Eleanor Finch
The British Constitution is often said to be ''unwritten', but this is not entirely true. While the UK does not have a single constitutional document, its constitution is spread across various statutes, conventions, judicial decisions, and treaties. These sources govern how the UK is run and include specific Acts of Parliament, such as the Human Rights Act, and constitutional conventions, such as the monarch acting on ministerial advice. The UK's uncodified constitution offers flexibility and allows for a pragmatic approach to changing circumstances. However, it can also be harder to understand and amend compared to codified constitutions. The British Constitution also recognises the principles of international law and includes documents like the Magna Carta and the European Convention on Human Rights.
| Characteristics | Values |
|---|---|
| Nature | The British constitution is largely written but is uncodified, i.e., not brought together in a single document. |
| Sources | Acts of the UK Parliament, conventions, judicial decisions, treaties, and common law. |
| Examples | 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. |
| Principles | Parliamentary sovereignty, rule of law, separation of government into executive, legislative, and judicial branches, accountability of ministers to parliament, and independence of the judiciary. |
| Pros | Flexibility, allowing for a pragmatic approach and easier to amend than codified constitutions. |
| Cons | Harder to understand than codified constitutions. |
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What You'll Learn
unwritten''>The UK constitution is 'unwritten'
The UK is often said to have an 'unwritten' constitution, but this is not strictly true. While the UK does have a constitution, it is not codified—that is, it is not written in a single document. Instead, the UK constitution is spread across various sources, including statutes, conventions, judicial decisions, and treaties. This dispersal can make it more difficult to identify and understand.
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. Examples of conventions include that the monarch acts on ministerial advice and that the Prime Minister sits in the House of Commons. These conventions have been codified in documents such as the Cabinet Manual.
The UK's uncodified constitution has several advantages. One is flexibility; the constitution has been modified frequently over the years in response to changing circumstances. This allows for a pragmatic approach, where different options can be tried, tested, and developed, with an optimal arrangement being refined over time. For example, the uncodified nature of the constitution has enabled 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.
Another advantage of an uncodified constitution is that it is more democratic. While a codified constitution can be difficult to change, the UK's uncodified constitution can be amended more easily. This allows for a more responsive and adaptable political system. However, some argue that the main disadvantage of an uncodified constitution is that it is harder to understand, and there is a risk that political power may become excessively powerful and unconstrained.
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The constitution is spread across various statutes, conventions, judicial decisions and treaties
The British Constitution is spread across various statutes, conventions, judicial decisions and treaties. It is not contained in a single document, but is instead found in a variety of sources, including both law and other less formal documents without legal force. This makes the UK's constitution different from that of most other countries, which typically have codified constitutions.
The statutes, or Acts of Parliament, form a major source for aspects of the UK constitution. These laws provide for the 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, among other things. 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.
Conventions are understandings about how the constitution functions and can be hard to define precisely. Examples of conventions 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, such as those made by the Supreme Court, also play a role in shaping the British Constitution. For example, in R (HS2 Action Alliance Ltd) v Secretary of State for Transport, the Supreme Court held that certain fundamental principles of British constitutional law would not be interpreted as having been given up by membership of the EU or any other international organisation.
Finally, international treaties signed by the UK, such as the Palermo protocols, and membership of international organisations, also influence the British Constitution. The UK's consistent support for organisations formed under international law since the World Wars has been a factor in this regard.
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The constitution is flexible and pragmatic
The UK's constitution is often described as ''unwritten', but this is not entirely accurate. While it is not codified, it is largely written in different documents. The UK's constitution is spread across several places, including specific Acts of Parliament, understandings of how the system should operate (constitutional conventions), and judicial decisions. This dispersal makes the UK constitution harder to identify and understand.
The UK constitution is flexible and pragmatic. Its proponents argue that its uncodified nature allows for a flexible approach, where different options can be tried, tested, and improved over time. This flexibility has enabled the UK to remove hereditary peers from the House of Lords, introduce the Human Rights Act, devolve power to Scotland, Wales, and Northern Ireland, and create the Supreme Court.
The UK constitution has been modified frequently to adapt to changing circumstances. For example, the UK constitution has evolved over time to reflect key historical events, such as the English Reformation, the Civil War, the Glorious Revolution of 1688, and the Acts of Union in 1707. These events contributed to the establishment of parliamentary sovereignty, with Acts of Parliament becoming the supreme source of law.
The flexibility of the UK constitution is further demonstrated in the ability to incorporate principles of international law. For instance, the UK's consistent support for organisations formed under international law, such as its membership in major international organisations, influences the interpretation and application of domestic law. The UK's uncodified constitution allows for easier amendments compared to countries with elaborate amendment procedures in their codified constitutions.
The UK's uncodified constitution has its challenges. The absence of a single constitutional document can make it more difficult to understand the UK's political system. However, the UK constitution's flexibility enables a pragmatic approach to governance, allowing for continuous refinement and adaptation to meet the needs of a changing society.
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Parliamentary sovereignty is a core principle
The UK constitution is spread across various statutes, conventions, judicial decisions, and treaties, which collectively govern how the country is run. It is not contained in a single document, unlike most other countries. This dispersal makes the UK constitution harder to identify and understand.
Parliamentary sovereignty has evolved over time through significant historical events such as the English Reformation, the Civil War, the Glorious Revolution of 1688, and the Acts of Union 1707. These events established Parliament as the dominant branch of the state, above the judiciary, executive, monarchy, and church.
While parliamentary sovereignty is a defining feature of the British Constitution, it is not without limitations. Parliament can limit its law-making power, as seen in the Human Rights Act, or devolve legislative power, as in the Scotland Act. Additionally, the UK's membership in international organisations and its commitment to international treaties can influence and shape the use of parliamentary power.
The lack of a codified constitution in the UK places significant responsibility on members of parliament to uphold key constitutional principles. The advantages of an uncodified constitution include flexibility and the ability to amend it more easily than in countries with codified constitutions. However, this also makes it more challenging to understand and amend specific aspects of the constitution.
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The constitution includes the rule of law
The UK is often said to have an "unwritten" constitution, but this is not entirely accurate. While the UK does not possess a single constitutional document, it does have a constitution that is spread across various statutes, conventions, judicial decisions, and treaties. This dispersal can make it challenging to identify and understand.
One of the core principles of the British Constitution is the rule of law. This principle asserts that Acts of Parliament are the supreme source of law, with Parliament possessing the ultimate law-making power to create or abolish any law. This parliamentary sovereignty is a defining feature of the British Constitution and is typically justified by the democratic election of Parliament and its role in upholding human rights and international law.
The rule of law has been a fundamental principle of the British Constitution since its earliest times. It asserts that the monarch, as the head of the executive branch, is subject to the laws of the land. This principle has been further reinforced by constitutional statutes and judicial interpretations over time.
The separation of powers is another crucial aspect of the British Constitution. The government is divided into executive, legislative, and judicial branches, with each branch having specific roles and responsibilities. The independence of the judiciary is also key, ensuring that legal decisions are made impartially and free from political influence.
The British Constitution also emphasises the accountability of ministers to Parliament. This means that government ministers are responsible for their actions and decisions and are answerable to Parliament, ensuring a system of checks and balances.
In summary, the British Constitution includes the rule of law as a core principle, alongside the separation of powers, parliamentary sovereignty, the independence of the judiciary, and the accountability of ministers. These principles collectively contribute to the functioning of the UK's unique, uncodified constitution.
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Frequently asked questions
A constitution is a set of principles and rules by which a country is organised.
Yes, the UK does have a constitution, but it is not contained in a single document.
The British Constitution is made up of various statutes, conventions, judicial decisions, and treaties. Examples of constitutional statutes include the Bill of Rights 1689, Acts of Union 1707 and 1800, and the Human Rights Act 1998.
Codified constitutions are typically produced following a major historical turning point, such as a revolution or a collapse of the previous system of government. The UK has not experienced such a turning point, and therefore has not felt the need to codify its constitution.
Some argue that the UK's uncodified constitution allows for more flexibility and enables a more pragmatic approach to governance. It is also easier to amend than a codified constitution, which can facilitate necessary changes, such as the introduction of the Human Rights Act and the devolution to Scotland, Wales, and Northern Ireland.
