Isabella Carter
The United Kingdom is one of the few countries in the world that does not have a written constitution. Instead, it has an uncodified constitution, meaning that it is not bound by a single document but is instead spread across various sources, including statutes, conventions, judicial decisions, and treaties. This makes the UK constitution flexible and easily amendable, as no provisions are formally entrenched. The constitution of the UK comprises written and unwritten arrangements that establish the United Kingdom of Great Britain and Northern Ireland as a political body. While the UK does not have a formal written constitution, it has a set of rules and regulations constituted by jurisprudence and laws, as well as treaties and international agreements to which the country has signed up.
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What You'll Learn
The UK constitution is uncodified
The UK constitution is an uncodified constitution, which means that it is not bound by a single document. Instead, it is spread across various sources, including statutes, conventions, judicial decisions, and treaties. While the UK does have a constitution, it is not written down in a single document like most other countries. This makes it harder to understand and interpret, but it also allows for greater flexibility and ease of amendment.
The UK's uncodified constitution has evolved organically over time, adapting to political, economic, and social changes. It includes landmark statutes such as the Bill of Rights of 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. These statutes form a major source for aspects of the UK constitution, providing for devolution settlements, the right to vote and hold elections, upholding human rights, prohibiting discrimination, and establishing the Supreme Court, among other things.
Constitutional conventions, or unwritten rules of constitutional practice, are another important aspect of the UK's uncodified constitution. These conventions include understandings about how the constitution functions, such as the monarch acting on ministerial advice and the Prime Minister sitting in the House of Commons. While these conventions lack legal force, they are nevertheless binding and play a crucial role in governing the country.
The UK's uncodified constitution also includes various judicial decisions made by judges that help determine how the system works. For example, in R (UNISON) v Lord Chancellor, the Supreme Court held that the government's imposition of fees for employment tribunal claims undermined the rule of law. This affirmed the constitutional principle of access to justice and the independence of the judiciary.
The main disadvantage of an uncodified constitution is that it lacks the clarity and predictability of a written constitution. It can be harder to understand and interpret, as the constitutional principles are spread across multiple sources. However, the flexibility of an uncodified constitution can also be seen as an advantage, as it allows for easier amendment and adaptation to changing circumstances.
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Parliamentary sovereignty
The United Kingdom is one of the few countries in the world that does not have a written constitution. Instead, it has an uncodified constitution, which means that it is not bound by a single document but is instead spread across various sources, including statutes, conventions, judicial decisions, and treaties. This makes the UK constitution more challenging to identify and understand, and it is constantly evolving.
The UK's uncodified constitution has evolved organically over time, responding to political, economic, and social changes. It is founded on historical English law and various charters and bills drawn up by the English Parliament before the creation of the United Kingdom. The Magna Carta, issued by King John of England in 1215, is considered the founding document of England's constitution. Other landmark statutes include the Bill of Rights of 1689, the Acts of Union 1707 and 1800, the Act of Settlement 1701, the Parliament Acts 1911 and 1949, and the Human Rights Act 1998.
The absence of a codified constitution places the responsibility on the members of Parliament to uphold key constitutional principles. Parliamentary sovereignty is not absolute, as demonstrated by the Supreme Court's rulings on constitutional issues. The UK's membership in international organisations and its adherence to international law also influence the British constitution.
In summary, the UK's uncodified constitution is characterised by parliamentary sovereignty, enabling the Parliament to create and amend laws without a single binding document. However, this sovereignty is not unlimited and is balanced by other constitutional principles, judicial interpretations, and international obligations.
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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 have a single written constitution, it does have a constitution that is spread across various sources, including statutes, conventions, judicial decisions, and treaties. This is known as an uncodified constitution.
One of the core principles of the British Constitution is the rule of law. The rule of law was recognised as a "constitutional principle" in Section 1 of the Constitutional Reform Act 2005, which limited the judicial role of the Lord Chancellor and reformed the judicial appointments system to promote independence, diversity, and merit.
In practice, the rule of law ensures that everyone, including powerful entities and companies, is subject to the law. Court proceedings should be swift, and individuals should have access to justice. For example, in R (UNISON) v Lord Chancellor, the Supreme Court ruled that the government's imposition of excessive fees for employment tribunal claims violated the rule of law by hindering access to justice.
The UK's uncodified constitution allows for flexibility and ease of amendment. However, it can also present challenges in understanding and interpreting the constitution as a whole. The dispersal of constitutional principles across multiple sources may make it more challenging to identify and uphold key constitutional principles.
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The role of the monarch
The UK is one of the few countries in the world that does not have a written constitution. Instead, it has an uncodified constitution comprising written and unwritten arrangements that establish the United Kingdom of Great Britain and Northern Ireland as a political body. The UK's constitution is spread across several places, including specific Acts of Parliament, understandings of how the system should operate (constitutional conventions), and various decisions made by judges that help determine how the system works.
While the monarch has residual (prerogative) powers, their role in the nation's government is mostly ceremonial. They are expected to act on ministerial advice and uphold democratic values. For example, the monarch is expected to remain politically neutral and not involve themselves in the running of the government.
The relationship between the monarch and Parliament is also governed by these conventions. One example is the convention that the Prime Minister sits in the House of Commons. The uncodified nature of the British constitution means that it is constantly evolving and can be easily changed as no provisions are formally entrenched.
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The UK constitution is spread across multiple sources
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 include the monarch acting on ministerial advice, the Prime Minister sitting in the House of Commons, and the Queen appointing as Prime Minister the person most likely to command the confidence of the House of Commons.
The UK's uncodified constitution has developed from historic English law, with founding principles and essential laws going back to charters and bills drawn up by the English parliament before the creation of the United Kingdom. The Magna Carta, issued by King John of England in 1215, is considered the founding document of England's constitution.
The UK's constitution is easily changed as no provisions are formally entrenched. This flexibility can be seen as an advantage, enabling changes such as the removal of hereditary peers from the House of Lords and the introduction of the Human Rights Act. However, it also means that the constitution is in a state of constant flux, and it is harder to understand compared to codified constitutions.
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Frequently asked questions
The British Constitution is known as an "uncodified constitution".
The British Constitution is not codified because it is not written in a single document. Instead, it is found in leading statutes, conventions, judicial decisions, and treaties.
Examples of constitutional statutes include the 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.
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.
