Constitution and Legal System of UK and US

1. Characteristic of the US Constitution

The US Constitution, enacted in 1789, is a written document that serves as the supreme law of
the United States. A key characteristic is its rigidity with flexibility through amendments.
• It is rigid because amending it requires a complex process: a two-thirds majority in both
the House of Representatives and the Senate, followed by ratification by Then, three-
fourths of the states (38 out of 50) have to sign off on it. This makes sure random
changes don’t mess with the core rules, keeping things steady.
• It is flexible because amendments allow it to adapt to changing times, though only 27
amendments have been made since its adoption.
• This balance ensures stability while allowing updates, making it a living document that
guides governance while protecting fundamental rights like freedom of speech and
religion.
2. Judicial System of the UK
The UK’s judicial system is independent and based on common law, with courts ensuring justice
and upholding the rule of law.
Structure: The judiciary comprises several tiers, with the Supreme Court as the highest
appellate court for both civil and criminal cases across the UK, established in 2009 to replace
the House of Lords. Below it, the Court of Appeal handles appeals from lower courts, divided
into Criminal and Civil Divisions. The High Court of Justice, with its three divisions (King’s Bench,
Chancery, and Family), addresses complex civil cases and certain criminal appeals. County
Courts and Magistrates’ Courts serve as lower courts for civil and criminal matters, respectively,
while specialized tribunals handle specific disputes like employment or immigration.
Judicial System for Criminal Cases
1.Magistrates’ Courts (or Justices of the Peace):
These are the entry point for over 90% of criminal cases, handling minor offences like traffic
violations, petty theft, or public disorder. Presided over by lay magistrates or district judges,
they resolve less serious cases and commit severe ones, such as murder or robbery, to the
Crown Court.
2.Crown Court:
This court deals with serious criminal cases, including murder, rape, and robbery, heard before a
judge and jury. It also processes appeals from Magistrates’ Courts and is organized into three
tiers based on case severity: first-tier (most serious), second-tier, and third-tier centres.
3.High Court (King’s Bench Division – Criminal Matters):
The King’s Bench Division handles judicial reviews, appeals on points of law from lower courts,
and habeas corpus cases (unlawful detention). It also sits as a Divisional Court for specific
criminal appeals.
4.Court of Appeal (Criminal Division):
Led by the Lord Chief Justice, this court reviews convictions and sentences from the Crown
Court, setting important legal precedents to ensure consistency in judicial rulings.
Judicial System for Civil Cases
1.County Courts:
These courts manage most civil disputes, such as contract breaches, personal injury claims, and
landlord-tenant issues. Cases are heard by a judge without a jury, with jurisdiction limited by
the dispute’s value and type.
2.High Court of Justice:
The High Court addresses complex or high-value civil cases across three divisions:
King’s Bench Division: Handles contract disputes, torts (e.g., negligence, defamation), and
judicial reviews, with supervisory authority over lower courts.
Chancery Division: Focuses on equity matters, including trusts, probate, property disputes,
company law, and insolvency.
Family Division: Deals with sensitive issues like divorce, child custody, and wills, often in private
hearings to protect privacy..
Common Law and Precedents
The UK’s legal system heavily relies on common law, where judges’ decisions in past cases set
binding precedents for future rulings. This ensures consistency while allowing flexibility to adapt
to new societal needs. Statutes passed by Parliament complement common law, providing a
framework for areas like criminal law or commercial disputes.
Devolution and Regional Variations
Scotland and Northern Ireland have distinct legal systems for certain matters, like Scots law for
civil cases in Scotland. Northern Ireland also has a separate legal framework for specific issues,
though it aligns closely with English law. These variations ensure regional legal traditions are
respected while maintaining UK-wide judicial coherence for major appeals via the Supreme
Court.
Role: Courts interpret laws, resolve disputes, and protect rights. The Supreme Court,
established in 2009, replaced the House of Lords as the final appellate court.
Independence: Judges are appointed by the Judicial Appointments Commission, ensuring
impartiality. They are free from political influence to maintain fairness.
Conclusion
The UK judicial system is a robust, independent framework that balances criminal and civil
justice through a clear hierarchy of courts. From Magistrates’ Courts to the Supreme Court, it
ensures fair trials, protects rights, and adapts to societal changes through common law and
statutory evolution. Devolved systems in Scotland and Northern Ireland add flexibility, while the
judiciary’s impartiality, upheld by the Judicial Appointments Commission, reinforces its role as a
pillar of justice
3. Legislative Process in the UK Parliament
The UK Parliament, consisting of the House of Commons and House of Lords, follows a
structured process to make laws.
How a Bill Becomes a Law in the UK Parliament
(The Legislative Process)
Any proposal for a new law or a change in existing law is called a bill. After a
bill passes all stages and receives Royal Assent, it becomes an Act of Parliament
(a law).
A bill goes through several stages in both Houses of Parliament (Commons and
Lords). Here's the full process:
1.Bill Introduction
A proposed law (bill) is introduced in either the House of Commons or House of Lords. Most
bills start in the Commons.
Bills can be introduced by the government (most common), individual MPs or Lords (private
members’ bills), or occasionally through other mechanisms like private bills (specific to a
particular organization or locality).
Types of Bills:
1. Public Bills : This is the most common type of bills. These affect the whole country. As they
deal with issues of national interest. It can be introduced by the government or individual MPs.
Example: Education Reform Bill, Health Act, and Social Care Act 2012. etc.
2. Government Bills: Introduced by a government minister (usually from the ruling party).
These bills usually have more support and are more likely to become law. It is form part of the
government’s official agenda (mentioned in the King’s Speech).
Example: Budget bills, immigration laws, etc.
3. Private Member's Bills: Introduced by individual Members of Parliament (MPs) who are
not ministers.They often deal with specific moral or social issues. It is harder to pass because
they don’t usually have government backing.
Example: Bills on animal rights, smoking bans, etc.
4. Money Bills: Deal only with national taxation, spending, and public money.
It can only be introduced in the House of Commons, but it must receive Royal Assent within one
month, even if the Lords disagree. Lords can debate but cannot reject or amend a Money Bill.
Example: Finance Bill (annual budget), Tax bills,
5. Private Bills: Concern specific entities, like a company or local authority, seeking special
permissions (e.g., granting a railway company powers to build infrastructure).
6.Hybrid Bills: Combine elements of public and private bills, affecting both the public and
specific groups, such as the High Speed Rail (London - West Midlands) Act 2017 for the HS2
project.
7.Consolidation Bills: Simplify existing laws by bringing them together without changing
substance (e.g., the Sentencing Act 2020).
8.Statutory Instruments: Secondary legislation, often technical or administrative, made
under powers granted by an Act. These undergo a streamlined process with less scrutiny.
Bills are published as drafts, often accompanied by explanatory notes, impact assessments, or
consultations to outline their purpose and expected effects.
2.First Reading
This is a formal stage where the bill’s title is read aloud in the chamber, and it is officially
presented. No debate or vote occurs.
The bill is printed and distributed to MPs or Lords, allowing them to prepare for subsequent
stages. This stage ensures transparency by making the bill’s text publicly available.
For example, a government bill like the Environment Act 2021 would be introduced with its title
and objectives outlined, setting the stage for scrutiny.
Second Reading
This stage involves the first major debate on the bill’s core principles and objectives, not its
detailed wording. In the Commons, MPs debate for several hours, while in the Lords, debates
may be less time-constrained due to fewer members. If approved, it moves forward.
A vote is taken to approve the bill’s progression. Rejection at this stage is rare for government
bills due to party discipline but can occur for controversial private members’ bills.
For instance, during the Brexit Withdrawal Agreement Bill 2019, the Second Reading debates
focused on whether the UK should leave the EU under the proposed terms.
4.Committee Stage
A smaller group (Public Bill Committee in the Commons (a group of 16–50 MPs chosen to reflect
party balance) or by the whole House in the Lords) examines the bill in detail, suggesting
amendments.
For example, during the Data Protection Act 2018, the Committee Stage refined rules on GDPR
compliance to balance privacy and business needs.
5.Report Stage
The amended bill made in the Committee Stage is reviewed by the full House(Commons or
Lords) , and further changes can be made.
In the Commons, this stage involves all MPs, making it a critical point for broader scrutiny. In the
Lords, peers’ expertise (e.g., former judges, scientists) often leads to technical or legal
refinements.
For the Domestic Abuse Act 2021, the Report Stage saw amendments to strengthen protections
for victims, such as recognizing coercive control.
6.Third Reading
A final debate occurs, focusing on the bill’s final version. No major changeswith only minor,
technical amendments allowed in the Commons (none in the Lords) are usually made at this
stage.
Rejection at this stage is rare, as most issues are resolved earlier. The Third Reading often serves
as a final endorsement of the bill’s principles and wording.
For example, the Police, Crime, Sentencing and Courts Act 2022 passed its Third Reading after
debates refined its controversial public order provisions.
7.Consideration in the Other House
The bill goes to the other House (e.g., from Commons to Lords) and repeats similar stages (First
Reading to Third Reading). The Lords often act as a revising chamber, using their expertise to
propose improvements.
For instance, during the European Union (Future Relationship) Act 2020, the Lords suggested
amendments to soften trade impacts, though many were later rejected by the Commons.
8.Ping-Pong (Consideration of Amendments)
If the two Houses disagree on amendments, the bill is sent back and forth until an
agreement/compromise is reached. The Commons typically has the final say, as it is the elected
chamber, under the Parliament Acts 1911 and 1949.
For example, the Hunting Act 2004 saw intense ping-pong over amendments, with the
Commons ultimately overriding Lords’ objections to ban fox hunting.
This stage ensures both Houses align, balancing democratic legitimacy (Commons) with expert
scrutiny (Lords).
9.Royal Assent
The monarch formally signs the bill, making it an Act of Parliament. This is a constitutional
formality, as the monarch has not refused assent since 1708.
The Act may take effect immediately, on a specified date, or through later statutory instruments
to allow preparation (e.g., the Equality Act 2010 had phased implementation).
Conclusion
Royal Assent transforms the bill into law, binding unless repealed or amended by future
legislation.
The king gives Royal Assent — this is a formality today.
After Royal Assent, the bill becomes law (an Act of Parliament).
Additional Context and Features
Scrutiny and Balance: The process balances democratic input (Commons) with expert review
(Lords). The Lords cannot block money bills and can only delay others for about a year under the
Parliament Acts, ensuring the elected Commons prevails.
Timeframe: The process varies in length. Government bills often take months, while urgent bills
(e.g., Coronavirus Act 2020) can pass in days using expedited procedures.
Public Involvement: Bills often involve public consultations, select committee inquiries, or
stakeholder input before introduction or during the Committee Stage, ensuring broader
perspectives.
Devolution: Some bills affect only England or specific UK nations due to devolved powers (e.g.,
the Wales Act 2017 focused on Welsh governance).
Delegated Legislation: Many Acts empower ministers to issue statutory instruments for technical
details, which receive less parliamentary scrutiny but can be challenged.
4. The King/Queen of the UK
The King or Queen of the UK is the head of state, a ceremonial and symbolic figure in the
constitutional monarchy.
Role: The monarch’s duties are largely formal and symbolic, including opening Parliament,
giving Royal Assent to laws, and appointing the Prime Minister (usually the leader of the
majority party in the House of Commons).
Constitutional Monarchy: The UK’s unwritten constitution limits the monarch’s powers.
They act on the advice of the government and cannot make or veto laws independently.
Current Monarch (as of May 2025): King Charles III, who ascended the throne in
September 2022 after Queen Elizabeth II’s death.
"The King is Dead, Long Live the King"
This phrase means that the monarchy never ends — as soon as one monarch dies,
the next automatically becomes king or queen. This ensures continuity of the
Crown without any gap in leadership. The monarch symbolizes continuity and national unity, but
debates exist about the monarchy’s relevance in modern times, with some calling for a republic.
Act of Settlement 1701: This law was passed to ensure a Protestant succession to the
British throne. It
states that:
Only Protestants can become monarchs.
The monarch must be in communion with the Church of England.
It also helped ensure the monarch's limited role in politics and protected
parliamentary democracy
Sovereign Immunity
"The King Can Do No Wrong"
This phrase means the monarch is not legally responsible for actions taken in his
name . legally, the government ministers are accountable, not the king himself.
It reflects the principle of Sovereign Immunity.
Ceremonial Duties: The monarch hosts state visits, awards honors, and represents the UK at
home and abroad. They also lead national ceremonies, like Remembrance Day.
Neutrality: The monarch must remain politically neutral, avoiding involvement in political
decisions or public opinions on controversial issues.
Historical Context: The monarchy’s powers were reduced over centuries, notably after the
Glorious Revolution (1688) and the Bill of Rights 1689, which established parliamentary
supremacy.
Privacy Council: The monarch chairs the Privy Council, a group of advisors (mostly senior
politicians), but decisions are made by ministers.
The monarch’s role balances tradition with modern governance, ensuring stability while
Parliament holds real power.