Isabella Carter
The UK is often said to have an 'unwritten' constitution, but this is not strictly true. While the UK Constitution has never been codified in a single document, it is largely written, with various statutes, conventions, judicial decisions and treaties governing how the UK is run. The UK Constitution has evolved organically over time in response to political, economic and social changes. It establishes the principles, rules and laws that underpin the UK's political system, creating and defining the powers of different political institutions and determining how they relate to each other.
| Characteristics | Values |
|---|---|
| Written or unwritten | The UK constitution is largely written but in different documents. It has never been codified or brought together in a single document. |
| Codified or uncodified | The UK constitution is uncodified. |
| Nature of the constitution | The constitution is bound to international law and parliamentary sovereignty is often seen as a central element in the British constitution. |
| Guardians of the constitution | The Supreme Court, the House of Lords Constitution Committee, the Commons Public Administration and Constitutional Affairs Committee, the Lord Chancellor, and specific constitutional watchdogs, such as the Judicial Appointments Commission or the Electoral Commission. In the absence of a codified constitution, parliament is the ultimate guardian. |
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What You'll Learn
The UK constitution is uncodified
The UK is often described as having an "unwritten" constitution. However, this is not entirely accurate. While the UK Constitution is not codified, it is largely written, but in different documents. The UK Constitution has evolved organically over time in response to political, economic, and social changes. It is made up of various statutes, conventions, judicial decisions, and treaties that collectively govern how the country is run.
The UK Constitution has multiple guardians, including the Supreme Court, the House of Lords Constitution Committee, the Commons Public Administration and Constitutional Affairs Committee, the Lord Chancellor, and specific constitutional watchdogs such as the Judicial Appointments Commission and the Electoral Commission. In the absence of a codified constitution, Parliament acts as the ultimate guardian. All members of Parliament (MPs and peers) have a responsibility to uphold key constitutional principles.
The UK Constitution includes landmark statutes such as the Bill of Rights of 1689, the Acts of Union of 1707 and 1800, the Act of Settlement of 1701, the Parliament Acts of 1911 and 1949, and the Human Rights Act of 1998. It also encompasses many conventions or unwritten rules of constitutional practice, such as the residual powers of the monarch and the relationship between the monarch and Parliament. These conventions are binding, even though they are not codified in a single document.
One advantage of an uncodified constitution is that it allows each generation to influence the constitution through the representatives they elect. If a party with a constitutional reform agenda is elected, they can carry out the mandate given to them by the people. Supporters of an uncodified constitution argue that it gives elected politicians, rather than unelected judges, the final say.
However, critics of the uncodified constitution argue that it leaves the political system open to abuse. They claim that there are few checks on the power of a government with a majority in the House of Commons, which could alter the rules for its own advantage. The lack of a codified constitution can make it challenging for citizens to fully understand the rules and limits of governmental power.
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The UK constitution is unwritten
The UK is often said to have an 'unwritten' constitution. However, this is not strictly true; it is largely written, but in different documents. It has never been codified; brought together in a single document. In this respect, the UK is different from most other countries, which have codified constitutions. But not all: New Zealand and Israel also lack a codified constitution.
The UK constitution comprises written and unwritten arrangements that establish the United Kingdom of Great Britain and Northern Ireland as a political body. The constitution creates and defines the powers of different political institutions and determines how they should relate to each other. It sets out the limits of these powers and regulates the relationship between the state and its citizens.
The main principle underpinning the UK constitution is the supremacy of parliament. Parliamentary sovereignty is commonly regarded as the defining principle of the British Constitution. This is the ultimate law-making power vested in the UK parliament to create or abolish any law. But parliament can limit its law-making power, as in the Human Rights Act, or devolve legislative power, as in the Scotland Act.
The UK's unwritten constitution has distinct advantages, especially with regard to the promotion of democracy, accountability, transparency, and mandate. All matters regarding the constitution are addressed by parliament, which is composed of the House of Commons, who are the major participants, and the House of Lords. The government is subject to being dissolved and, therefore, has to be accountable to parliament.
However, there are also risks to the flexible nature of the unwritten constitution. All laws are exposed to whimsical changes by parliament or the government as there is no specified legal status. In addition, it makes it easy for individual human rights to be eroded due to the lack of a strictly enforceable legal system. It has also been argued that the unwritten constitution lacks clarity. This is contrary to a written constitution, which is detailed and explicitly addresses limitations on parliament and the government. This makes it easily accessible to ordinary citizens and promotes transparency in judicial rulings.
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Parliamentary sovereignty
The UK is often said to have an
The concept of parliamentary sovereignty is exclusive to the UK Parliament and does not extend to the Scottish Parliament, the Senedd, or the Northern Ireland Assembly. The traditional view, put forward by A. V. Dicey, is that parliament had the power to make any law except any law that bound its successors. In other words, "Parliament…has, under the English constitution, the right to make or unmake any law whatsoever; and, further, …no person or body is recognised by the law of England as having the right to override or set aside the legislation of Parliament."
The idea of parliamentary sovereignty was at the heart of the Brexit referendum in 2016. Those wishing to leave the European Union saw its institutions, such as the European Parliament, as directly challenging the sovereignty of the Westminster Parliament because European laws can be automatically binding and override local laws within the UK. On the other hand, the Westminster Parliament accepted some limits on its own sovereignty when it joined the European Union (then the European Economic Community) in 1972 with the European Communities Act.
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The UK constitution is ambiguous
The UK's constitution is largely made up of a variety of Acts of Parliament, such as the Acts of Union between Wales and England in 1536/1543, the Bill of Rights in 1689, and the Scotland Act. The UK also has a constitutional monarchy, with the formal head of state being King Charles III. However, all constitutional duties and powers are accepted by binding convention to have shifted to the prime minister, Parliament, or the courts.
The lack of a single, written constitution can make the business of governing more difficult, as there may be doubts surrounding the roles and responsibilities of different political institutions. This ambiguity can be exploited by those in power to their advantage. It can also make it harder for the public to engage with the government. On the other hand, the flexibility of an uncodified constitution has enabled the UK to introduce legislation such as the Human Rights Act, devolution to Scotland, Wales, and Northern Ireland, and the removal of hereditary peers from the House of Lords.
Some argue that the UK should adopt a codified constitution, which would set out in plain English the rules by which the country is governed. This would provide clear constraints on the power of Parliament and enable the government to better serve the public. However, others argue that the difficulties of agreeing on a codified constitution should not be underestimated, and the benefits of a democratic constitution should not be exaggerated.
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The UK constitution has multiple guardians
The UK constitution is often described as "unwritten" or "uncodified", but this is not entirely accurate. While it has never been codified in a single document, it does exist in various written sources, including leading statutes, conventions, judicial decisions, and treaties. The UK constitution has multiple guardians, each playing a crucial role in upholding and protecting the constitution.
The first set of guardians are the core institutions, which include the executive, legislature, and judiciary. The executive branch, led by the Prime Minister, is responsible for implementing laws and policies. The legislature, or the Parliament, holds the ultimate law-making power in the UK and can create or abolish any law. The judiciary, headed by the Supreme Court, interprets and applies the law, ensuring that the other branches operate within constitutional boundaries.
The second type of guardians are the auxiliary actors within these core institutions. These individuals are responsible for the day-to-day operation and health of the constitution. Examples include the Attorney General, who advises the government on legal matters, and the Cabinet Secretary, who supports the work of the Cabinet.
The third category of guardians are tertiary organisations and individuals outside the core institutions. They advise, investigate, report on, and regulate across the constitution. This group includes standards bodies, boundary commissions, and organisations like the National Audit Office (NAO). Additionally, specific constitutional watchdogs, such as the Judicial Appointments Commission and the Electoral Commission, play a vital role in safeguarding the integrity of the constitution.
In the absence of a codified constitution, Parliament assumes the role of the ultimate guardian of the UK constitution. It is responsible for passing laws and ensuring that the other branches of government operate within constitutional limits.
While the UK constitution is upheld by these various guardians, it is important to recognise that the system is fragile and faces challenges. The polarised political environment and recent scandals have put pressure on the guardians and weakened the checks and balances. Strengthening these guardians and the ecosystem they form is crucial to maintaining public trust and the integrity of the UK's democratic principles.
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Frequently asked questions
A constitution is a set of principles and rules that establish and define the powers of different political institutions and determine how they relate to each other.
The UK does not have a 'written' or 'codified' constitution in the traditional sense. Instead, it has multiple guardians, including the Supreme Court, the House of Lords Constitution Committee, and Parliament, which is the ultimate guardian in the absence of a codified constitution.
Supporters of the UK's uncodified constitution argue that it allows for each generation to influence it through their elected representatives. It also provides flexibility and adaptability to political, economic, and social changes.
Critics argue that the lack of a codified constitution in the UK leaves the political system open to abuse and makes it difficult for citizens to understand their rights and the limits of governmental powers.
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