Key Sources Of The Uk Constitution

The UK constitution is comprised of five main sources: statute law, common law, conventions, authoritative works, and treaties (including EU Law). Statute law is the most important source of the constitution, as it is all legislation created by parliament and is based on the principle of parliamentary sovereignty. Common law is made up of customs and judicial precedent, with constitutional principles such as the Royal Prerogative stemming from it. Conventions are non-legal established rules of conduct and behaviour, such as the monarch granting Royal Assent to each bill passed by Parliament. Authoritative works are interpretations of the UK system by experts, which have become influential in perceptions of the system. Finally, treaties are agreements signed with other countries, with the most important treaties affecting the UK constitution being the treaty that entered Britain into the EEC in 1972 and the Maastricht Treaty in 1992, which established the European Union.

Explore related products

The Constitution of the United States of America: The Declaration of Independence, The Bill of Rights

$9.99 $9.99

The Penguin Guide to the United States Constitution: A Fully Annotated Declaration of Independence, U.S. Constitution and Amendments, and Selections from The Federalist Papers

$12.89 $15

What Does the Constitution Actually Say?: A Non-Boring Guide to How Our Democracy Is Supposed to Work

$18.22 $19.99

The Heritage Guide to the Constitution: Fully Revised Second Edition

$49.99 $49.99

The Constitution of the United States and Other Patriotic Documents

$21.99 $35

A Guide to the United States Constitution

$12.84

Statute law

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, the Scotland Act, the Northern Ireland Act, and the Government of Wales Act 1998. These statutes form a major source for various aspects of the UK constitution, including devolution settlements, the right to vote and the holding of elections, the upholding of human rights, the prohibition of discrimination, and the existence of the Supreme Court.

The principle of parliamentary sovereignty also means that there is no clear formal means of distinguishing constitutional statutes from more regular laws that deal with policy areas such as education and transport. This is because Parliament has the power to make or unmake any law, and there is no codified constitution or "higher law" that acts as a constraint on parliamentary power. The lack of a codified constitution in the UK is often attributed to the country's unique historical trajectory, which has not involved a major historic turning point, such as a revolution or defeat in war, that typically prompts the creation of a written constitution.

While the UK's uncodified constitution provides flexibility and adaptability, it also presents challenges in terms of interpretation and understanding. The interpretations of legal scholars and political journalists, such as Albert Venn Dicey and Walter Bagehot, have played a significant role in shaping the understanding of the UK constitution and continue to influence perceptions today.

Common law

The UK constitution is unique in that its core aspects are not contained in a single legal source. It is largely written but spread across different documents, including Acts of Parliament, judicial decisions, and treaties. One of these sources is common law.

The common law system in the UK combines the passing of legislation with the creation of precedents through case law. The laws are established by the passing of legislation by Parliament, which consists of the monarch, the House of Commons, and the House of Lords. The House of Commons is directly elected by the people, and the Prime Minister traditionally comes from this House. The judiciary, which controls the court system and case law, is entirely separate from Parliament.

The common law has been developed to be harmonious with statutory rights and international law. Judges interpret the scope of the common law by drawing on international treaties signed by the UK, such as the Palermo protocols, and the European Convention on Human Rights. The UK's membership in international organisations, such as the International Labour Organization and the United Nations, has influenced the interpretation and development of common law principles.

Conventions

The UK constitution is spread across several documents and sources, making it challenging to interpret. Conventions, as one of the five main sources, refer to the understandings and rules of conduct guiding the functioning of the constitution. They are not legally binding but are essential in shaping the UK system of government.

The monarch, for example, is expected to act on ministerial advice and appoint as Prime Minister the person most likely to command the confidence of the House of Commons. The Prime Minister, in turn, is expected to be a member of the House of Commons and maintain the support of that institution. These conventions have been codified in documents such as the Cabinet Manual and the Ministerial Code, which provide written accounts of these understandings.

The UK's conventions are distinct from those of other countries due to the absence of a codified constitution. The UK's constitution has evolved pragmatically over time, allowing for flexibility and adaptability. While some argue for a codified constitution, the challenges of achieving consensus on its contents should not be underestimated, and the benefits of a democratic constitution may be overstated.

Explore related products

Unruly Americans and the Origins of the Constitution

$16.87 $20

American Covenant: How the Constitution Unified Our Nation―and Could Again

$17.71 $32

The Words We Live By: Your Annotated Guide to the Constitution

$5.85 $19.99

A Pocket Guide to the US Constitution: What Every American Needs to Know

$7.79 $9.95

The Athenian Constitution (Penguin Classics)

$15.26 $17

The Constitution: An Introduction

$18.98 $19.99

Authoritative works

The UK constitution is spread across several documents and sources, which can make it challenging to interpret. Interpretations by experts, known as "authoritative works", play a crucial role in shaping the understanding of the UK constitution. These works offer insights and analysis that guide perceptions of the system, even if they are not legally binding.

One notable example is Walter Bagehot's "The English Constitution", which has been widely respected and influential in shaping the concept of a constitutional monarchy. Bagehot's work characterised what he termed the “dignified constitution”, highlighting the UK's ceremonial traditions. Another influential figure is the 19th/20th-century legal scholar Albert Venn Dicey, whose views underpinned the doctrine of parliamentary sovereignty.

The interpretations of these scholars and journalists have shaped the understanding and operation of the UK constitution, even if their works are not officially part of the legal framework. Their ideas have influenced policymakers, lawmakers, and the general public, demonstrating the significance of authoritative works in the UK constitutional landscape.

Treaties (including EU laws/treaties)

The UK constitution is spread across various documents and sources, including treaties. Treaties are formal agreements between sovereign nations that are legally binding and encompass a wide range of subjects. The UK has signed and ratified numerous treaties with other countries and international organisations, such as the European Union (EU).

Until the UK's formal exit from the EU, EU laws and treaties were a significant source of the UK constitution. The EU issues thousands of policy directives each year, some of which affect the UK, particularly in areas such as human rights, environmental policy, and consumer affairs. The Factortame case of 1991 established that European law can, in some cases, override statute law. Examples of EU treaties that influenced the UK constitution include the Treaty of Rome (1957) and the Treaty of Lisbon (2009).

The UK also acts as a depositary for multilateral treaties, and the Foreign, Commonwealth & Development Office (FCDO) Treaty Unit plays a crucial role in coordinating the UK's response to these treaties. The UK has published a list of treaties for which it is a depositary, and the Treaty Unit ensures compliance with the relevant procedures for ratification.

In addition to EU laws and treaties, the UK has signed and ratified other international treaties that have influenced its constitution. For example, the UK's courts have drawn upon international treaties such as the Palermo Protocols and the European Convention on Human Rights when interpreting the scope of the common law doctrine of illegality.

The UK's membership in international organisations and its adherence to international treaties have had a significant impact on its constitution. This has led to debates about the adoption of a "monist" theory, which considers international law as part of UK law without further action, or a "dualist" theory, which requires translating international law principles into domestic law.

While the UK constitution is primarily based on parliamentary sovereignty, the increasing involvement in international treaties and organisations has influenced and, in some cases, challenged this principle.

Frequently asked questions