Simone Lawson
The United Kingdom is often said to have an 'unwritten' constitution, but this is not entirely accurate. While the UK does not have a single, formal document that outlines its constitution, it does have a constitution that is spread across various sources, including specific Acts of Parliament, conventions, and judicial decisions. The UK's constitution is a combination of written and unwritten arrangements, with the Magna Carta, issued in 1215, serving as a foundational constitutional text. The UK's constitution has evolved over time, adapting to political, economic, and social changes, and is recognised as being different from most other modern liberal democracies.
| Characteristics | Values |
|---|---|
| Written constitution | No, the UK does not have a written constitution in a single document. |
| Unwritten constitution | Yes, the UK constitution is largely unwritten, but not strictly so. |
| Codified constitution | No, the UK constitution has never been codified. |
| Constitutional sources | Leading statutes, conventions, judicial decisions, and treaties. |
| Constitutional statutes | Bill of Rights 1689, Acts of Union 1707 and 1800, Act of Settlement 1701, Parliament Acts 1911 and 1949, Human Rights Act 1998, Scotland Act, Northern Ireland Act, and Government of Wales Act 1998. |
| Constitutional conventions | The monarch acts on ministerial advice, the Prime Minister sits in the House of Commons, the Queen appoints as Prime Minister the person most likely to command the House of Commons' confidence. |
| Parliamentary sovereignty | The cornerstone of the UK constitution, with Parliament having the ultimate law-making power. |
| Constitutional guardians | The Supreme Court, the House of Lords Constitution Committee, the Commons Public Administration and Constitutional Affairs Committee, the Lord Chancellor, the Judicial Appointments Commission, and the Electoral Commission. |
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What You'll Learn
The UK's constitution is spread across multiple documents
The UK's constitution can be found in specific Acts of Parliament, 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, the Human Rights Act of 1998, and the Scotland Act, Northern Ireland Act, and Government of Wales Act of 1998. These Acts of Parliament have special constitutional status and are recognised by the Supreme Court of the United Kingdom.
In addition to these statutes, the UK constitution also includes certain understandings of how the system should operate, known as constitutional conventions. Examples of these conventions include the monarch acting on ministerial advice, the Prime Minister sitting in the House of Commons, and the Queen appointing as Prime Minister the person most likely to command the confidence of the House of Commons. These conventions have been codified in documents such as the Cabinet Manual.
Finally, the UK constitution also includes various decisions made by judges that help determine how the system works. For example, the sub judice rule, which states that matters awaiting decision in court should not be prejudged in a Parliamentary debate, reflects a "shared constitutional understanding" of the integrity of the legal system. The UK constitution, therefore, consists of a combination of written and unwritten arrangements that establish the United Kingdom as a political body.
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The UK constitution has multiple guardians
The UK constitution is often referred to as ""unwritten", but this is not entirely accurate. While the UK does not have a single, formal, written constitution like most other countries, it does have a constitution that is spread across several documents. These include leading statutes, conventions, judicial decisions, and treaties. Examples of constitutional statutes include the Bill of Rights 1689, the Acts of Union 1707 and 1800, the Act of Settlement 1701, the Parliament Acts 1911 and 1949, the Human Rights Act 1998, and the Scotland Act, Northern Ireland Act, and Government of Wales Act 1998.
The Lord Chancellor, a government minister, has a statutory duty to uphold the independence of the judiciary and protect it from attacks on its integrity. The Attorney General and the Cabinet Secretary are also guardians, responsible for the day-to-day operation of the constitution. Specific constitutional watchdogs, such as the Judicial Appointments Commission and the Electoral Commission, play a vital role in safeguarding the constitution.
In the absence of a codified constitution, Parliament is the ultimate guardian of the UK constitution. All Members of Parliament (MPs) and peers have a responsibility to uphold key constitutional principles. However, some argue that the UK should move towards a codified constitution to impose limits on Parliament's power. While the UK's uncodified constitution allows for flexibility and ease of amendment, it also presents challenges in understanding and interpreting constitutional principles.
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The UK is a constitutional monarchy
The United Kingdom does not have a formal written constitution. Instead, it has an uncodified constitution comprising written and unwritten arrangements that establish the United Kingdom of Great Britain and Northern Ireland as a political body. This means that the UK's constitution is spread across several places, including specific Acts of Parliament, understandings of how the system should operate (constitutional conventions), and decisions made by judges.
The UK's constitution has evolved organically over time in response to political, economic, and social changes. It 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, the Human Rights Act of 1998, and the Scotland Act, Northern Ireland Act, and Government of Wales Act of 1998. These Acts have established important principles such as parliamentary sovereignty, the rule of law, democracy, and upholding international law.
The UK's constitution also includes certain conventions and unwritten rules of constitutional practice. For example, the residual powers of the monarch and the relationship between the monarch and Parliament are governed by these unwritten but binding conventions. While these conventions have traditionally not been written down in official documents, they have increasingly been included in texts published by bodies such as the UK government, such as the Cabinet Manual.
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The UK constitution is uncodified
The UK is often said to have an 'unwritten' constitution, but this is not entirely accurate. While the UK does have a constitution, it is not codified; that is, it is not contained in a single document. Instead, the UK constitution is found in various sources, including specific Acts of Parliament, constitutional conventions, and judicial decisions.
The UK's constitution is spread across several places, making it more challenging to identify and comprehend. Some key constitutional statutes include the Bill of Rights 1689, the Acts of Union 1707 and 1800, the Act of Settlement 1701, the Parliament Acts 1911 and 1949, the Human Rights Act 1998, and the Scotland Act, Northern Ireland Act, and Government of Wales Act 1998. These Acts of Parliament contain important provisions that shape the UK's constitutional framework.
Constitutional conventions, or understandings about how the system should operate, are another essential component of the UK constitution. Examples of conventions include the monarch acting on ministerial advice, the Prime Minister sitting in the House of Commons, and the Queen appointing as Prime Minister the person most likely to command the confidence of the House of Commons. While these conventions were traditionally not written down, they are increasingly being included in texts published by bodies such as the UK government.
Judicial decisions also play a significant role in shaping the UK constitution. The Supreme Court of the United Kingdom and its predecessor, the Appellate Committee of the House of Lords, have recognised and affirmed constitutional principles such as parliamentary sovereignty, the rule of law, democracy, and upholding international law. Additionally, the independence of the judiciary is protected, with judges appointed based on merit and experience, further strengthening the constitutional framework.
The UK's uncodified constitution has its advantages and disadvantages. On the one hand, it allows for flexibility and easy amendment, as no provisions are formally entrenched. However, some argue that a written constitution would impose limits on Parliament's power and better protect fundamental rights. The UK's unique constitutional arrangement has evolved organically over time, responding to political, economic, and social changes, and continues to be a subject of debate and discussion.
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The UK constitution is largely written
The UK is often said to have an 'unwritten' constitution, but this is not entirely true. While the UK does not have a 'written' or 'codified' constitution in the sense of a single, formal document, its constitution is largely written, but dispersed across various sources. These sources include specific Acts of Parliament, such as the Bill of Rights of 1689, the Human Rights Act of 1998, and the Scotland Act, Northern Ireland Act, and Government of Wales Act of 1998.
The UK's constitution also includes certain understandings or conventions about how the system should operate. For example, the convention that the Prime Minister should be a member of the House of Commons and able to command the confidence of that institution. Traditionally, these conventions were not written down in official documents, but increasingly, they have been included in texts published by bodies such as the UK government.
In addition, the UK's constitution comprises various judicial decisions and treaties. For example, the Treaty and Acts of Union of 1706-1707, which united England and Scotland into a single legislature: the Parliament of Great Britain. The UK's constitution is further shaped by international treaties, such as those made with the EU and other regional and international legal systems.
The UK's constitution has multiple guardians, including the Supreme Court, the House of Lords Constitution Committee, the Commons Public Administration and Constitutional Affairs Committee, and specific constitutional watchdogs, such as the Judicial Appointments Commission. In the absence of a codified constitution, Parliament is the ultimate guardian and arbiter of constitutional principles.
Some have argued for the creation of a written constitution for the UK, citing the need for limits on parliamentary power and the protection of fundamental rights. However, others note that the UK has never experienced a major historical turning point, such as a revolution or a complete collapse of the government, that would typically prompt the codification of a constitution.
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Frequently asked questions
No, Britain does not have a formal written constitution. It is often said that Britain has an ''unwritten' constitution, but this is not entirely accurate. While Britain does have a constitution, it is not codified; it is not written in a single document.
A codified constitution is a formal constitution written in a single document. Most countries have a codified constitution, usually produced following a major historical turning point, such as a revolution or a defeat in war.
Some argue that a written constitution would impose limits on what Parliament can do. It would also make the constitution easier to identify and understand.
Britain's constitution is found in leading statutes, conventions, judicial decisions, and treaties. Examples of constitutional statutes include the Bill of Rights 1689, the Acts of Union 1707 and 1800, and the Human Rights Act 1998. Examples of conventions include that the Prime Minister sits in the House of Commons and that the monarch acts on ministerial advice.
