Comparison Of The Indian Constitution With Other Nations

British Constitution

Evolved from the past, which contains a small state and it is still evolving.
It is considered as unwritten because there is an absence of a constituent assembly, which does not mean it does not have a constitution. It has evolved judicial precedents, convention, statutes, etc.
British Constitution means the Constitution of the UK. It means the Constitution of England, Wales, Scotland, and Northern Ireland, which is equal to the United Kingdom. Whereas England and Wales together mean Britain. England, Wales, and Scotland mean Great Britain.

Sources of the British Constitution

It is derived from these sources

Convention

It is based upon the tradition of English society. For example,

It provides for collective responsibility of the cabinet to the Parliament.
The king and queen must exercise their opinion on the advice of the cabinet.
Appointment as (by king) leader of the majority from the Commons
The king must give assent to all the bills passed by Parliament.
Must dissolve the lower house on the advice of the prime minister.

Charters

They act as a guide, as they provide sources to the Constitution, for example:

Magna Carta (1215)
Bill of Rights (1629)
Petition of Rights (1628)
Act of Union and Scotland (1607)

Also, statutes and laws are passed by Parliament, that is, the Indian Independence Act, 1947, the Representation of the People Act, 1918, and the Parliament Act, 1911. This law, further, can only improve the Constitution.

Judicial decision

As famously said, the British Constitution is a judge-made constitution. The enactments are works by R. Blackstone (Commentary on the English Constitution), Dicey (Work of Law), etc.

Common laws and customary laws, which are evolved from custom and traditions backed by the Constitution, form the past of it.

Salient features

Partially written and unwritten
- Whenever statutes are made, they improve the Constitution, not isolate the Constitution. It means the laws are there, but the absence of a constituent assembly is also there.
It is evolutionary in nature.
- Not in existence because of some revolution. It is like an organism growing from period to period.
Different in theory, different in reality.
- If the Crown signs, the bill becomes an Act. However, the reality is that the Crown acts on the advice of the cabinet.
- In theory, it means absolute monarchy. In reality, it is constitutional monarchy, and in practicality, it is a test of true democracy.
Parliamentary sovereignty with parliamentary form of government
- It is argued that British Parliament can do anything except changing men to women and women to men. This is said by De Lolme.
Unlike the U.S., in Britain, the king only listens to the advice, with less conflict because of parliamentary government.
Unitary constitution
- Unlike India or the USA, where power is shared, Britain is not federal. It has a unitary, unified constitution with London at its head.
- Although local government exists, they derive power from the union.
Flexible Constitution
- Can be amended just as any other law with a simple majority, and even make a new constitution or adopt a new one altogether.
Law of Rule and bicameral legislature is identical.
- Does not define a provision for the protection of its citizens, but rights are derived from the rule of law.
Blend of monarch, aristocracy, and democracy
- Anarchy through the House of Lords, monarchy through the monarch, and democracy through the House of Commons.
In Britain, the speaker resigns from the political party once he is elected because of neutrality and once he steps in. Now the speaker does not rejoin the former party and sits as a crossbench independent non-party peer.
Separation of power, although imagined, but however extremely diluted
- The British Supreme Court has started functioning independently since 2011, in the oldest democracy. Before that, the House of Lords and the House of Justice used to take control. The cabinet is very powerful, as it controls the agenda in Parliament and even influences the judiciary.

British Constitution

Evolved from the past, which contains a small state and it is still evolving.

It is considered as unwritten because there is an absence of a constituent assembly, which does not mean it does not have a constitution. It has evolved judicial precedents, convention, statutes, etc.

British Constitution means the Constitution of the UK. It means the Constitution of England, Wales, Scotland, and Northern Ireland, which is equal to the United Kingdom. Whereas England and Wales together mean Britain. England, Wales, and Scotland mean Great Britain.

Sources of the British Constitution

It is derived from these sources

Convention

It is based upon the tradition of English society. For example,

It provides for collective responsibility of the cabinet to the Parliament.

The king and queen must exercise their opinion on the advice of the cabinet.

Appointment as (by king) leader of the majority from the Commons

The king must give assent to all the bills passed by Parliament.

Must dissolve the lower house on the advice of the prime minister.

Charters

They act as a guide, as they provide sources to the Constitution, for example:

Magna Carta (1215)

Bill of Rights (1629)

Petition of Rights (1628)

Act of Union and Scotland (1607)

Judicial decision

As famously said, the British Constitution is a judge-made constitution. The enactments are works by R. Blackstone (Commentary on the English Constitution), Dicey (Work of Law), etc.

Common laws and customary laws, which are evolved from custom and traditions backed by the Constitution, form the past of it.

Salient features

Partially written and unwritten

Whenever statutes are made, they improve the Constitution, not isolate the Constitution. It means the laws are there, but the absence of a constituent assembly is also there.

It is evolutionary in nature.

Not in existence because of some revolution. It is like an organism growing from period to period.

Different in theory, different in reality.

If the Crown signs, the bill becomes an Act. However, the reality is that the Crown acts on the advice of the cabinet.
In theory, it means absolute monarchy. In reality, it is constitutional monarchy, and in practicality, it is a test of true democracy.

Parliamentary sovereignty with parliamentary form of government

It is argued that British Parliament can do anything except changing men to women and women to men. This is said by De Lolme.

Unlike the U.S., in Britain, the king only listens to the advice, with less conflict because of parliamentary government.

Unitary constitution

Unlike India or the USA, where power is shared, Britain is not federal. It has a unitary, unified constitution with London at its head.
Although local government exists, they derive power from the union.

Flexible Constitution

Can be amended just as any other law with a simple majority, and even make a new constitution or adopt a new one altogether.

Law of Rule and bicameral legislature is identical.

Does not define a provision for the protection of its citizens, but rights are derived from the rule of law.

Blend of monarch, aristocracy, and democracy

Anarchy through the House of Lords, monarchy through the monarch, and democracy through the House of Commons.

In Britain, the speaker resigns from the political party once he is elected because of neutrality and once he steps in. Now the speaker does not rejoin the former party and sits as a crossbench independent non-party peer.

Separation of power, although imagined, but however extremely diluted

The British Supreme Court has started functioning independently since 2011, in the oldest democracy. Before that, the House of Lords and the House of Justice used to take control. The cabinet is very powerful, as it controls the agenda in Parliament and even influences the judiciary.