Eleanor Finch
The United Kingdom's constitution is uncodified, unlike most other modern liberal democracies, and is instead spread across various statutes, judicial precedents, conventions, and treaties. The UK's constitution has developed gradually since the Middle Ages, with key Acts of Parliament, such as the Bill of Rights 1689, the Act of Settlement 1701, and the Acts of Union 1707, contributing to the establishment of parliamentary sovereignty and the curtailment of monarchical powers. The UK's constitution is guarded by multiple entities, including the Supreme Court, the House of Lords Constitution Committee, and Parliament itself, which serves as the ultimate guardian.
| Characteristics | Values |
|---|---|
| Date of creation | 1215 |
| Purpose | To reach an agreement between King John and a group of English barons who had been part of a rebellion against the King |
| Inspired by | English law |
| Influenced by | Future developments, such as habeas corpus |
| Influenced | The American Bill of Rights, the English Bill of Rights, the Claim of Right, the concept of parliamentary sovereignty, and the curtailment of the powers of the monarch |
| Other | The UK constitution is an uncodified constitution made up of various statutes, judicial precedents, conventions, treaties, and other sources |
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What You'll Learn
The UK's uncodified constitution
The UK's constitution is an uncodified constitution, which means it is not a single document but a set of laws, statutes, and other sources that have developed over time. The UK constitution is made up of various sources, including Acts of Parliament, judicial precedents, conventions, and treaties.
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Parliamentary sovereignty
The United Kingdom's constitution is an uncodified constitution made up of various statutes, judicial precedents, conventions, treaties, and other sources. The UK Parliament is often described as 'sovereign', with parliamentary sovereignty being one of the four main constitutional principles recognised by the courts. This means that Parliament can make or unmake any law, without being limited by a constitutional text.
The development of the UK's constitution can be traced back to the Middle Ages, evolving gradually in response to various crises. The English Reformation, Civil War, Glorious Revolution of 1688, and Acts of Union in 1707 were pivotal moments in solidifying Parliament's dominance over other branches of the state, including the judiciary, executive, monarchy, and church.
The Magna Carta, signed in 1215, was a significant early step towards recognising individual liberties and limiting the monarch's power. It established that no free man could be imprisoned or stripped of his rights without "the lawful judgement of his equals or by the law of the land". However, it was not until much later that a power to make laws independently of the monarch emerged.
The English Bill of Rights of 1689, inspired by the earlier Petition of Right (1628) and Habeas Corpus Act (1679), further curtailed royal authority and established the independence of Parliament. It required royal laws to have Parliament's consent and included provisions to protect individual liberties and security. The Act of Settlement in 1701 enhanced Parliament's power by giving it the right to decide on the line of succession, preventing Catholics from ascending the throne.
The Acts of Union of 1706-1707 united England and Scotland, which shared a monarch since 1603, into a single legislature: the Parliament of Great Britain. This further entrenched the concept of parliamentary sovereignty.
In summary, the UK's constitution recognises parliamentary sovereignty, allowing Parliament to be the supreme source of law. Over time, through various historical events and legislative changes, Parliament gained dominance over other branches of the state, shaping the UK's constitutional framework.
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The rule of law
The English Bill of Rights of 1689, inspired by the earlier Petition of Right (1628) and Habeas Corpus Act (1679), further entrenched the rule of law. It limited royal power, reaffirmed civil rights, and established the authority and independence of Parliament in relation to the monarch. This marked a shift towards a constitutional monarchy, where the powers of the monarch were curtailed, and the sovereignty of Parliament was paramount.
The judiciary also plays a crucial role in upholding the rule of law. The independence of the judiciary is protected, with provisions safeguarding judges' salaries and positions. The Supreme Court, as the highest court of appeal, interprets and upholds constitutional principles, ensuring that the rule of law is maintained and respected.
The British constitution, with its principles of parliamentary sovereignty, the rule of law, and judicial independence, has influenced the constitutions and legal systems of other countries, particularly those with a historical connection to the British Empire, such as the United States. The spread of these constitutional principles has had a lasting impact on the development of governance and democracy worldwide.
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The Bill of Rights 1689
The UK constitution is an uncodified constitution made up of various statutes, judicial precedents, conventions, treaties, and other sources. It is not a single document, and it can be altered relatively easily by the government of the day.
The Bill of Rights set out certain basic civil rights and changed the succession to the English Crown. It was largely based on the ideas of political theorist John Locke and set out a constitutional requirement for the Crown to seek the consent of the people as represented in Parliament. The Bill of Rights also established the rights of Parliament, including regular parliaments, free elections, and parliamentary privilege. It listed individual rights, including the prohibition of cruel and unusual punishment and the right not to pay taxes levied without parliamentary approval.
The Bill of Rights received royal assent on 16 December 1689. It is considered a basic document of the uncodified British constitution, along with the Magna Carta, the Petition of Right, the Habeas Corpus Act 1679, and the Parliament Acts of 1911 and 1949.
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The Magna Carta
The UK constitution is not a codified document but is made up of various sources, including law and other less formal documents. The UK Parliament is sovereign, meaning it can make or unmake any law without being limited by a constitutional text.
> "No free man shall be seized or imprisoned or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgement of his equals or by the law of the land."
The charter was annulled soon after it was agreed, leading to the First Barons' War. King John died during this conflict, and his successor, Henry III, reissued the Magna Carta in 1216, stripped of its more radical content, in an attempt to build political support. The document was reissued several more times, in 1217, 1223, and 1225, and was eventually enshrined in English statute law in 1297.
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Frequently asked questions
The earliest date in the history of the UK constitution is 1215 when the barons forced King John to accept the Magna Carta, the 'Great Charter of the Liberties of England', which limited the power of the king, making him subject to the law of the land.
The barons wanted to limit the power of the king and make him subject to the law of the land. Two of the Magna Carta's key principles, the right to a fair trial by one's peers and protection from unlawful imprisonment, form the basis of common law in Britain.
The Magna Carta influenced future developments such as 'habeas corpus', which states that a person may not be detained without legal reason. It also predated the existence of the UK by five centuries and was an English document.
Parliamentary sovereignty, 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.
