Jonah Patel
The UK's constitution differs from many other countries in that its core aspects are not contained in a single legal source. While the UK does not have a 'written' or 'codified' constitution, it does have a constitution that is spread across various sources, including specific Acts of Parliament, constitutional conventions, and judicial decisions. The UK's membership in the EU and subsequent exit have significantly impacted the country's constitution, demonstrating its flexibility and adaptability. The growing role of the people in constitutional change, through referendums and devolution, further complicates the UK's constitutional landscape. With ongoing debates about the need for a written constitution and the dynamic nature of constitutional change, the UK's constitutional trajectory remains a subject of discussion and uncertainty.
| Characteristics | Values |
|---|---|
| UK's constitution is different from other countries | Core aspects are not contained in a single legal source |
| No clear concept of a 'higher law' | |
| No distinction between constitutional law and regular law | |
| No special procedures for changing the constitution | |
| Accommodated EU membership and Brexit with relative ease | |
| A predominantly political, flexible constitution | |
| Membership of the EU was a catalyst for further constitutional change | |
| The growing role of the people in constitutional change | |
| Devolution to Northern Ireland, Scotland, and Wales | |
| Incorporation of the European Convention on Human Rights in domestic law | |
| Creation of a new Supreme Court | |
| The rule of law is a fundamental principle | |
| Elections in which all capable adults participate are a fundamental constitutional principle | |
| The British constitution is bound to international law | |
| The UK does not have a 'written' or 'codified' constitution | |
| The UK's constitution is spread across various sources | |
| The UK has a 'common law' system |
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What You'll Learn
The UK's uncodified constitution
The UK's constitution is different from many other countries in that its core aspects are not contained in a single legal source. Unlike France, Italy, and many other places, the UK did not experience a revolution or moment of political rupture in the late eighteenth or nineteenth century, when written constitutions were most popular after the American Revolutionary War. The UK's constitution is spread across several places, including specific Acts of Parliament, understandings of how the system should operate (known as constitutional conventions), and various decisions made by judges that help determine how the system works.
The UK's constitution has evolved gradually over time, with significant developments such as the Magna Carta, which recognised the right to free movement of people for international trade, and the Representation of the People Act 1884, which reduced property qualifications for voting, so that around one-third of men in Britain could vote. The UK's membership in the EU and subsequent exit also had a significant impact on the constitution, demonstrating its flexibility and adaptability.
While the UK does not have a written or codified constitution, it does have a constitution that is recognised and respected. The rule of law has been regarded as a fundamental principle of the UK's legal system, and parliamentary sovereignty and the role of the people in constitutional change have become increasingly important.
There have been debates and discussions about whether the UK should adopt a written constitution, with arguments both for and against such a move. Some scholars have suggested that the UK's constitution is in a state of 'unsettlement', with continuous disputation about its fundamental form and substance.
Overall, the UK's uncodified constitution has a rich history and continues to evolve, reflecting the country's changing political and social landscape.
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The rule of law
The UK's constitution differs from many other countries in that its core aspects are not contained in a single legal source. Unlike countries like the US, the UK does not have a 'written' or 'codified' constitution. Instead, the UK's constitution is spread across various sources, including specific Acts of Parliament, constitutional conventions, and judicial decisions. This dispersal can make it challenging to identify and understand the UK's constitutional principles.
One fundamental principle of the UK's constitution is the rule of law. The rule of law has been recognised as a crucial pillar of modern legal systems, including the UK's. While its precise meaning is debated, several key factors have been widely accepted. Firstly, the rule of law suggests that laws should be clear, predictable, and not subject to arbitrary discretion. This ensures legal certainty and prevents unreasonable or unfair application of laws.
Secondly, the rule of law emphasises equality before the law, meaning that all people, regardless of status, are subject to the same legal standards and protections. This principle ensures fairness and justice in the legal system. Additionally, the rule of law promotes speedy and fair procedures for enforcing laws and resolving disputes. This includes access to effective remedies and timely justice for all individuals.
Furthermore, the rule of law is closely linked to the protection of fundamental human rights. This includes civil, political, economic, social, and cultural rights, as outlined in the Universal Declaration of Human Rights, which the UK helped author in 1948. The UK's commitment to human rights is also reflected in its adherence to international law and conventions, such as the European Convention on Human Rights.
The UK's constitution has undergone significant changes over time, influenced by events such as its membership in the European Union and subsequent Brexit. These transformations have sparked debates about the need for a written constitution and the evolving nature of the UK's constitutional principles, including the rule of law. While the UK has no 'higher law' concept like the US Constitution, its constitution remains flexible and adaptable to political and social changes.
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The UK's membership of the EU
The UK's relationship with the EU has been a complex and evolving one, with the country's membership in the bloc and its predecessor organisations having been a subject of debate and negotiation over the years.
The UK first applied for membership in the European Economic Community (EEC), a precursor to the EU, in the 1960s but was vetoed by French President Charles de Gaulle, who believed that Britain was incompatible with Europe due to its "deep-seated hostility" towards any pan-European project. However, after de Gaulle left office in 1969, the UK's application was successful, and in 1972, the then-prime minister Edward Heath signed the Treaty of Accession, paving the way for the UK to join the EEC on 1 January 1973.
In 1975, the UK held its first-ever national referendum on whether to remain in the EEC, with all major political parties and the mainstream press supporting continued membership. Despite divisions within the ruling Labour Party, the referendum resulted in a vote to stay in the EEC.
The UK's membership in the EEC and its successor organisations, the European Communities and eventually the EU, continued for several decades, with the country playing a role in the political development and integration of Europe. However, in 2016, the UK held another referendum on its membership, this time resulting in a vote to leave the EU, often referred to as Brexit. The UK formally left the EU in 2020, and the process of negotiating new relationships and agreements with the bloc began.
In the years following Brexit, there have been ongoing discussions and negotiations between the UK and the EU on various issues, including trade, security, and defence. While some in the UK see these negotiations as a potential "sellout" of Brexit or a constraint on the country's sovereignty, others view them as an opportunity to strengthen the UK-EU partnership and improve cooperation on matters of mutual interest, such as the war in Ukraine and Europe's security.
Despite the UK's departure from the EU, the two remain closely connected, with a shared history and ongoing efforts to define their future relationship.
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The growing role of the people
The UK's constitution is unique in that its core aspects are not contained in a single legal source. Unlike many other countries, the UK did not experience a revolution or moment of political rupture in the late eighteenth or nineteenth century, when written constitutions were at their most popular. Instead, the UK's constitution is spread across various sources, including specific Acts of Parliament, constitutional conventions, and decisions made by judges.
The UK's constitution has also been influenced by international law and organisations. The UK co-authored the European Convention on Human Rights, enabling people to appeal to the European Court of Human Rights, even against Acts of Parliament. Additionally, the UK's membership in organisations such as the International Labour Organization, the United Nations, the World Trade Organization, and the International Criminal Court has increased the practical power of Parliament through international cooperation.
Over time, the UK's constitution has gradually enabled greater political freedom. Significant milestones include the Second Reform Act of 1867, which enfranchised more middle-class property owners, the Elementary Education Act of 1870, which provided free primary school, and the Representation of the People Act of 1884, which reduced property qualifications for voting. However, it is important to note that this act did not establish universal suffrage, and many men and women were still unable to vote.
The UK's constitution is characterised by its flexibility and ability to accommodate significant changes, such as EU membership and Brexit, through Acts of Parliament and delegated legislation. This adaptability has sparked debates about the potential need for a written constitution.
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The UK's common law system
The UK's constitution is distinct from those of many other countries in that its core aspects are not contained in a single legal source. Unlike countries like France and Italy, the UK did not experience a revolution or political rupture in the 18th or 19th century, when written constitutions gained popularity after the American Revolutionary War. As such, the UK's constitution is spread across various sources, including specific Acts of Parliament, constitutional conventions, and decisions made by judges.
The UK has a 'common law' system, where judges declare the law derived from custom and precedent. While the courts interpret the rules, in practice, judges can create the law by identifying what it is. This common law system, also known as case law, is the foundation and prime source of English law. It originated with the legal reforms of King Henry II in the 12th century and was called "common" because it applied equally across the whole country. The doctrine of binding precedent, or 'stare decisis', means that courts follow and apply the principles declared in previous cases decided by more senior courts. Common law includes substantive rules, such as the offence of murder, and procedural rules, such as court procedure.
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each with its own courts and procedures. The judiciary is independent, and principles such as fairness, equality before the law, and the right to a fair trial are foundational. While common law has historically been the prime source of English law, the most authoritative law is now statutory legislation, comprising Acts of Parliament, regulations, and by-laws. In the absence of statutory law, common law, with its principle of stare decisis, forms the residual source of law, based on judicial decisions, custom, and usage.
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Frequently asked questions
No, the UK does not have a written constitution. Instead, its constitution is spread across various sources, including specific Acts of Parliament, constitutional conventions, and judicial decisions.
Yes, there have been several debates and proposals for the UK to adopt a written constitution. The UK's membership in the EU and subsequent exit have also catalysed discussions and potential moves towards a more legal constitution.
Those in favour of a written constitution argue that it would provide a clear and unified source of constitutional principles, potentially strengthening the rule of law and democratic values. Opponents suggest that a written constitution may not adequately address fundamental questions about the unity of the people and the structure of the UK as a union state. Additionally, some argue that the UK's flexible, predominantly political constitution allows for easier modifications to accommodate significant changes, such as Brexit.
