Page 113 - DPOL202_COMPARATIVE_POLITICS_AND_GOVERNMENT_ENGLISH
P. 113
Comparative Politics and Government
Notes The written and unwritten parts of the English constitution may also be described as its internal
and external segments. While the written rules of the constitution contained in the great charters
and statutes are very clear and they constitute the internal segment, the practices or customs
hedging around them to supply flesh and blood to the dry bones of the written skeleton may
be said to constitute the external segment. That is why, Dicey divides the English constitution
into the body of written rules which constitute, what he terms the ‘law of the constitution’, the
other part consists of well established practices what he designates as ‘conventions of the
constitution’. However, the growth of the English constitution signifies the development of its
both segments and that makes the nature of the English constitution “essentially pragmatic.”
Both the written and unwritten parts of the constitution are duly observed, rather the people
attach due importance to the latter, as they “have a distinct dislike for declaring their political
philosophy in terms of law.”
3. Unitary System
A unitary system is one in which there is no division of power between the national or central
government on the one hand and regional or provincial governments on the other. All powers
are assigned to the central government and if some local units are created for the sake of
administrative efficiency or convenience, they are the creation of the central government. The
salient mark of a unitary system is that the units of the state enjoy no autonomy, as they are like
the agents of the central government. As such, the centre may enlarge or reduce their area of
authority, or make other incidental changes in the powers delegated to them.
The British constitution is unitary. The central government locate at London is constitutionally
supreme and the governments of the unit like those of Wales, Scotland and Northern Ireland
located at Cardiff Edinburgh and Belfast respectively derive their authority from the centre
government. The British Parliament is sovereign that can make any law for the country as a
whole or for its’ part, or it may delegate some of it powers to a local parliament like that of
Northern Ireland. Besides, there are units of local government like counties, boroughs, parishes
and the London Metropolitan Council etc. that work according to the laws may by the Parliament
and the directions issued by the central government.
The unitary system of Britain can be traced in the fact that though these areas “do enjoy a
degree of regional independence, but nowhere does this extend to the creation of a federal
relationship.”
The units of British government enjoy a considerable degree of administrative devolution. For
instance, the government of Scotland has control over education, agriculture, fisheries, home
and health, while its M.P.s constitute the Scottish Grand Committee of the House of Commons
that discusses all matters relating to this unit of the United Kingdom. Likewise, the government
of Wales has its control over several matters and the M.P.s belonging to this part constitute a
Grand Welsh Committee that discusses matters relating to this region of the United Kingdom.
The administration of Northern Ireland is much different. There is a separate Parliament having
two Houses (House of Commons and Senate, a Cabinet and a Governor-General and a minister
for Welsh affairs in the British Cabinet. The Channel Islands and the Isle of Man have their
own Parliament and, like Northern Ireland, they are largely self-governing in internal affairs.
Despite all these administrative devolutions, Britain has a unitary system, because all units are
ultimately subject to the legislative supremacy of the central government.
4. A Flexible Constitution
The British constitution is flexible in view of the fact that it can be changed very easily; moreover,
there is no distinction between the higher (constitutional) and lower (ordinary) law as the
Parliament may make any law by the same process of legislation. Any law passed by the
Parliament by its simple majority may amount to a change in the constitution. That is, there is
no special process laid down for passing a bill of constitutional amendment. The unwritten
character of the constitution is responsible for making the English fundamental law as a highly
flexible affair. That is why, we find that the slow and gradual way in which the power passed
from the monarch to the Parliament and from Parliament to the Cabinet, thereon to the Prime
108 LOVELY PROFESSIONAL UNIVERSITY