Omar Bennett
The UK's constitution is unique in that it is uncodified, meaning it is not contained in a single document but rather derived from various sources. The main sources of UK constitutional law are Acts of Parliament, court cases, and conventions in the way the government, Parliament, and the monarch act. These include statute law, common law, conventions, authoritative works, and international law. The UK constitution's main features are that it is uncodified, unentrenched, and unitary.
| Characteristics | Values |
|---|---|
| Sources | Acts of Parliament, court cases, conventions, statute law, common law, authoritative works, treaties, international law, etc. |
| Nature | Uncodified, unentrenched, and unitary |
| Main Principles | Rule of law, parliamentary sovereignty, democracy, upholding international law, separation of government into executive, legislative, and judicial branches, etc. |
| Key Documents | Magna Carta, 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, Government of Wales Act 1998, etc. |
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What You'll Learn
The UK constitution is an uncodified collection of rules
Statute law, or Acts of Parliament, is one of the most important sources of the UK constitution. Examples include the European Community Act of 1972, the Human Rights Act of 1998, and the Scotland Act. Common law, on the other hand, refers to 'judge-made law', based on precedent and tradition. 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 refer to the interpretations and doctrines of legal scholars and political journalists, which can shape the understanding and operation of the constitution. Finally, international law, such as EU law, can also take precedence over UK statute law in certain cases.
The UK's uncodified constitution has several implications. Firstly, it means that the constitution is flexible and can be easily amended, as no provisions are formally entrenched. For example, a 'constitutional statute' can be repealed or amended by a simple majority vote in Parliament. Secondly, the absence of a codified constitution places Parliament as the ultimate guardian of the constitution, with MPs and peers responsible for upholding key constitutional principles. Finally, the uncodified nature of the UK constitution makes it harder to understand compared to codified constitutions.
The UK's uncodified constitution can be partly explained by its history. Unlike countries that experienced revolutions or significant political ruptures, when written constitutions became popular, the UK did not have a similar impetus to codify its constitution. Additionally, the UK's constitution has evolved gradually, with no single historic turning point that would have necessitated a codified constitution.
In summary, the UK constitution is an uncodified collection of rules found in various sources, including statute law, common law, conventions, authoritative works, and international law. This uncodified nature has implications for the flexibility, guardianship, and understanding of the constitution.
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Parliamentary sovereignty
The UK constitution is different from many other countries in that its core aspects are not contained in a single legal source. It is largely written, but in different documents, and has never been codified. This means that there is no single written document that outlines the UK's constitution. 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.
The UK's constitution is uncodified, unentrenched, and unitary. It is subordinate due to the principle of parliamentary sovereignty. The main sources of the constitution are statute law, common law, conventions, authoritative works, and international law. Statute law, or Acts of Parliament, is one of the most important sources of the UK constitution, as it overrides other laws due to the principle of parliamentary sovereignty. Common law is 'judge-made law', based on precedent and tradition. Conventions are non-legal established rules of conduct and behaviour, or what is 'expected'.
There is not yet a consensus on the meaning of "Parliamentary sovereignty", except that its legitimacy depends on the principle of "the democratic process". In recent history, Parliament's sovereignty has evolved in four main ways.
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The rule of law
The UK constitution is unique in that it is uncodified, meaning that it is not contained in a single document. Instead, it is spread across various sources, including statutes, conventions, judicial decisions, and treaties. This makes it challenging to decipher, and the interpretations of experts can become influential in shaping the understanding of the constitution.
One of the key principles of the UK constitution is the rule of law, which is often referred to as one of the "twin pillars" of the constitution, alongside parliamentary sovereignty. The rule of law dictates that everyone within a state, including those in government, is bound by and entitled to the benefits of the law. This principle is foundational to the UK's constitutional system and is recognised by the Supreme Court of the United Kingdom.
The UK's uncodified constitution allows for flexibility and ease of amendment, as constitutional laws can be altered or removed like ordinary laws. This flexibility has enabled significant changes, such as the introduction of the Human Rights Act, devolution to Scotland, Wales, and Northern Ireland, and the creation of the Supreme Court. However, the lack of a single codified document can also make the UK constitution harder to understand and interpret.
In summary, the rule of law is a fundamental principle of the UK constitution, ensuring that all persons and institutions are equally accountable to the law. The UK's uncodified constitution, with its various sources and flexibility, has both advantages and disadvantages in upholding and interpreting this principle.
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Common law
The UK's constitution is unique in that it is uncodified, meaning that it is not contained in a single legal source. Instead, it is spread across multiple documents and sources, including statute law, common law, conventions, authoritative works, and international law.
The UK's common law system has evolved over time and is influenced by various factors. One notable influence is the Magna Carta, which dates back to 1215 and required the King to call a "common counsel" (now known as Parliament). While its direct impact on thirteenth-century England may have been overstated, it undoubtedly played a significant role in the development of the UK's constitutional system. The Magna Carta inspired and supported future developments, such as the concept of 'habeas corpus', which states that a person may not be detained without legal reason.
In addition to the Magna Carta, other key documents have influenced the development of the UK's common law system. These include the Bill of Rights 1689, the Act of Settlement 1701, the Acts of Union 1707 and 1800, and the Parliament Acts 1911 and 1949. These acts and statutes have helped shape the UK's common law system and continue to be important references for legal decisions and interpretations.
The common law system in the UK also interacts with other aspects of the constitution, such as parliamentary sovereignty and the rule of law. While parliamentary sovereignty is a core principle, it is subject to the "rule of law enforced by the courts", as noted by Lord Hope. This highlights the complex interplay between the different sources and principles of the UK's constitution, where common law plays a central role.
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Conventions
The UK's constitution is different from many other countries in that its core aspects are not contained in a single legal source. It is largely written, but in different documents. It has never been codified, and so is known as an uncodified constitution. This means that there is no single written document that outlines the UK's constitution. The UK's constitution is spread over a number of documents and sources, which can make it particularly hard to decipher.
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Frequently asked questions
The UK's constitution is made up of a variety of sources, including statute law, common law, conventions, authoritative works, and international law.
Statute law is one of the most important sources of the UK constitution, as it is law made by Parliament and overrides other laws due to the principle of parliamentary sovereignty. Examples include the European Community Act of 1972 and the Human Rights Act of 1998.
Conventions are non-legal established rules of conduct and behaviour, outlining what is 'expected'. For example, the monarch granting Royal Assent (royal approval) to each bill passed by Parliament. Conventions are often codified in documents such as the Cabinet Manual.
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