Omar Bennett
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 contained in a single document. Instead, the various statutes, conventions, judicial decisions, and treaties that govern how the UK is run are collectively referred to as the British Constitution. This makes the UK's constitution different from those of most other countries, which typically have codified, written constitutions that outline the major duties, powers, and functions of the institutions of government and the rights and duties of individuals. The UK's uncodified nature means that there is no special legal procedure for changing the constitution, allowing for greater flexibility in how the country is governed.
| Characteristics | Values |
|---|---|
| Nature of the UK Constitution | The UK constitution is largely written, but in different documents. It has never been codified or brought together in a single document. |
| The UK constitution is flexible and can be altered relatively easily by the government of the day. | |
| The UK constitution is a monarchical constitution, rather than a republican one, and it is a Parliamentary constitution rather than a Presidential one. | |
| The UK constitution is unitary. The UK has no states, so while the central government can choose to give out powers to devolved assemblies and local councils, it can take those powers back at any time as they are not guaranteed by the constitution. | |
| Purpose of the UK Constitution | The constitution creates and defines the powers of different political institutions and determines how they should relate to each other. |
| It sets out the limits of these powers and regulates the relationship between the state and its citizens. | |
| It places limitations and obligations on governmental organisations in their relationship with the people, and provides opportunities for the public to influence the political process. |
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What You'll Learn
The UK constitution's nature and historical development
The UK constitution is unique in nature when compared to other modern liberal democracies. Unlike most countries, the UK does not possess a single constitutional document. Instead, its constitution is spread across various sources, including Acts of Parliament, constitutional conventions, and judicial decisions. This dispersal can make it challenging to identify and understand.
Historically, the UK constitution has evolved over hundreds of years without experiencing any significant revolutions or invasions that wiped away existing constitutional arrangements. This stability is a key factor in why the UK has never felt the need to codify its constitution into a single document. The UK's one revolution in the 17th century, which briefly produced a codified constitution (Cromwell's Instrument of Government), was an exception that did not lead to a lasting tradition of written constitutions.
The UK's uncodified constitution has advantages and disadvantages. On the one hand, it provides flexibility and adaptability to the country's governance, allowing it to change and evolve with the needs of society. For example, the UK Parliament could amend the composition of the House of Lords through the 1999 Act, something that would have been more challenging with a codified constitution. On the other hand, the lack of a single document outlining fundamental principles makes the UK constitution harder to understand and may lead to concerns about excessive government power without sufficient legal constraints.
The core principles of the UK constitution include parliamentary sovereignty, the rule of law, the separation of powers, the accountability of ministers to parliament, and the independence of the judiciary. Parliamentary sovereignty is a defining feature, with Parliament possessing the ultimate law-making power to create or abolish any law without being limited by a constitutional text. This sets the UK apart from countries with ''entrenched' constitutions, such as the United States, where additional requirements must be satisfied to amend the constitution.
Key Features of the UK Constitution Explained
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The UK constitution's purpose and function
The UK constitution is a set of principles, rules and laws that establish and underpin the UK's political system. It is different from most other countries in that it is not contained in a single legal source or document. Instead, it is largely written, but in different documents, including specific Acts of Parliament, constitutional conventions, and various decisions made by judges.
The UK's constitution is flexible, with no special legal procedure for changing or amending it. This means that the way the UK is governed can be adjusted to match the needs of the current society. For example, Parliament could change the composition of the House of Lords by passing the 1999 Act, with the Judiciary having no power to challenge that. This flexibility is a key advantage of an uncodified constitution. It has enabled the removal of hereditary peers from the House of Lords, the introduction of the Human Rights Act, devolution to Scotland, Wales, and Northern Ireland, and the creation of the Supreme Court.
However, the uncodified nature of the UK constitution also has disadvantages. It is harder to understand, as it is spread across various sources. There is also no clear concept of a 'higher law', and no special procedures for changing the constitution itself. This means that a 'constitutional statute' can be repealed or amended by simple majority votes in Parliament, like any other legislation.
The UK's constitution has evolved over hundreds of years and reflects the country's history. It is a monarchical and parliamentary constitution, with parliamentary sovereignty being commonly regarded as its defining principle. The central justification for parliamentary sovereignty is its democratic nature, although it was only with the Representation of the People (Equal Franchise) Act 1928 that Parliament could be said to have finally become "democratic" in any modern sense.
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The UK constitution's flexibility and adaptability
The UK constitution is flexible and adaptable by nature. Unlike most other countries, the UK does not have a single constitutional document. Instead, it has an 'unwritten' constitution, spread across various sources, including specific Acts of Parliament, constitutional conventions, and judicial decisions. This lack of codification makes the UK constitution more adaptable than those of other countries. It can be amended through simple majority votes in Parliament, without the need for special procedures. This flexibility has enabled significant changes such as the removal of hereditary peers from the House of Lords, the introduction of the Human Rights Act, devolution to Scotland, Wales, and Northern Ireland, and the creation of the Supreme Court.
The UK's constitution is flexible due to its uncodified nature. While some argue that the UK constitution should be written and codified, others claim that its uncodified state does not diminish its constitutional status. Legal scholar Eric Barendt asserts that the UK constitution's uncodified nature does not preclude it from being characterised as a "constitution". He does, however, acknowledge that the lack of an effective separation of powers and the dominance of parliamentary sovereignty over fundamental rights make it a "façade" constitution to some extent.
The adaptability of the UK constitution is further enhanced by its ability to evolve over time. Unlike countries that underwent revolutions or invasions, the UK's constitutional arrangements have remained relatively stable. This stability has allowed the UK to gradually develop its constitution, reflecting its unique history. The UK's constitution has evolved over hundreds of years, adapting to the changing needs of society. For example, the Representation of the People (Equal Franchise) Act 1928 extended voting rights, and the Human Rights Act 1998 ensured the European Convention on Human Rights was directly applied by the courts.
The UK constitution's flexibility is also reflected in its unitary nature. As a unitary state, the UK central government holds ultimate power and can grant or revoke powers to devolved assemblies and local councils as needed. This contrasts with federal systems like the US, where power is constitutionally divided between the federal government and the states. The UK's unitary system allows for greater adaptability in responding to the diverse needs of its constituent nations and regions.
While the UK constitution's flexibility and adaptability offer advantages, there are also challenges. The lack of a single constitutional document can make it more difficult to identify and understand the UK's constitutional principles. Additionally, the dominance of parliamentary sovereignty and the reduction in checks on governmental power have raised concerns about excessive government power and the potential erosion of fundamental rights. Nonetheless, the UK constitution's flexibility enables it to adapt to societal changes and evolving democratic ideals.
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The UK constitution's relationship with parliamentary sovereignty
The UK's constitution is often described as ''unwritten' or ''uncodified'. This means that, unlike most other countries, it is not contained in a single document. Instead, it is spread across various sources, including specific Acts of Parliament, constitutional conventions, and judicial decisions. This dispersal can make the UK's constitution more challenging to identify and understand.
Parliamentary sovereignty is a fundamental principle of the UK's constitution. It establishes Parliament as the supreme legal authority in the UK, with the power to create, amend, or repeal any law without being constrained by a constitutional text. This concept is unique to the UK Parliament and does not extend to other legislative bodies within the UK, such as the Scottish Parliament or the Northern Ireland Assembly.
The absence of a codified constitution in the UK places Parliament at the apex of power. This means that Parliament can limit or override fundamental rights, as there is no higher law or document to which one can appeal. This has led to concerns about excessive government power and the need for a written constitution to constrain it. However, the UK's uncodified constitution also offers flexibility, allowing for amendments through simple majority votes in Parliament.
The UK's uncodified constitution has evolved through a series of historical developments and revolutions, gradually emerging as the dominant body over the church, courts, and the monarch. The House of Commons has also become the dominant chamber within Parliament, superseding the House of Lords. This evolution of Parliament's power has been central to the UK's constitution and its relationship with parliamentary sovereignty.
While parliamentary sovereignty is a key feature of the UK's constitution, it is not without limitations. For example, the Human Rights Act 1998 and the Scotland Act have limited Parliament's law-making power and devolved legislative power, respectively. Additionally, the UK's membership in international organisations and its adherence to international treaties, such as the European Convention on Human Rights, have also influenced the UK's constitution and, by extension, parliamentary sovereignty.
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The UK constitution's role in protecting fundamental rights and freedoms
The UK's constitution is different from those of many other countries in that it is not contained in a single legal source. It is often described as 'unwritten' or 'uncodified', but this is not entirely accurate, as it is largely written, but in different documents. These include leading statutes, conventions, judicial decisions, and treaties.
The UK constitution plays a crucial role in protecting fundamental rights and freedoms. It establishes the principles, rules, and laws that underpin the political system, creating and defining the powers of different political institutions and setting out the limits of these powers. Parliamentary sovereignty is a defining principle of the UK constitution, with Parliament having the ultimate law-making power to create or abolish any law. However, this power is not without limitations. The UK's membership in international organisations, such as the World Trade Organization and the European Convention on Human Rights, has led to the enactment of laws such as the Human Rights Act 1998, which protect fundamental rights and ensure their observance by public authorities.
The UK constitution also upholds the right to vote in fair elections, with courts actively ensuring that votes cast are counted and that elections are conducted according to the law. The Freedom of Information Act 2000 and the Equality Act 2010 are other examples of statutes that protect rights and freedoms, with the latter prohibiting public authorities from discriminating on various grounds, including race, sex, and disability.
While the UK constitution provides a framework for protecting rights, it has been criticised for lacking an effective separation of powers and allowing Parliament to overrule fundamental rights. The absence of a codified constitution means that there is no clear distinction between constitutional law and regular law, and parliamentary sovereignty can potentially lead to excessive government power without legal constraints.
Despite these concerns, the UK constitution's 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. The UK's constitution, though unique in its dispersal across various sources, ultimately aims to safeguard fundamental rights and freedoms while adapting to the country's evolving needs.
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Frequently asked questions
A constitution is the set of principles, rules and laws that establish and underpin a political system. It creates and defines the powers of different political institutions and determines how they relate to each other.
Yes, the UK does have a constitution, but it is different from most other countries in that it is not contained in a single document. Instead, it is found in various places, including Acts of Parliament, constitutional conventions, and judicial decisions.
The UK has never had a major historic turning point, such as a revolution, defeat in war, or collapse of the government, which typically leads to the creation of a written constitution. The UK's constitution has evolved over hundreds of years without any significant disruptions.
The flexibility of the UK's uncodified constitution allows the country to be governed in a way that matches the needs of the current society. It has enabled changes such as the introduction of the Human Rights Act, devolution to Scotland, Wales, and Northern Ireland, and the creation of the Supreme Court.
The core principles of the UK's constitution include parliamentary sovereignty, the rule of law, the separation of powers, the accountability of ministers to parliament, and the independence of the judiciary.
