Elements or sources of the English Constitution

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It comprises the following elements or ingredients, which, taken as a whole, makes, what we call the Constitution of the Great Britain.
Great Charters and other Constitutional Landmarks

 These include such Charters, petitions, Statues and historic documents which embody solemn agreements at the time of great political struggles and crises or changes. These are the Magna Carta (1215) the Petition of Rights (1628), the Settlement Act (1701), the Great Reform Act (1832), the Parliament Acts of 1911 and 1949, etc. These were not passed in normal times, and not even by normal legislative procedure, but as a result of a political struggle. The adoption of each of them proved to be a turning—point in the constitutional history of the country, when some new constitutional principle or institution was established or began to evolve Nearly a thousand years of such struggles and crises have made this Constitution what it is today.
Statutes or Acts of Parliament 


These are the ordinary enactments of Parliament, called Statutes, passed by it in a normal manner, but have constitutional significance or importance. These define the powers of the Crown, guarantee private rights, establish institutions, limit functions and powers of various public bodies, establish law courts, define methods of holding elections, franchise, etc. These would be designated "constitutional" in countries which have written constitutions. These are, for example, the Habeas Corpus Act (1679), the Septennial Act of 1716, the Municipal Corporations Act (1835), the Judicature Acts (1873-6), Representation of the Pecrple Act (1949), etc.


 Elements or sources of the English Constitution


Judicial Decisions

The decisions of the Law Courts are another important source of the English Constitution. These form its important elements, because these interpret and explain the provisions of the various constitutional charters and statutes. Most of the rights enjoyed by the English people are derived from the decisions of the courts, pronounced in cases contested before them. They are, for instance, the decision in Bushel's Case (1670), which defined the independence of juries, the decision in Howell's Case (1678), which established the principle of immunity of the Judges, etc.

Common Law


By Common Law is meant that body of legal rules
which grew up in England, and got recognition but without any enactment by Parliament. It was evolved by judicial decisions. The Common Law is the unwritten part of the English Constitution. Most of the rights and liberties of the Englishmen e.g., the prerogatives of the Crown, trial by Jury, the Rule of Law, etc., are derived from the Common Law.

Constitutional convention

 Usages etc. form the fifth element of the English constitution. These are its unwritten parts and are of fundamental importance.

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