Malcolm Rivera
The UK constitution is considered 'unwritten', but this is not entirely accurate. While it has never been codified, the constitution exists in various forms, including statutes, conventions, judicial decisions, and treaties. Over time, three main bodies of sources have emerged as the ingredients of the English constitution. These include leading statutes, such as the Bill of Rights 1689, Acts of Union 1707 and 1800, and the Human Rights Act 1998; conventions, such as the monarch acting on ministerial advice; and judicial decisions, with the judiciary interpreting the law and ensuring any potential violation of fundamental rights is clearly expressed.
| Characteristics | Values |
|---|---|
| Separation of Powers | Separation of executive, legislature and judiciary |
| Parliamentary Sovereignty | The UK Parliament is sovereign and can make or unmake any law |
| Rule of Law | The judiciary interprets the law and ensures any violation of fundamental rights is clearly expressed |
| Flexibility | The UK constitution can be altered relatively easily by the government of the day |
| Uncodified Nature | The UK constitution is uncodified and is found in different documents, including statutes, conventions, judicial decisions, and treaties |
Explore related products
What You'll Learn
unwritten'-but-not-strictly-so'>The UK constitution is 'unwritten' but not strictly so
The UK constitution is often described as 'unwritten', but this characterisation is not entirely accurate. While the UK constitution has never been codified into a single document, it is comprised of various written sources, including statutes, conventions, judicial decisions, and treaties.
The UK's uncodified constitution means that there is no entrenched source of constitutional law. However, over time, three main bodies of sources have emerged as the foundation of the UK constitution. These sources include both law and other less formal documents without legal force.
The first body of sources consists of Acts of the UK Parliament, which form a major source of constitutional principles. 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. These Acts contribute to the development and modification of the UK constitution.
The second body of sources encompasses conventions, which are established practices and customs that guide the behaviour and procedures of government institutions. Examples of constitutional conventions include the monarch acting on ministerial advice, the Prime Minister sitting in the House of Commons, and the appointment of the Prime Minister by the Queen. While these conventions are not legally enforceable, they play a crucial role in shaping the functioning of the UK government.
The third body of sources is derived from judicial review, which occurs when a person challenges the decision of a public body as unlawful. Through judicial review, constitutional principles emerge as the courts interpret the law and hold public bodies accountable to legal standards. This process contributes to the evolution of the UK constitution by ensuring that public bodies act within their lawful powers and respect fundamental rights.
While the UK constitution may not be codified in a single document, the various written sources that comprise it provide a foundation for the country's governance. The absence of a codified constitution places the responsibility for upholding constitutional principles on members of parliament, including MPs and peers. The flexibility of the UK's uncodified constitution allows for easier amendment and adaptation to changing circumstances.
Virginia's Governor: Eligibility Requirements and Constitutional Rules
You may want to see also
The UK constitution is alterable by the government of the day
The UK constitution is often described as ''unwritten', but this is not entirely accurate. While it is true that the UK constitution has never been codified, it does exist in various written forms, including leading statutes, conventions, judicial decisions, and treaties. Over time, three main bodies of sources have emerged.
The flexibility of the UK constitution 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. This adaptability is advantageous, allowing the constitution to evolve and adapt to the needs of the country.
The UK constitution has multiple guardians, including the Supreme Court, which plays a crucial role in interpreting and enforcing constitutional principles through its judgments. The House of Lords also has a role in safeguarding the constitution, and all members of Parliament—MPs and peers—have a responsibility to uphold key constitutional principles.
While the UK constitution is alterable by the government, it is important to note that it is not easily changed. Any Act of Parliament must be read by both houses three times and given royal assent by the monarch to become law. This process ensures a thorough review and consideration of proposed changes to the constitution.
Utah's Founding Fathers: Constitution Writers Elected
You may want to see also
The three branches of government
The UK constitution is considered 'unwritten' but this is not strictly true. While it has never been codified, it is largely written across various different documents. It can be altered relatively easily by the government of the day, and changes more frequently than many other constitutions.
The legislature is made up of both houses of Parliament, which must read each Act of Parliament three times and give it Royal Assent. The judiciary interprets the law and ensures that any law that may violate fundamental rights is clearly expressed. The judiciary is appointed by the Judicial Appointments Commission, with cross-party and judicial recommendations, to protect its independence.
The UK constitution has multiple guardians, including the Supreme Court, the House of Lords, and Parliament itself. Core principles of the British Constitution include the rule of law, the separation of powers, the accountability of ministers to Parliament, and the independence of the judiciary.
Rhode Island's Population Stance in the Constitution
You may want to see also
Explore related products
The Human Rights Act
The UK constitution is considered 'unwritten' but this is not entirely accurate. While it has never been codified, it does exist in various written forms, including leading statutes, conventions, judicial decisions, and treaties. Over time, three main bodies of sources have emerged.
One of the key statutes that form part of the UK constitution is the Human Rights Act 1998. This Act was passed to ensure that the European Convention on Human Rights was directly applied by the courts. The Human Rights Act is an example of how Parliament can limit its own law-making power.
The Act covers a wide range of rights, including the right to life, freedom from torture and degrading treatment, respect for private and family life, freedom of thought, conscience, and religion, freedom of expression, and the right to a fair trial. These rights apply to everyone within the jurisdiction of the UK and are designed to protect individuals from arbitrary interference by the state.
In conclusion, the Human Rights Act is a crucial component of the UK constitution, providing a framework for the protection and enforcement of human rights within the country's legal system. By incorporating international human rights standards into domestic law, the Act ensures that the UK's constitutional principles are in line with global human rights norms.
Understanding Fever in Toddlers: When to Worry
You may want to see also
The European Communities Act 1972
The UK constitution is based on three main sources: Acts of the UK Parliament, judicial review, and constitutional conventions. The UK constitution can be altered by the government, making it more flexible than other constitutions.
The main purpose of the Act was to incorporate European Community Law (later EU law) into UK domestic law. This meant that the UK had to adopt the Community Customs Union, the Common Agricultural Policy, the Common Fisheries Policy, and the judgments of the European Court of Justice. The Act also introduced the Freedom of Trade and provisions such as the right to freedom of movement and the right to freedom to provide services between member states.
The European Communities Bill, which led to the Act, was introduced to the House of Commons on 26 January 1972, just three days after the signing of the Treaty of Accession by Prime Minister Edward Heath. The Bill sparked intense debate, with MPs highlighting the government's structuring of the Bill to limit Parliament's ability to debate the treaty of accession itself. Despite the controversy, the House of Commons voted in favour of the Bill in its second reading on 17 February 1972, with a narrow margin of 309-301. The Bill then progressed to the House of Lords, passing its third and final reading on 13 July 1972 with a closer vote of 301-284.
US vs Russia: Constitutions Compared
You may want to see also
