Omar Bennett
The United Kingdom is one of only three democracies without a written constitution. The UK's constitution is spread across multiple documents and sources, making it hard to decipher. While some argue that this enables the constitution to be easily changed, others point to the need for a written constitution to impose limits on Parliament's power and protect democracy and freedom. The question of whether Britain should have a written constitution is a complex one, with arguments for and against. Some, like former UK Supreme Court Justice Jonathan Sumption, argue against the UK adopting a written constitution, while others, like legal scholar Eric Barendt, highlight the lack of an effective separation of powers and the need for a written constitution to address this.
| Characteristics | Values |
|---|---|
| Britain is one of three democracies without a written constitution | Britain, along with two other democracies, lacks a written constitution |
| The UK's constitution is spread over multiple documents and sources | The UK constitution is not contained in a single legal source |
| The UK's constitution is uncodified | The UK's constitution is not codified in a single document |
| The UK's constitution is evolving | The UK's constitution is gradually converting from an uncodified to a codified constitution |
| The UK's constitution lacks a clear concept of a 'higher law' | There is no distinction between constitutional law and regular law |
| The UK's constitution lacks an effective separation of powers | Parliamentary sovereignty allows Parliament to overrule fundamental rights |
| The UK's constitution is subject to interpretation by the courts | The UK's constitution is open to interpretation |
| The UK's constitution is not static | The UK's constitution can be easily changed |
| The UK's constitution is influenced by influential interpretations | Interpretations of experts can become influential and shape the UK's constitution |
| The UK's constitution is a "façade" | The UK's constitution is a "façade" due to the lack of separation of powers and parliamentary sovereignty |
| The UK's constitution imposes limitations and obligations on governmental organisations | The UK's constitution imposes limitations and obligations on the government's relationship with the people |
| The UK's constitution provides opportunities for public influence | The UK's constitution enables the public to influence the political process |
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What You'll Learn
The UK's uncodified constitution
The UK is one of just three democracies with an uncodified constitution. This means that the UK's constitution is not contained in a single document but is instead spread across multiple sources, including statutes, judicial decisions, and institutional practices. While some argue that this lack of codification allows for greater flexibility and adaptability, others contend that it leads to a lack of clarity and consistency in the interpretation and application of the constitution.
One of the main arguments in favour of a written constitution is that it would impose limits on parliamentary power and provide greater protection for democracy and freedom. It would also clarify the rights and responsibilities of the government and the people, enhancing legal certainty and consistency. However, critics argue that a written constitution may not be as effective as proponents suggest, pointing out that even highly regarded constitutions like those of the United States and France have their gaps and limitations.
The debate around the UK's uncodified constitution has intensified in recent years, particularly following events such as the Scottish independence referendum in 2014 and Brexit in 2016. These events have highlighted the complexities and uncertainties within the UK's constitutional arrangements and have led to calls for further constitutional reform to preserve the UK as a unified political entity. While some advocate for a fully federal system, others propose a more decentralised approach.
In conclusion, while the UK's uncodified constitution has served the country for centuries, evolving and adapting to changing circumstances, there are growing calls for reform and consideration of a written constitution. The benefits of a written constitution include increased clarity, consistency, and protection of rights. However, critics caution that a written constitution may not be a panacea, and that the UK's current system allows for flexibility and responsiveness to change.
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The case for a written constitution
The United Kingdom is one of only three democracies without a written constitution. The UK's constitution is spread across multiple documents and sources, making it hard to decipher. A written constitution would provide a single document that clearly outlines the country's core constitutional aspects.
A written constitution would impose limits on what Parliament can do and strengthen the legal protection of democracy and freedom. It would also provide opportunities for the public to influence the political process and ensure that the government observes fundamental rights.
The UK's uncodified constitution enables easy changes as no provisions are formally entrenched. However, this also means there are no special procedures for changing the constitution. A written constitution would provide a clear framework for constitutional amendments.
The Scottish independence referendum in 2014 and the Brexit referendum in 2016 have strengthened the case for constitutional reform. A written constitution would help preserve the UK as a unified political entity and address the anomalies and mysteries in the practices of the British state.
In conclusion, a written constitution for the UK would provide clarity, strengthen democracy, and ensure a more stable and unified political system.
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The case against a written constitution
The United Kingdom has never had a written constitution embodied in a single document. The UK's constitution has evolved organically over time in response to political, economic, and social changes. The present constitution encompasses landmark statutes, such as the Bill of Rights of 1689, as well as many conventions or unwritten rules of constitutional practice.
There are two reasons why Britain has lacked a written constitution. The first is that, historically, Britain never had a constitutional moment; the second is the doctrine of parliamentary sovereignty.
The UK's uncodified constitution enables the constitution to be easily changed as no provisions are formally entrenched. The UK Supreme Court 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.
A written constitution would impose limits on what Parliament could do. To date, the Parliament of the UK has no limit on its power other than the possibility of extra-parliamentary action (by the people) and the actions of other sovereign states.
In his fifth 2019 Reith Lecture, former UK Supreme Court Justice Jonathan Sumption argued against the UK adopting a written constitution.
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The UK's gradual conversion to a codified constitution
The United Kingdom is one of only three democracies without a written constitution. There are two reasons why Britain has lacked a constitution. Firstly, Britain never historically had a constitutional moment. Secondly, the doctrine of parliamentary sovereignty has meant that Parliament is legally sovereign and can overrule fundamental rights.
However, the UK is currently in the process of gradually converting its uncodified constitution into a codified one. The UK's constitution is spread over a number of documents and sources, which can make it hard to decipher. The views of legal scholars and political journalists have become particularly influential in shaping the system.
A codified constitution would impose limits on what Parliament could do and strengthen the legal protection of democracy and freedom. It would also provide opportunities for the public to influence the political process. However, there is a tension between two types of codified constitution: a lawyer's constitution, which would be long and highly detailed, and a people's constitution, which would be short and open to interpretation by the courts.
The Scottish independence referendum in 2014 and the Brexit referendum in 2016 have strengthened the case for further constitutional reform, with observers arguing that a more decentralized system of government is needed to preserve the UK as a unified political entity.
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The UK's constitution in relation to other countries
The UK's constitution is unique in that it is not contained in a single legal source. Unlike most other countries, the UK does not have a 'written' or 'codified' constitution. Instead, it is largely written across different documents, including leading statutes, conventions, judicial decisions, and treaties. This means that the UK constitution can be altered more easily than those of other countries, as there are no special procedures for changing it. If it is determined to do so, a 'constitutional statute' can be repealed or amended by simple majority votes in Parliament, like any other legislation.
The UK's constitution is also different from many other countries in that it 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. The UK's gradual evolution has meant that it has never had a "constitutional moment" to prompt the codification of its constitution.
The UK's constitution is bound to international law, as Parliament has chosen to increase its practical power in cooperation with other countries in international organisations, such as the International Labour Organization, the United Nations, the European Convention on Human Rights, the World Trade Organization, and the International Criminal Court. The UK has also consistently supported organisations formed under international law since the World Wars.
The UK's constitution is similar to that of New Zealand and Israel, which also lack a codified constitution.
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Frequently asked questions
Some argue that a written constitution would strengthen the legal protection of democracy and freedom by imposing limits on what Parliament can do. It would also provide opportunities for the public to influence the political process.
The UK's constitution has evolved organically over time in response to political, economic, and social changes. It is argued that the lack of a written constitution does not mean it should not be characterised as a "constitution". Some also argue that the UK does not need a written constitution as it already has a people's constitution which is broadly worded and therefore open to interpretation by the courts.
Britain does not currently have a written constitution. However, it is argued that Britain already possesses a written constitution of a kind, as there are various written sources that outline the country's constitutional arrangements.
