INTRODUCTORY

BRITISH DEMOCRATIC CONSTITUTION

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.1 It is a continuity a dominant characteristic in growth of English government. English
people interpreted principles in different situations but never repudiated own tradition
neither legally nor practically.2

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.3

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

S. L. KAELEY revised by Pro. K. K. BHARDWAJ, WORLD CONSTITUTIONS, fourteenth edition, SUDHA

PUBLICATIONS(P) LTD, 1993.
2
SIR DAVID LINDSAY KEIR, THE CONSTITUTIONAL HISTORY OF MODERN BRITAIN SINCE 1485, ninth
edition, ENGLISH LANGUAGE BOOK SOCIETY AND ADAM AND CHARLES BLACK: LONDON, 1975.
3
ANUP CHAN KAPUR AND K. K. MISRA, SELECT CONSTITUTIONS, SIXTEENTH REVISED EDITION, PRINTED IN
INDIA S. CHAND AND COMPANY LTD. 7361, Sixteenth Edition 2006.

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.1

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.2

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

ANUP CHAN KAPUR AND K. K. MISRA, SELECT CONSTITUTIONS, SIXTEENTH REVISED EDITION, PRINTED IN
INDIA S. CHAND AND COMPANY LTD. 7361, Sixteenth Edition 2006.
2
J. H. BAKER, 2nd edition, AN INTRODUCTION TO ENGLISH LEGAL HISTORY, LONDON BUTTERWORTH &
CO. PUBLISHERS LTD 1979.

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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.1

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. 2The 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.

ANUP CHAN KAPUR AND K. K. MISRA, SELECT CONSTITUTIONS, SIXTEENTH REVISED EDITION, PRINTED IN
INDIA S. CHAND AND COMPANY LTD. 7361, Sixteenth Edition 2006.
2
S. L. KAELEY revised by Pro. K. K. BHARDWAJ, WORLD CONSTITUTIONS, fourteenth edition, SUDHA
PUBLICATIONS(P) LTD, 1993.

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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.1

HENRY II: William's grandson "Henry II" introduced the system of justices and
developed law equal to all nation.2

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".3
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." 1

ANUP CHAN KAPUR AND K. K. MISRA, SELECT CONSTITUTIONS, SIXTEENTH REVISED EDITION, PRINTED IN
INDIA S. CHAND AND COMPANY LTD. 7361, Sixteenth Edition 2006.
2
S. L. KAELEY revised by Pro. K. K. BHARDWAJ, WORLD CONSTITUTIONS, fourteenth edition, SUDHA
PUBLICATIONS(P) LTD, 1993.
3
STANLEY ROTHMAN, HOWARD SCARROW AND MARTIN SCHAIN, EUROPEAN SOCIETY AND POLITICS:
BRITAIN, FRANCE AND GERMANY, WEST PUBLISHING CO., 1976.

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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
could 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.2

TUDOR REGIME: It was the time of establishment of modern English government and
constant constitutional growth.3

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.4

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.5

Edited by LUCIAN W. PYE AND SIDNEY VERBA , POLITICAL CULTURE AND POLITICAL DEVELOPMENT,
PRINCETON, NEW JERSEY PRINCETON UNIVERSITY PRESS, 1965.
2
S. L. KAELEY revised by Pro. K. K. BHARDWAJ, WORLD CONSTITUTIONS, fourteenth edition, SUDHA
PUBLICATIONS(P) LTD, 1993.
3
SIR DAVID LINDSAY KEIR, THE CONSTITUTIONAL HISTORY OF MODERN BRITAIN SINCE 1485, ninth
edition, ENGLISH LANGUAGE BOOK SOCIETY AND ADAM AND CHARLES BLACK: LONDON, 1975.
4
http://www-student.unl.edu/cis/hist100w05/online_course/unit3/lsn11-tp04.html
5
edited by LUCIAN W. PYE AND SIDNEY VERBA , POLITICAL CULTURE AND POLITICAL DEVELOPMENT,
PRINCETON, NEW JERSEY PRINCETON UNIVERSITY PRESS, 1965.

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THE GROWTH OF PARLIAMENT

1st parliament of nobles joined together in 1264.1It 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.2

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.3 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
1

http://wiki.answers.com/Q/How_did_Great_Britain_become_a_consittutional_monarchy
S. L. KAELEY revised by Pro. K. K. BHARDWAJ, WORLD CONSTITUTIONS, fourteenth edition, SUDHA
PUBLICATIONS(P) LTD, 1993.
3
ANUP CHAN KAPUR AND K. K. MISRA, SELECT CONSTITUTIONS, SIXTEENTH REVISED EDITION, PRINTED IN
INDIA S. CHAND AND COMPANY LTD. 7361, Sixteenth Edition 2006.

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made House of Commons an actual forum of popular desire. Parliament Act of 1911 also
granted whole control and overruling powers in regular legislation.1

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: 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.2

*************

S. L. KAELEY revised by Pro. K. K. BHARDWAJ, WORLD CONSTITUTIONS, fourteenth edition, SUDHA

PUBLICATIONS(P) LTD, 1993.
2
GABRIEL A. ALMOND, G. BINGHAM POWELL, JR. , KAARE STROM AND RUSSELL J. DALTON,
COMPARATIVE POLITICS TODAY, eighth edition.

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BIBLIOGRAPHY:
1. ANUP CHAN KAPUR AND K. K. MISRA, SELECT CONSTITUTIONS, PRINTED IN INDIA S. CHAND
AND COMPANY LTD. 7361.

2. FRANK REEVES, BRITISH RACIAL DISCOURSE, CAMBRIDGE UNIVERSITY PRESS.

3. GABRIEL A. ALMOND , G. BINGHAM POWELL, JR. , KAARE STROM AND RUSSELL J. DALTON,
COMPARATIVE POLITICS TODAY.

4. J. H. BAKER, AN INTRODUCTION TO ENGLISH LEGAL HISTORY, LONDON BUTTERWORTH

& CO. PUBLISHERS LTD 1979.

5. LUCIAN W. PYE AND SIDNEY VERBA, POLITICAL CULTURE AND POLITICAL

DEVELOPMENT,PRINCETON, NEW JERSEY PRINCETON UNIVERSITY PRESS, 1965.

6. RICHARD TAMES, PEOPLE AND POLITICS, CHARLES KNIGHT & COMPANY LIMITED LONDON &
TONBRIDGE.

7. ROBERT LEACH, POLITICAL IDEOLOGY IN BRITAIN, PALGRAVE MACMILLAN.

8. SIR DAVID LINDSAY KEIR, THE CONSTITUTIONAL HISTORY OF MODERN BRITAIN SINCE
1485, ENGLISH LANGUAGE BOOK SOCIETY AND ADAM AND CHARLES BLACK: LONDON, 1975.

9. S. L. KAELEY REVISED BY PRO. K. K. BHARDWAJJ, WORLD CONSTITUTIONS, SUDHA

PUBLICATIONS(P) LTD, 1993.

10. STANLEY ROTHMAN, HOWARD SCARROW AND MARTIN SCHAIN, EUROPEAN SOCIETY AND
POLITICS: BRITAIN, FRANCE AND GERMANY, WEST PUBLISHING CO., 1976.

11. HTTP://WIKI.ANSWERS. COM/Q/HOW_DID_GREAT_BRITAIN_BECOME_A_ CONSITTUTIONAL _ MO

NARCHY .

12. HTTP://WWW-STUDENT.UNL.EDU/CIS/HIST100W05/ONLINE_ COURSE/UNIT3/ LSN 11TP 04.HTML.

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