Malcolm Rivera
The British constitution is one of the oldest in the world, with its earliest date in 1215 when the barons forced King John to accept the Magna Carta, limiting the power of the king and making him subject to the law of the land. The UK constitution is different from many other countries in that it is not contained in a single legal source or codified document, but rather found in various places such as Acts of Parliament, historical documents, court judgments, and conventions. While the UK is often said to have an 'unwritten' constitution, this is not entirely accurate as it is largely written but in different documents and has never been codified.
| Characteristics | Values |
|---|---|
| Date officially beginning | 1800 |
| Written history of law before 1066 | Scant |
| Date of the earliest written history of law | 1215 |
| Date of the Norman Invasion | 1066 |
| Date of the Thirteen Colonies' Bill of Rights | 1689 |
| Date of the Acts of Union | 1707 and 1800 |
| Date of the Act of Settlement | 1701 |
| Date of the Parliament Acts | 1911 and 1949 |
| Date of the Human Rights Act | 1998 |
| Date of the Scotland Act | N/A |
| Date of the Northern Ireland Act | 1998 |
| Date of the Government of Wales Act | 1998 |
| Date of the Constitutional Reform and Governance Act | 2010 |
| Date of the Fixed-term Parliaments Act | 2011 |
| Type | Unwritten or uncodified |
| Number of documents | Spread across multiple documents |
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What You'll Learn
- The UK constitution is not written down in a single document
- The UK constitution is one of the oldest in the world
- The UK constitution is spread across Acts of Parliament, conventions, and judicial decisions
- The UK constitution has influenced other countries' constitutions
- The UK constitution has no clear concept of a 'higher law'
The UK constitution is not written down in a single document
The UK's unwritten or uncodified nature can be attributed to its history. The UK did not experience a revolution or political rupture during the late eighteenth or nineteenth centuries, when written constitutions gained popularity after the American Revolutionary War. The UK's constitution has instead evolved gradually over centuries, with its earliest roots traced back to the Magna Carta in 1215, which limited the power of the monarch.
The UK's constitution can be found in leading statutes, such as the Bill of Rights 1689, Acts of Union 1707 and 1800, the Act of Settlement 1701, the Parliament Acts 1911 and 1949, the Human Rights Act 1998, and various Acts pertaining to Scotland, Northern Ireland, and Wales. Constitutional conventions, or political customs, are also vital to the workings of the UK government. For example, the convention that the Prime Minister should be a member of the House of Commons and command its confidence is not a legal requirement but is a widely accepted practice.
The lack of a codified constitution in the UK has advantages and disadvantages. On the one hand, it provides flexibility and adaptability, as evident in the introduction of the Human Rights Act and the devolution of power to Scotland, Wales, and Northern Ireland. On the other hand, it can be harder to understand and may lead to an excessively powerful government, as there are no explicit limits on Parliament's power. Some argue that a written constitution would provide clarity and impose constraints on Parliament's actions.
While the UK constitution is not codified, it is important to note that it is largely written, just in different documents. These documents include statutes, conventions, judicial decisions, and treaties. The UK is not alone in having an uncodified constitution, as New Zealand and Israel also share this characteristic. The UK's constitution, though unwritten, remains a source of modern concepts such as the rule of law, parliamentary sovereignty, and judicial independence, influencing constitutional systems worldwide.
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The UK constitution is one of the oldest in the world
The UK constitution, often referred to as the British constitution, has evolved over centuries without being codified into a single document. This sets it apart from most other countries, whose constitutions are typically produced following significant historical events such as independence or revolution. The UK's constitution is found in various sources, including leading statutes, conventions, judicial decisions, and treaties. Examples of constitutional statutes include the Bill of Rights 1689, Acts of Union 1707 and 1800, the Act of Settlement 1701, and the Human Rights Act 1998.
Conventions, or political customs, are the unwritten rules that govern the workings of the government. For instance, by convention, the monarch appoints the Prime Minister, who is typically the leader of the largest party after a general election and commands the confidence of the House of Commons. While these conventions were traditionally not written down, they have increasingly been included in official texts such as the Cabinet Manual. The UK's common law system also plays a crucial role in the constitution, with judges interpreting and creating law through custom and precedent.
The UK constitution has undergone significant changes over time, reflecting the country's social and political evolution. For example, the Labour government under Tony Blair instituted constitutional reforms, and the Conservative-Liberal Democrat Coalition introduced the Constitutional Reform and Governance Act 2010 and the Fixed-term Parliaments Act 2011. Despite calls for a written constitution, particularly amid concerns about parliamentary sovereignty in the context of Brexit, the UK's uncodified constitution allows for flexibility and adaptability to changing circumstances.
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The UK constitution is spread across Acts of Parliament, conventions, and judicial decisions
The UK's constitution is spread across various Acts of Parliament, conventions, and judicial decisions. The UK does not have a 'written' or 'codified' constitution like most other modern liberal democracies. Instead, it has an unwritten constitution comprising several documents, making it harder to identify and understand.
The UK constitution can be found in specific Acts of Parliament, such as the Act of Settlement 1701, the Treaty and Acts of Union of 1706-1707, the Parliament Act 1911, and the Human Rights Act 1998. These Acts cover various aspects of the constitution, including the right to vote, the holding of elections, upholding human rights, and the existence of the Supreme Court.
Constitutional conventions, or understandings of how the system should operate, are also part of the UK's constitution. These conventions can be challenging to define precisely and lack legal force. However, they are essential to the UK system of government. Examples include the convention that the Prime Minister should be a member of the House of Commons and that the monarch acts on ministerial advice.
Judicial decisions also play a crucial role in shaping the UK's constitution. The UK has a ''common law' system, where judges interpret and develop the law based on custom and precedent. While the courts interpret the rules, judges can create law through their decisions. For example, the Human Rights Act 1998 allowed individuals to raise human rights claims in UK courts, and the Supreme Court's judgements in cases like Miller/Cherry in 2019 have had constitutional significance.
The UK's constitution has evolved over time, influenced by historical events and social changes. It has also influenced the constitutional systems of other countries, particularly those that were part of the British Empire. While the UK's uncodified nature provides flexibility and adaptability, some argue that it leads to an excessively powerful government that is not legally constrained by fundamental rights.
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The UK constitution has influenced other countries' constitutions
The UK constitution is one of the oldest in the world, dating back over a thousand years. It is unique in that it is not contained in a single legal source but is spread across various places, including specific Acts of Parliament, constitutional conventions, and judicial decisions. This uncodified nature of the UK constitution has been praised for its flexibility, allowing for a pragmatic approach to governance and easier amendment procedures.
The UK constitution has influenced the constitutions and legal systems of other countries, particularly former British colonies and those that were part of the British Empire, such as the United States. The US Constitution and Bill of Rights were influenced by British constitutional principles, including the rule of law, parliamentary sovereignty, and judicial independence. The UK's system of government, with its stability, capacity for change, bicameral legislature, and responsible government, has served as a model for other nations.
The UK's unwritten constitution has also played a significant role in the spread of democratic ideals and the concept of a "democratic society." The Human Rights Act 1998 and the European Convention on Human Rights, as applied in British law, have influenced the interpretation of constitutional governance in other countries. The UK's approach to international law, as seen in cases like Somerset v. Stewart, where Lord Mansfield held that slavery was unlawful "in no country," has also shaped the understanding of constitutional law in other nations.
Additionally, the UK's constitutional conventions, while traditionally unwritten, are increasingly being included in official texts published by the UK government, such as the Cabinet Manual and the Ministerial Code. These conventions, such as the expectation that the Prime Minister should be a member of the House of Commons, shape the functioning of the UK's system of government and have likely influenced other countries' approaches to constitutional conventions.
The UK's constitution, with its unique characteristics and long history, has had a significant impact on the development of constitutional governance and legal systems worldwide. Its influence can be seen in the adoption of similar principles and the spread of democratic ideals, contributing to the evolution of constitutional thinking globally.
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The UK constitution has no clear concept of a 'higher law'
The UK constitution is different from many other countries in that its core aspects are not contained in a single legal source. While the UK constitution is largely written, it is spread across various documents, including specific Acts of Parliament, understandings of how the system should operate (known as constitutional conventions), and decisions made by judges. This dispersal can make it challenging to identify and understand.
The UK system, unlike the United States, lacks a clear concept of a "higher law". This means there is no distinct differentiation between constitutional law and regular law. Consequently, there are no special procedures for amending the constitution itself. A "constitutional statute" can be repealed or modified by simple majority votes in Parliament, similar to any other legislation. This stands in contrast to countries like the United States, where the constitution is "'entrenched,' requiring additional requirements for any amendments.
The UK constitution's uncodified nature has been a subject of debate. While some argue that it should be characterised as a "constitution," others claim that the lack of an effective separation of powers and parliamentary sovereignty that can override fundamental rights make it a "'façade' constitution." The absence of a codified constitution in the UK can be attributed to its unique history. Unlike nations that experienced revolutions or significant political ruptures in the 18th or 19th centuries, the UK did not undergo similar events when written constitutions gained popularity.
The UK's uncodified constitution offers both advantages and disadvantages. On the one hand, it provides flexibility, enabling changes such as the removal of hereditary peers from the House of Lords and the introduction of the Human Rights Act. On the other hand, the lack of a clear concept of a "higher law" has resulted in an excessively powerful government with limited legal constraints on fundamental rights. This has led to arguments for a written constitution to impose limits on parliamentary power.
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Frequently asked questions
No, the UK does not have a 'written' or 'codified' constitution. It does not possess a single constitutional document. However, it does have a constitution that is largely written across different documents.
The sources of the British Constitution are various, including law and other less formal documents, without legal force. The core aspects of the British Constitution are not contained in a single legal source. 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.
The core principles of the British Constitution include the rule of law, the separation of government into executive, legislative, and judicial branches, the accountability of ministers to parliament, and the independence of the judiciary.
