Simone Lawson
The British constitution is an uncodified constitution, which means it is not bound by a single document but is instead made up of various statutes, judicial precedents, conventions, treaties, and other sources. It is one of the oldest constitutional systems in the world, dating back over a thousand years. The constitution has multiple guardians, including the Supreme Court, the House of Lords Constitution Committee, the Commons Public Administration and Constitutional Affairs Committee, and specific constitutional watchdogs. The core principles of the British Constitution include parliamentary sovereignty, the rule of law, democracy, and upholding international law. The sources of the UK constitution are varied, including both law and other less formal documents, such as the Magna Carta, which is considered a foundational constitutional text.
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What You'll Learn
The UK constitution is uncodified
The UK is sometimes described as having an 'uncodified constitution'. This means that unlike in some other countries, we do not have a single, unified document that sets out our constitution. Instead, the UK constitution is made up of various sources, including statutes, case law, conventions, and works of authority. This might seem unusual, but it is a system that has evolved over many centuries and reflects the unique history and political culture of the UK.
Having an uncodified constitution has both advantages and disadvantages. On the one hand, it allows for flexibility and adaptability. Because the constitution is not rigidly set out in a single document, it can evolve and adapt to changing circumstances over time. It also allows for a certain amount of ambiguity and discretion, which can be useful in resolving political disputes or interpreting vague legal principles.
However, there are also drawbacks to an uncodified constitution. One of the most commonly cited disadvantages is that it can lack clarity and certainty. Without a single, unified document, it can sometimes be difficult to identify exactly what the constitutional position is on a particular issue. This can lead to confusion and disagreement, as different people may interpret the constitution in different ways.
Another consequence of an uncodified constitution is that it disperses power more widely throughout the political system. Because the constitution is not codified in a single document that can be amended or overturned by a simple majority, it becomes more difficult for any one political party or group to make sweeping changes to the constitutional settlement. This dispersion of power can be seen as a feature of the UK's democratic system, ensuring that any constitutional changes must command broad consensus and support.
Despite being uncodified, the UK constitution is not completely unwritten. A significant portion of it is made up of statutes, or Acts of Parliament, which are written laws that can be found in the statute books. These statutes cover a wide range of topics, from the powers of the monarch to the structure and functioning of Parliament itself. In this sense, the UK constitution has a 'hybrid' nature, combining written and unwritten elements.
In conclusion, the UK's uncodified constitution is a unique and complex feature of our political system. It has evolved over many centuries and continues to adapt to the changing needs of the country. While it may lack the clarity and certainty of a codified constitution, it offers flexibility, adaptability, and a dispersion of power that reflects the UK's democratic values. Understanding and interpreting the UK constitution requires an appreciation of its historical context, political practices, and the interplay between its various sources.
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Parliamentary sovereignty
The British constitution is an uncodified constitution, meaning it is not bound by a single document. Instead, it is made up of various statutes, judicial precedents, conventions, treaties, and other sources. This makes it easier to amend than constitutions in countries with codified constitutions.
One of the central elements of the British constitution is parliamentary sovereignty. This means that Acts of Parliament are the supreme source of law, and Parliament can make or unmake any law. This principle was established through a series of historical events, including the English Reformation, the Civil War, the Glorious Revolution of 1688, and the Acts of Union in 1707. During these periods, Parliament asserted its dominance over other branches of the state, including the judiciary, executive, monarchy, and church.
The concept of parliamentary sovereignty is often associated with the idea that "Parliament cannot bind itself". This means that while Parliament is the ultimate law-making authority, it is not bound by its predecessors' laws and can therefore change or repeal them. This flexibility allows for the removal of outdated laws and the adaptation of legislation to meet the changing needs of society.
However, it is important to note that parliamentary sovereignty is not without limits. For example, the Human Rights Act 1998 marked a significant shift in the relationship between individuals and the state, and between the courts and political branches of government. This Act limited Parliament's law-making power in certain areas to protect individuals' human rights. Additionally, the UK's membership in international organisations and its commitment to international law also influence and shape parliamentary sovereignty.
While the UK constitution lacks a single constitutional document, certain Acts of Parliament, such as the Magna Carta, are considered fundamental to the country's constitutional framework. The Magna Carta, issued by King John of England in 1215, represented a significant point in the development of the UK's constitutional system. It established the right of Parliament to exist for "common counsel" and granted common people access to common land for farming, grazing, hunting, and fishing.
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Rule of law
The British constitution is different from many other countries in that its core aspects are not contained in a single legal source. It is not a 'written' or codified constitution. Instead, it is found in leading statutes, conventions, judicial decisions, and treaties.
The rule of law is a fundamental principle underpinning the UK constitution. It is one of the 'twin pillars' of the constitution, the other being parliamentary sovereignty. The rule of law has been described as the predominance of regular law over arbitrary power, equality before the law, and that constitutional laws are the consequence, not the source, of individual rights.
Core principles of the rule of law include limits on state power, protection for fundamental rights, and judicial independence. It requires the law to be followed by all and ensures that legal rights are fulfilled in practice. It also provides the means for various other core aspects of democracy to be safeguarded, for example, ensuring that laws made by parliament are enforced and that fair conduct of elections is guaranteed.
The rule of law is frequently cited in political debate and is a key topic monitored by those worried about democratic backsliding. The precise details of the rule of law are debated, but its central tenets are widely recognised.
The rule of law was recognised as a "constitutional principle" in the Constitutional Reform Act 2005, which limited the judicial role of the Lord Chancellor and reformed the judicial appointments system.
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Democracy
The British constitution is one of the oldest constitutional systems in the world, dating back over a thousand years. It is characterised by the stability of its governing institutions, its capacity to absorb change, a bicameral legislature, and the concept of responsible government.
The UK constitution does not exist as a single document but is instead spread across various sources, including specific Acts of Parliament, particular understandings of how the system should operate (known as constitutional conventions), and various decisions made by judges that help determine how the system works.
One of the most important sources of the UK constitution is the Magna Carta, which was issued by King John of England in 1215. The Magna Carta granted the right of Parliament to exist for "common counsel" before any tax, against the divine right of kings to rule. It also guaranteed common land to the people to farm, graze, hunt or fish, though aristocrats continued to dominate politics. The Magna Carta is often seen as a foundational text for the UK constitution, influencing the history of democracy in the Middle Ages and the early history of parliamentarism.
Another important source of the UK constitution is the Bill of Rights of 1689, which established certain rights and liberties for the people of England and set limits on the power of the monarchy.
The UK constitution also includes various other statutes, judicial precedents, treaties, and other sources. For example, the Human Rights Act 1998 marked a significant change in the relationship between the individual and the state, and between the courts and the political branches of government.
The UK constitution has multiple guardians, including the Supreme Court, the House of Lords Constitution Committee, the Commons Public Administration and Constitutional Affairs Committee, the Lord Chancellor, and specific constitutional watchdogs such as the Judicial Appointments Commission and the Electoral Commission. In the absence of a codified constitution, Parliament is the ultimate guardian of the UK constitution.
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International law
The UK has a strong commitment to the international rule of law. After the First World War, Britain championed the establishment of a Permanent Court of Justice, and since 1930, the UK has accepted the compulsory jurisdiction of the International Court of Justice. This demonstrates the UK's commitment to binding international dispute settlement, which is an essential element of the national rule of law.
In the UK, international law is considered separate from domestic law, and domestic legislation is required to implement international obligations. Treaties must be laid before Parliament, where they can be debated, and if they involve changing UK law, Parliament must scrutinise and enact any necessary legislation before the UK consents to be bound. An example of this is the European Convention on Human Rights, which only became part of national law after Parliament passed the Human Rights Act 1998.
The relationship between national legal systems and international law is complex and variable. While some countries consider international law part of their domestic law, others, like the UK, treat it as a separate legal order. National law can become international law when treaties permit national jurisdiction to supranational tribunals, such as the European Court of Human Rights or the International Criminal Court. Treaties may also require national law to conform to their provisions.
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Frequently asked questions
The British Constitution is an uncodified constitution that comprises written and unwritten arrangements that establish the United Kingdom of Great Britain and Northern Ireland as a political body. It includes various statutes, judicial precedents, conventions, treaties, and other sources.
The sources of the British Constitution are varied, including both law and other less formal documents without legal force. Certain pieces of primary legislation enacted by the UK Parliament, such as the Magna Carta, form a major source for aspects of the UK constitution. Other sources include constitutional conventions, which are understandings about how the constitution functions, and common law, where judges declare the law derived from custom and precedent.
Core principles of the British Constitution include parliamentary sovereignty, the rule of law, democracy, upholding international law, the separation of government into executive, legislative, and judicial branches, the accountability of ministers to parliament, and the independence of the judiciary.
A disadvantage of an uncodified constitution is that it is harder to understand as it is spread across multiple places. However, an advantage is that it is easier to amend, enabling changes such as the removal of hereditary peers from the House of Lords, the introduction of the Human Rights Act, and devolution to Scotland, Wales, and Northern Ireland.
