A Brief Description of The Characteristics, Sources, and Principles of The British Constitution

It was the common law of Anglo-Saxon England that had the strongest influence upon the concept of the rule of law, when even the Norman conquest could not stop its ongoing development.

The fundamental basis of the rule of law is the notion that all members of any society are not above the law of the land, whether they are monarchs, politicians, the nobility, or indeed ordinary people. The rule of law itself is a concept that contends that everybody lives under the same jurisdiction, of the law of their particular land from its rulers and its lawmakers downwards.

At first appearance the concept of the rule of law seems to be a straightforward one, yet there are disagreements about the exact nature of the ideals at the core of the concept itself. The critique below will thus discuss the extent to which today’s British state reflects the core ideals of the rule of law.

England was the country, as already mentioned, in which the concept of the rule of law was developed. The concept being influenced by the common law, Magna Carta, and the Bill of Rights of 1688 establishing the notion that the state should uphold the rule of law to protect its citizens, instead of ignoring the law and subjecting the people to their autocratic will.

Magna Carta was supposed to firmly establish the principle and concept of the rule of law and curtail the power of the state. In reality the monarchy, despite often-repeated claims of accepting the concept of the rule of law, still held considerable power until the 18th century, when the Prime Minister started to make widespread use of the royal prerogative instead.

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The British state regarded the concept of the rule of law as being a reflection of the strength of liberalism both as an ideology and principle as espoused by John Locke and others. Liberalism as a ideological principle within the British Constitution reflected the increasing influence of capitalism, as well as being a result of the legal and political supremacy of Parliament. The House of Commons passed legislation, whilst the House of Lords contained the highest court in the land, all in the name of the monarch whilst representing the people.

The unwritten constitution meant and continues to mean that whether or not the state keeping to the rule of law in Britain was less clear than in other countries. The lack of a written constitution was considered to be a legal not to mention a constitutional virtue instead of a problem as some legal experts have argued. It was assumed that because the British state has claimed to have adopted the concept of the rule of law for its constitutional, as well as its legal systems that the British government and all its departments in reality accepted and adhered to the notion in full. There are times though when governments have acted in ways that suggested they believed that they were above the rule of law. Generally if government ministers or senior civil servants act in ways that appear to be contrary to the rule of law they will lose their jobs, protecting the government from the legal or political consequences of their actions.