Constitutional law with reference to British institution and the English constitution is one long system of check and balance

Introduction:

Constitutional law is actually the supreme law of the land which governs all laws and gives right to all individuals and gives validity to all bodies in the state. In short constructional law is a law from which all individuals derive their rights and all the law derive their validity and all authorities derive their function.

Meaning of constitutional law:

Constitutional law is the capital or vital law of the state which decide the basic principles of administration and decide the boundaries of the authorities and duties of different organizations of the state.

 

Definition:

Constitution law is defined by many jurists, some important are as given below.

General definition:

It is that part of English law which relates to Government. Constitutional law is a fundamental or basic law to which all other laws confirms. In short constitutional law is a procedural law and that supreme law of the land deals with all aspects of the state.

According to Hood Phillips:

“Constitutional law is concerned with the organization and functions of Government.”

According to Holland:

 “Constitutional law describes the various organs of the sovereign power as at rest.”

 

Supreme law of the state:

Constitutional law is the supreme law of the law. It is basically a procedural law which deals with all law, all individuals and administrative bodies of the state that it has a wider scope.

 

Constitutional law with reference to British Institution:

As we have discussed above that the constitutional law is the supreme law of the land and is Great Britain Crown is considered as an institution. Crown is considered as a legal body. and king/Queen are just temporary human reside.

 

Crown and constitutional law:

As the time passes away the rigid concept of King/ Queen’s absolute powers is changed now the ultimate power’s a connected with parliament and King/Queen are deprived from his /her power’s. From here the term crown was created.

 

Un codified constitution of Britain:

Britain has un  codified constitution. In which King/Queen is considered the head of the state. In theory, British King/Queen possesses great constitutional powers. But in reality it is just a theory and the role of King/Queen

 

Check and Balances:

The doctrine of check and balance is actually a theory that each of the departments should share in the powers of the others or exercise a certain control over their act.

The theory of separation of powers created the principal of check and balance between different departments which means their should be a balance of authorities between these departments so that no one can interfere in the affairs of another and a strong system of check should be available, so that no department should misuse their power’s and authorities.

 

Three branches of constitutional government:

According to doctrine of separation of power’s a constitutional government consists of three separate branches and these branches are:

 

  1. Legislature
  2. Executive
  3. Judiciary

Each of these branches has defined power’s to check the powers of other branches. In fact these branches are to check one another from abusing power. Such checking of abuse of powers is doctrine of check and balance.

 

System of Check and Balance:

The system of check and balance has a great association with separation of powers. According to doctrine of check and balances, each branch of government provides check and balance over other branches by keeping itself within its constitutional limits.

 

Conclusion:

To conclude it can be stated that constitutional law is the supreme law of the land and in Great Britain crown is considered as an institution. The power’s of King/Queen is limited and there is a powerful system of check and balance to maintain the equality system of check and balance to maintain the equality between departments.

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