforms 1833:
 According to this reform highest court of appeal was established which form
judicial committee to hear legal appeals from British colonies.
5. Reform of poor laws 1834:
 This reform was given in order to protect poor.
 Government decided to provide government allowance.
 Its main objective was “no person should die of starvation” which later results
that labourer lost their will to work
 Later government decided to provide allowances to people who are old and
unable to do work. And not allowed to physically fit people.
6. Municipal corporation act 1835
7. Registration of birth, marriage and death Act 1836

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8. The penny postage 1839 (one pence for any distance)
9. Act for mines 1842
Second reforms act 1867
This act gave right to vote to labour class.
Need of this reform:
 Labour class was disappointed because there was no change in their condition.
 They didn’t get right to vote which results in Chartist Movement 1848
 Chartist movement was led by Lovett, O’Conner, O’ Brien, Cooper
Efforts for reform:
 John Russel, Disraeli and others were put their efforts in 2nd reform act provision.
 While Palmerston was against it
 Disraeli introduced 2nd reform bill in Feb 187 which was passed by few
amendments.
Main provisions:
 All house owners in cities were given right to vote
 People living in houses rent more than 10 pound per year will have right to vote
 Temporary land holders having land worth 12 instead of 50 annual land revenue
will have right to vote
 Right to send representatives from important cities will increase to more than 2.
Significance:
 This reform had great significance but still prevailed many deficiencies.
 This reform created one million new voters including urban labourer and artisans
even living in huts.
Secret Ballot Act 1872
 People dare not to vote against the will of their masters.
 Gladstone got this act passed in result of which the chance of corruption were
diminished
 It was the important step towards democracy.
Third reform act 1884
 First and second reforms provided voting rights to peasants and laborers in urban
areas.
 While peasants and laborers in rural areas were deprived
 In this order Goldstone got the third reform act.
Provisions:
 All people in villages having their own houses got the right to vote.
 Rural people living in rented houses or temporary/ permanent peasants got the
rights to vote.
Significance:
 Increased the number of voters by 2 million
 1/7 persons have the right to vote.
Parliament Act of 1911
It has significant importance in making English parliament truly representative of the
people by the reduction of the powers of House of Lords.
Causes and circumstances:
1. Opposition of reforms by House of Lords:

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 The aristocratic clans always opposed all such reforms which aimed at reducing
this right.
 They also dominated the elections of house of commons.
 Bitterly opposed all reforms.
2. Liberal were against the house of Lords:
 Reforms of Whig ministers were voted down and always created hurdles in their
way.
3. Opposition of secret ballot act 1872:
House of Lords gave secret ballot act 1872 a stiff opposition.
4. Conflict between the two houses:
Rejection of bills by house of Lords caused irritation in the lower house which caused
conflict between them.
5. Class conflict between the middle class and lords
6. The budget of 1909:
 In 1908 Lord Asquith became prime minister and Llyod George became finance
Minister
 In this budget , proposal was made to increase the income tax and land thus it was
rejected by house of Lords.
7. Big constitutional crisis
Passage of Parliament act 1911
the king promised the government that if the lords rejected that bill he would appoint
500 new members to the house of Lords. This croded the morale of the Lords and
they walked out.
Provisions of the Act:
 Speaker of lower house will decide whether a bill is money or not
 House of lords cannot retain a money bill passed by house of commons for more
than one month.
 If a bill is passed thrice in same form from house of commons it will take the
form of act.
 Tenure of House of commons would be 5 years instead of 7 years.
 Members to be paid 400 pounds per annum.
Importance:
1. Reduction in the powers of house of Lords.
Money bill became an absolute right of house of commons.
2. Increment in the respect of lords:
Constructive criticism started.
3. Passage of Irish home rule bill.
The Franchise Act 1918
The women were consistently demanding right to vote.
Their contribution in world war I was also substantial.
Due to which the act was passed to give representation to women.
Provisions:
 All men above 21 were given right to vote.
 All women above 30 can vote.
 Seats in parliament raised to 670-707
Reform act of 1928
 Passed during premiership of “Baldwin”
 Right to vote was given to all men and women above 21.

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 Age disparity was removed
 Women began to work in the council of minister
Significance:
After this act, the parliament of England became fully democratic in every way
possible

The Charist Movement

 During Edwardism Era-Queen Victoria (Victorian era) Artisans, peasants and
laborers started Chartist to improve the socio-econimic conditions by securing
political rights
 It was started in 1837 and end in 1848
 The leaders of Charist movement were Lovett and O’connor.
Causes:
 Emergence of Industrial revolution (caused unemployment of manual labourer)
 Poor socio-economic status (prevalent class divisions)
 No representation in the parliament (completely disillusioned by first reform act
1832)
 Passage of the corn laws (corn laws resulted in rise of prices of all commodities)
Demands:
Charter of demands names as “Peoples Charter”.
There were 6 demands:
1. Proportional representation (on the basis of population)
2. Universal franchise for all (above 21 years)
3. Secrete ballot system
4. Parliament should be elected every year
5. Waving off the condition of property for membership of parliament.
6. Member parliament should be given salary
End of Chartist Movement:
 Chartists did peaceful protests their petition of demands were presented to the
parliament. Riots and strikes began to spread at many places. The government
dealt them with iron hand and suppressed them.
 In 1848, the movement was again revived. Petition was signed by thousands of
people. Army stopped them and the leaders were arrested.
Causes of failure of movement:
 Unreasonable means to achieve its aims (people did not like riots and strikes)
 Decrease in unemployment (opening of new factories and industries decreased
unemployment)
 Repeal of the corn laws (corn laws were withdrawn by government in 1846 and
food grains became cheaper)
 Lack of ideal leadership (leadership was divided and no united steps can be taken)
 Lack of political strength (labourer and middle class were against big landlords
and capitals)
Significance:
 Secrete ballot act 1872 was passed
 Condition of property was waived in 1885
 Proportional representation 1885
 Salary for parliamentarians 1911

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 Universal franchise 1918
All demands except one of Chartists were accepted by the parliament.

Silent features of UK constitution

Some silent features of UK constitution are given below:
1. Unwritten:
The British Constitution is unwritten in nature but it does not imply that all of its parts
are unwritten. It means that it has not been reduced to writing in a single document.
Some of the components are found in written from. Such as the Reform Act 1832 and
the Parliament Act of 1911 etc.
2. Parliamentary form of government
The Prime Minister and government are directly accountable to Parliament, through
its control of public finances, and to the public, through the election of members of
parliament. The Monarch also appoints the Prime Minister, who then forms a
government from members of the Houses of Parliament.
3. Unitary form of government:
British have unitary constitution. All powers of the state are concentrated in the hands
of a single government for the whole country. There are no units or states in British.
4. Flexible Constitution:
British Constitution is a flexible Constitution and parliament can amend it like
alterations in the statutory laws by a simple majority.
5. Parliamentary sovereignty:
In U.K, Parliament has complete Supremacy or sovereignty. No law enacted by the
parliament can be challenged in the court on the plea that is against the constitution.
According To De Loeme:"British Parliament can do everything except to make a man
into a woman".
6. Rule of Law:
U.K Constitution provides rule of law. The principle of rule of law may be defined as
that none of the person in above or below the law. All the persons are equal in the
eyes of law. F any person violates the law, he should face the trial of the case in the
Government and no person is given imprisonment until his offence is proved in the
court.
7. Evolutionary in nature / child of accident and design:
British Constitution is a result of an evolutionary growth. Constitution efforts as well
as needs of time shaped its spontaneous growth.
8. Bicameral legislature:
The Parliament consists of two chambers House of Lords and House of Commons.
The House of commons is a popular chamber whose member directly elected by the
people while the House of Lords is basically a hereditary chamber and its member are
nominated by the Queen.
9. Blend of Aristocracy, monarchy and democracy:
The British Constitution is a mixture of the monarchical, aristocratic and democratic
principal.
10. Gap between Theory and Practice:
There is sharp contrast between theory and practice in U.K. As ogg points out that
"theoretically, British Government is absolute monarchy, its government from
signifies constitution monarchy while in practice, the Government structure is closer
to republican from.

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11. Independence of Judiciary:
Necessary safeguards have been provided against all sorts of interference in judicial
process. Judges are paid liberal salaries and ensured security of service.

Sources of UK constitution
The United Kingdom (UK) does not have a single, written constitution like some
other countries such as the United States. Instead, the UK's constitution is "unwritten"
and is composed of various sources, including statutes, common law, conventions,
and authoritative texts. These sources together form the constitutional framework of
the UK. Here are the main sources of the UK constitution:
1) Charters, Statutes and act of Parliaments:
Laws passed by the UK Parliament, including acts such as the Magna Carta, the Bill
of Rights 1689, the Human Rights Act 1998, and the Scotland Act 1998. These
statutes outline fundamental principles and establish the structure of government.
2) Conventions:
Unwritten practices and customs that are followed because of tradition and precedent.
Conventions play a significant role in shaping the functioning of the UK's political
institutions. Examples include the convention of ministerial responsibility and the
Prime Minister's duty to resign if they lose the confidence of the House of Commons.
3) Common Law:
Legal principles developed by judges through their rulings in court cases over
centuries. This includes principles such as the rule of law, the independence of the
judiciary, and the sovereignty of Parliament.
4) Works jurists:
Authoritative texts written by constitutional experts, scholars, and political figures.
While not legally binding, these texts, such as A.V. Dicey's "Introduction to the Study
of the Law of the Constitution," provide insights into the understanding and
interpretation of constitutional principles.

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