Omar Bennett
The United Kingdom's constitution is unique in that it is not contained in a single document. Instead, it is spread across various statutes, conventions, judicial decisions, and treaties. This means that the UK constitution is uncodified and unwritten, making it different from most other countries. The UK constitution can be found in specific Acts of Parliament, constitutional conventions, and various decisions made by judges. The leading institutions in the UK's constitution are Parliament, the judiciary, the executive, and regional and local governments. The UK constitution has been modified frequently over the years in response to changing circumstances, allowing for a pragmatic approach to governance.
| Characteristics | Values |
|---|---|
| Written or unwritten | The UK constitution is largely unwritten, but not strictly so. While it is not codified in a single document, it exists in various written forms, including Acts of Parliament, judicial decisions, and conventions. |
| Flexibility | The UK constitution is flexible and can be altered or amended by a simple majority vote in Parliament, unlike more entrenched constitutions that require additional procedures for amendment. |
| Parliamentary sovereignty | The UK Parliament is sovereign and holds the ultimate law-making power, with no clear distinction between constitutional and regular law. |
| Rule of law | The UK constitution upholds the rule of law, democracy, and human rights through the judiciary, with the Supreme Court as the highest court of appeal. |
| Devolution | The UK constitution has devolved power to regional legislatures and executives in Scotland, Wales, and Northern Ireland, allowing them to legislate on specific topics. |
| Separation of powers | The UK constitution lacks an effective separation of powers, with parliamentary sovereignty potentially overriding fundamental rights. |
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What You'll Learn
The UK's uncodified constitution
The United Kingdom's constitution is unique when compared to most other countries. Unlike the majority of nations, the UK does not have a 'written' or 'codified' constitution contained in a single document. Instead, the UK constitution is uncodified, dispersed across various sources, including specific Acts of Parliament, constitutional conventions, and judicial decisions.
Secondly, the uncodified nature of the UK constitution contributes to the lack of a clear distinction between constitutional law and regular law. There are no special procedures for amending the constitution; a constitutional statute can be repealed or changed by a simple majority vote in Parliament, just like any other legislation. This feature of the UK's system has led some scholars, like Eric Barendt, to argue that the UK's constitution is to some extent a "façade" because parliamentary sovereignty can potentially override fundamental rights.
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The role of Parliament
The United Kingdom's constitution is spread across several places, including specific Acts of Parliament, constitutional conventions, and judicial decisions. The leading institutions in the UK's constitution are Parliament, the judiciary, the executive, and regional and local governments.
Parliament, as the supreme law-making body, plays a crucial role in the UK's constitution. It represents the people of the United Kingdom and is composed of the House of Commons and the House of Lords. The House of Commons is elected through democratic votes in the country's 650 constituencies, while the House of Lords is mostly appointed by cross-party groups from the House of Commons.
MPs, who are central political actors, have key roles in representing citizens, debating policy matters, scrutinising the executive, and approving changes to the law. They uphold and protect the constitution, ensuring democratic principles are maintained. Additionally, they represent their constituents' interests and advocate on their behalf. Select committees within Parliament enable scrutiny and accountability of the government, conducting inquiries and producing reports.
Parliament's sovereignty means it can make or amend laws without being constrained by a constitutional text. This parliamentary sovereignty has been recognised by the Supreme Court of the United Kingdom. However, critics argue that this lack of separation of powers and the ability to overrule fundamental rights make the UK's constitution a "façade".
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The role of the judiciary
The United Kingdom's constitution is distinct from those of other countries in that its core aspects are not contained in a single legal source. Instead, it is spread across various sources, including specific Acts of Parliament, constitutional conventions, and judicial decisions. The UK's judiciary plays a crucial role in this system.
The judiciary is one of the three branches of the state, alongside the executive (the government) and the legislature (the two Houses of Parliament). In the UK, these branches are not entirely separate, and the judiciary has historically been closely intertwined with the other branches. For example, until the 19th century, judges could be elected as MPs, and some even served as members of the Cabinet. The office of Lord Chancellor is a notable example of this mixing of branches, as the Lord Chancellor is a member of the executive, a judge, and the head of the judiciary.
Despite this historical mixing of roles, the judiciary has taken steps towards independence in recent years. The Constitutional Reform Act of 2005 established an independent Supreme Court, separate from the House of Lords, with its own appointments system, staff, budget, and building. This change addressed concerns about the previous arrangement, where the Law Lords both helped make laws in the legislative chamber and acted as the final interpreters of those laws, potentially compromising the independence and impartiality expected of the judiciary.
The judiciary's primary function is to interpret and apply the law found in Acts of Parliament and to develop the law through precedent. The highest court in the UK is the twelve-person Supreme Court, which hears appeals from the Courts of Appeal in England, Wales, and Northern Ireland. The Supreme Court has handed down several notable judgments, including a 2019 ruling that the Prime Minister's advice to the Queen to prorogue Parliament was unlawful as it interfered with Parliament's constitutional function.
In addition to interpreting the law, the judiciary also upholds the rule of law, democracy, and human rights. The Human Rights Act 1998 gave judges the authority to review whether public institutions complied with the rights set out in the European Convention on Human Rights, expanding the judiciary's role and powers. The Supreme Court also recognises and affirms constitutional principles such as parliamentary sovereignty, the rule of law, democracy, and upholding international law.
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The UK's history of revolution
The United Kingdom does have a constitution, but unlike most countries, it is not written down in a single document. Instead, it is spread across several sources, including Acts of Parliament, constitutional conventions, and judicial decisions. This uncodified constitution has evolved gradually over time, allowing for a pragmatic approach to changing circumstances.
The Glorious Revolution of 1688
The Glorious Revolution of 1688 marked a significant turning point in English history. King James II was overthrown and replaced by William III and Mary II as joint constitutional monarchs. This event established the principle of parliamentary sovereignty and limited royal power, with the enactment of the Declaration of Right (in England) and the Claim of Right (in Scotland). It was a pivotal moment in the evolution of the UK's constitutional monarchy.
The English Civil War and the Execution of Charles I
The English Civil War, which lasted intermittently from 1642 to 1649, culminated in the execution of King Charles I by the English Parliament in 1649. This led to the establishment of a republic or Commonwealth until 1660, when Charles II was restored to the throne. The civil war represented a constitutional struggle, addressing the unresolved contradictions stemming from the Reformation and the role of civil society in ecclesiastical and governmental matters.
Social and Labour Movements
Throughout the 19th and 20th centuries, various social and labour movements advocated for greater political freedom and representation. Chartism, for example, demanded universal suffrage and free and fair elections. The labour movement of the early 20th century supported representatives in Parliament, advocating for collective bargaining rights, fair wages, and welfare reforms. These movements contributed to significant social and constitutional changes, such as the Second Reform Act of 1867, the Trade Union Act of 1871, and the National Insurance system.
The Impact of Revolutions Abroad
External revolutions, such as the American Revolution in 1776 and the French Revolution in 1789, also influenced the UK's constitutional development. The American Revolution, sparked in part by the ruling against slavery in Somerset v Stewart, led to the loss of British control and the subsequent settlement of Australia. The French Revolution, driven by ideals of "liberty, equality, and fraternity," resulted in the deposition of the French King. These events, along with others, contributed to a broader context of political change and reform.
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The case for constitutional reform
The United Kingdom's constitution is unique in that it is not contained in a single document. Instead, it comprises various statutes, conventions, judicial decisions, and treaties. While this has advantages, there is a strong case for constitutional reform.
Firstly, the UK's constitution lacks a clear separation of powers, with parliamentary sovereignty allowing Parliament to overrule fundamental rights. This has resulted in an excessively powerful government that is not legally constrained by the observance of fundamental rights. A written constitution could enshrine the separation of powers and protect the rights of citizens.
Secondly, the UK's constitution is easily changed by the government of the day, as there are no special procedures for amending it. This means that the constitution can be altered without the input of the people, as there is no requirement for a referendum or special majority. A codified constitution could include provisions that make it more difficult to amend, ensuring that any changes are made with the consent of the governed.
Thirdly, the UK's constitution has not kept pace with the devolution of power to Scotland, Wales, and Northern Ireland. The creation of the Scottish Parliament, the Welsh Assembly, and the Northern Ireland Executive has led to a more decentralized system of government. To preserve the UK as a unified political entity, further constitutional reform may be necessary, potentially moving towards a fully federal system.
Finally, the UK's constitution has been criticized for its lack of a bill of rights. While the Human Rights Act 1998 has been a step in the right direction, a written constitution could include a comprehensive bill of rights that protects the freedoms and liberties of UK citizens.
In conclusion, while the UK's unwritten and flexible constitution has served the country well in many respects, there are strong arguments for constitutional reform. Reform could address the lack of separation of powers, the ease of amending the constitution, the need for decentralization, and the absence of a bill of rights. A written and codified constitution could provide a clearer framework for the country's governance and better protect the rights of its citizens.
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Frequently asked questions
Yes, the United Kingdom does have a constitution.
A constitution is a set of principles and rules by which a country is organised and it is usually contained in one document.
No, the UK's constitution is not contained in a single document. It is spread across various statutes, conventions, judicial decisions, and treaties.
The UK did not experience a revolution or moment of political rupture when written constitutions were most popular after the American Revolutionary War. Additionally, codified constitutions are typically produced following a major historical turning point, such as a grant of independence, revolution, or collapse of the previous system of government.
Examples of constitutional statutes include the Bill of Rights 1689, the Human Rights Act 1998, and the Scotland Act. Examples of conventions include the monarch acting on ministerial advice and the Prime Minister sitting in the House of Commons.
