Jonah Patel
Unlike most countries, the UK does not have a single constitutional document. Instead, the UK's constitution is spread across several places, including specific Acts of Parliament, such as the Act of Settlement 1701, the Treaty and Acts of Union of 1706-1707, and the Parliament Acts 1911 and 1949; particular understandings of how the system should operate, known as constitutional conventions, such as the convention that the Prime Minister sits in the House of Commons; and various decisions made by judges that help determine how the system works.
| Characteristics | Values |
|---|---|
| Parliamentary sovereignty | The UK Parliament is sovereign and can make or unmake any law without being limited by a constitutional text. |
| Uncodified constitution | The UK's constitution is not contained in a single document but is spread across various sources, including Acts of Parliament, constitutional conventions, and judicial decisions. |
| Written and unwritten arrangements | The UK's constitution comprises both written and unwritten arrangements, including historical documents, court judgments, and political customs or conventions. |
| Act of Settlement 1701 | Established the principle of judicial independence and provided for the ascension of the House of Hanover, preventing Catholics from taking the English throne. |
| Treaty and Acts of Union 1706-1707 | United Scotland and England into a single legislature: the Parliament of Great Britain. |
| Parliament Acts 1911 and 1949 | Established the primacy of the House of Commons and reduced the power of the House of Lords. |
| Magna Carta 1215 | Limited the power of the king, established the right to a fair trial, and protected from unlawful imprisonment. |
| Constitutional Reform Act 2005 | Altered the structure of the House of Lords by separating its judicial and legislative functions. |
| Devolution | Parliament has given powers to legislate on specific topics to nations and regions within the UK, such as Scotland, Wales, and Northern Ireland. |
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What You'll Learn
The UK constitution is not codified
The UK's constitution is spread across several places, including specific Acts of Parliament, constitutional conventions, and judicial decisions. While the UK does have a constitution, it is not codified in a single document. This is in contrast to most other countries, which have a single constitutional text that is upheld by the courts and can only be changed through a demanding process.
The UK's constitution is largely written, but in different documents. It has never been codified or brought together in a single document. This is because the UK has not experienced a major historical turning point, such as a revolution, defeat in war, or the collapse of the previous system of government, which typically prompts the creation of a codified constitution. The UK's constitution can be altered relatively easily by the government of the day, and parliamentary sovereignty is a cornerstone of the constitution, with Parliament able to make or unmake any law without being limited by a constitutional text.
The UK's constitution can be found in leading statutes, conventions, judicial decisions, and treaties. 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, and the Scotland Act, Northern Ireland Act, and Government of Wales Act 1998. Examples of conventions include the monarch acting on ministerial advice and the Prime Minister sitting in the House of Commons. These conventions have been codified in documents such as the Cabinet Manual.
The uncodified nature of the UK's constitution makes it more difficult to identify and understand. It also enables the constitution to be changed more easily, as no provisions are formally entrenched. While some see this as an advantage, allowing for flexibility and adaptability, others argue that a written constitution would clarify the position of Parliament and provide a single document outlining the laws, liberties, and conventions of the UK.
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Parliamentary sovereignty
The UK's uncodified constitution, with its core aspects dispersed across various sources, allows for greater flexibility and ease of amendment. This flexibility is exemplified in the Parliamentary Acts of 1911 and 1949, which reduced the power of the House of Lords and solidified the primacy of the House of Commons in the legislative process.
The concept of parliamentary sovereignty has deep roots in British history. The Magna Carta, signed in 1215, was a pivotal moment as it limited the monarch's power, making King John subject to the law of the land and guaranteeing key rights and freedoms. This document, along with others like the Bill of Rights 1689, the Acts of Union 1707 and 1800, and the Act of Settlement 1701, form part of the UK's constitutional framework.
The absence of a single constitutional document in the UK has sparked debates about the advantages of a written constitution. Proponents argue that a written constitution would provide clarity and address concerns about parliamentary sovereignty, especially in light of the UK's changing relationship with the European Union. On the other hand, critics contend that a system that has evolved over centuries is better suited to Britain, and creating a written constitution encompassing all laws, liberties, and conventions would be immensely challenging.
In conclusion, parliamentary sovereignty is a fundamental principle of the UK's constitution, empowering Parliament to enact and repeal laws without constitutional constraints. The UK's constitution, with its dispersed nature and lack of formal entrenchment, enables easier amendments but also invites discussions about the potential benefits of a written constitution.
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Democracy
The UK's constitution is spread across various places, including specific Acts of Parliament, constitutional conventions, and judicial decisions. This dispersal can make it more challenging to identify and understand.
The earliest foundation of British democracy can be traced back to 1215, when the barons forced King John to accept the Magna Carta, the "Great Charter of the Liberties of England." This landmark document curbed the monarch's power, making them subject to the law of the land. Two fundamental principles enshrined in the Magna Carta—the right to a fair trial by one's peers and protection from unlawful imprisonment—form the bedrock of British common law.
The Provisions of Oxford in 1258 further evolved governance by establishing a 24-member Council overseen by a parliament and the monarch. This parliament, a precursor to the modern-day House of Commons, was composed of knights, lords, and commoners from towns and cities, marking a significant step toward representative government.
The Act of Settlement of 1701 played a pivotal role in shaping British democracy by regulating succession to the throne and reinforcing the principle of judicial independence. The 1832 Great Reform Act and the Representation of the People Act of 1928 were also pivotal in expanding voting rights to a broader male and female populace, respectively.
Parliamentary sovereignty, a cornerstone of the UK's constitutional framework, empowers Parliament to create or repeal any law without being constrained by a constitutional text. This principle, enshrined in the Parliament Acts of 1911 and 1949, solidified the primacy of the House of Commons and diminished the House of Lords' veto power.
Devolution has also been a significant aspect of British democracy, with the Scotland Act 1998, the Government of Wales Act 1998, and the Northern Ireland Act 1998 transferring legislative powers to these nations and regions.
The UK's democratic framework is further strengthened by political customs and conventions, such as the office of the Prime Minister, who is typically the leader of the largest party after a general election and commands the confidence of the House of Commons.
While the UK's constitution is largely uncodified, comprising written and unwritten arrangements, it is subject to change and adaptation through the democratic processes outlined above.
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Acts of Parliament
The UK constitution is spread across several places, including specific Acts of Parliament. Acts of Parliament are laws passed by the UK Parliament. While the UK is often said to have an "unwritten" constitution, this is not entirely accurate. Instead, the UK constitution is largely written but in different documents, and it has never been codified into a single text.
Other notable Acts of Parliament include the Act of Settlement 1701, which established the independence of the judiciary and the line of succession to the throne, preventing Catholics from ascending. The Acts of Union of 1706-1707 united England and Scotland into a single legislature, the Parliament of Great Britain. The Act of Union 1800 brought about the union of Ireland and Great Britain, though this was controversial as it did not address political discrimination against Catholics.
More recent Acts of Parliament include the Parliament Acts of 1911 and 1949, which reduced the power of the House of Lords and established the primacy of the House of Commons in passing legislation. The Representation of the People Act of 1928 granted all men and women over 21 the right to vote. The European Communities Act 1972 provided for the UK's entry into the European Economic Community, impacting parliamentary sovereignty. The Constitutional Reform Act 2005 altered the structure of the House of Lords, separating its judicial and legislative functions.
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Treaties, statutes, conventions, and judicial decisions
The UK's constitution is spread across several places, including specific Acts of Parliament, understandings of how the system should operate (constitutional conventions), and decisions made by judges. It is often said to be "unwritten", but this is not strictly true; it is largely written but in different documents. It has never been codified and brought together in a single document.
The UK's constitution includes leading statutes, such as 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, and the Scotland Act, Northern Ireland Act, and Government of Wales Act 1998. These Acts of Parliament have special constitutional status.
Constitutional conventions are the unwritten rules that are vital to the workings of the government. Examples include that the monarch acts on ministerial advice, that the Prime Minister sits in the House of Commons, and that the Queen appoints as Prime Minister the person most likely to command the confidence of the House of Commons. These conventions have been codified in documents such as the Cabinet Manual.
Judicial decisions also play a role in the UK's constitution. For example, the case of Ashby v White in 1703 established that the right to vote was a constitutional right. The Act of Settlement of 1701 also established the principle of judicial independence.
Treaties are another important element of the UK's constitution. For example, the Treaty of Union 1707, between the then-independent states of Scotland and England, resulted in the creation of a new state, Great Britain, and a new Parliament, which gave Scottish electors representation in Westminster. The Treaty also stipulated that Scottish private law would continue under a Scottish court system.
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Frequently asked questions
A constitution is a set of principles and rules by which a country is organised and it is usually contained in one document.
The UK's constitution is different from most other countries as it is uncodified, meaning it is not contained in a single document. Instead, it is spread across various statutes, conventions, judicial decisions, and treaties. This makes it easier to change compared to other constitutions.
Examples of the UK's constitutional statutes include the 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, and Government of Wales Act 1998.
