Isabella Carter
The British constitution is one of the oldest in the world, dating back over a thousand years. It is characterised by the stability of its governing institutions, its capacity to absorb change, a bicameral legislature, and the concept of responsible government. The UK constitution is different from many other countries in that its core aspects are not contained in a single legal source. Instead, it is spread across various statutes, judicial precedents, conventions, treaties, and other sources. While the UK does not have a written constitution, it has an unwritten one resting in the acknowledged and frequently declared privileges of Parliament and the people. The earliest date in the history of the constitution is 1215, when the barons forced King John to accept the Magna Carta, which limited the power of the king and made him subject to the law of the land.
| Characteristics | Values |
|---|---|
| Date | The history of the British constitution dates back to before the four nations of England, Scotland, Wales and Ireland were fully formed, but officially began in 1800. |
| Written or Unwritten | The UK does not have a written or codified constitution. Instead, it has an unwritten one resting in the acknowledged and frequently declared privileges of Parliament and the people. |
| Nature | The British constitution is uncodified and made up of various statutes, judicial precedents, conventions, treaties, and other sources. |
| Development | The British constitution developed gradually in response to various crises. |
| Sources | The sources of the British constitution include Acts of Parliament, historical documents, court judgments, legal precedents, and conventions. |
| Rule of Law | The British constitution is the source of the modern concept of the rule of law, with the Magna Carta in 1215 being a significant point in its development. |
| Parliamentary Sovereignty | The British constitution grants parliamentary sovereignty, with Parliament having the power to overrule fundamental rights. |
| Judicial Independence | The British constitution provides for judicial independence, with judges interpreting and creating law through identifying what the law is. |
| Absorption of Change | The British constitution is characterised by its capacity to absorb change. |
| Governing Institutions | The British constitution ensures the stability of its governing institutions, including the monarchy, the House of Commons, and the House of Lords. |
| Bicameral Legislature | The British constitution has a bicameral legislature, with Parliament consisting of the House of Commons and the House of Lords. |
| Responsible Government | The British constitution promotes the concept of responsible government. |
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What You'll Learn
The UK constitution is uncodified
The UK constitution is made up of various statutes, judicial precedents, conventions, treaties, and other sources. It includes specific Acts of Parliament, such as the Constitutional Reform and Governance Act 2010 and the Fixed-term Parliaments Act 2011, as well as historical documents like the Magna Carta, which limited the power of the king and is considered a significant point in the development of the constitutional system. The UK's common law system also plays a role, with judges interpreting and creating law through their rulings.
The uncodified nature of the UK constitution has been criticised by some, such as legal scholar Eric Barendt, who argues that it lacks an effective separation of powers and that parliamentary sovereignty allows Parliament to overrule fundamental rights. However, Barendt maintains that this does not mean it should not be characterised as a "constitution". The dispersal of the constitution across multiple sources can also make it more difficult to identify and understand.
Despite the lack of a single constitutional document, the UK constitution has been influential in the development of modern concepts such as the rule of law, parliamentary sovereignty, and judicial independence. It has also served as a model for the parliamentary democracy of many countries around the world, particularly those that were part of the British Empire or adopted the Westminster parliamentary system.
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The UK constitution is spread across multiple sources
The earliest date in the history of the UK constitution is 1215, when the Magna Carta, or the "Great Charter of the Liberties of England", was established. This document limited the power of the king, making him subject to the law of the land. Other important sources of the UK constitution include Acts of Parliament, historical documents, court judgments, and legal precedents. The UK's constitution is also influenced by political customs or conventions, which are the unwritten rules that govern the workings of the government. For example, the convention that the Prime Minister should be a member of the House of Commons able to command the confidence of that institution.
The UK's constitution is characterised by the stability of its governing institutions, its capacity to absorb change, a bicameral legislature, and the concept of responsible government. However, some argue that the lack of a written constitution in the UK has led to an excessively powerful government that is not legally constrained by the observance of fundamental rights. This is because, in the UK, a "constitutional statute" can be repealed or amended by simple majority votes in Parliament, without the need for special procedures.
The UK's constitution has also been influenced by international treaties and conventions, such as the European Convention on Human Rights, which was incorporated into British law through the Human Rights Act 1998. This has granted citizens specific positive rights and given the judiciary some power to enforce them. Additionally, the UK's constitution has influenced the constitutions and legal systems of other countries, particularly those that were part of the British Empire, such as the United States.
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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, adapting and consolidating various statutes, judicial precedents, conventions, treaties, and other sources. While the official history of the British constitution began in 1800, its roots extend much further back in time. The earliest recorded influence on the constitution was the Magna Carta in 1215, when barons forced King John to accept limitations on his power, making him subject to the law of the land. This event, though occurring before the formation of the four nations of England, Scotland, Wales, and Ireland, laid the foundation for key principles in common law, including the right to a fair trial and protection from unlawful imprisonment.
The UK constitution is uncodified, meaning it is not contained in a single legal source. Instead, it is spread across various Acts of Parliament, historical documents, court judgments, legal precedents, and conventions. This unique characteristic sets it apart from many other countries' constitutions and has been both praised and criticised. Some argue that the uncodified nature allows for flexibility and adaptability, while others believe it leads to excessive governmental power without sufficient legal constraints.
The UK constitution has influenced the constitutions and legal systems of other countries, particularly those that were part of or influenced by the British Empire, such as the United States and countries that adopted the Westminster parliamentary system. The adoption of British constitutional principles has contributed to the spread of democratic ideals and practices worldwide.
While the UK constitution may lack a single unifying document, its longevity and impact underscore its significance in shaping governance and legal frameworks, both within the UK and beyond. Its ability to evolve and adapt to changing circumstances has contributed to its endurance as one of the oldest and most influential constitutional systems globally.
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The UK constitution has no clear concept of a 'higher law'
The UK constitution, also referred to as the British constitution, is one of the oldest constitutional systems in the world, dating back over a thousand years. It is characterised by the stability of its governing institutions, its capacity to absorb change, a bicameral legislature, and the concept of responsible government. The UK constitution is an uncodified constitution made up of various statutes, judicial precedents, conventions, treaties, and other sources.
Unlike the United States, where the constitution is the 'supreme law', the UK system has no clear concept of a 'higher law'. There is no distinction between what is a constitutional law and what is a regular law. This means there are no special procedures for changing the constitution itself in the UK. If it is determined to do so, a 'constitutional statute' can be repealed or amended by a simple majority vote in Parliament, like any other legislation. This is in contrast to countries like the US, where the constitution is 'entrenched', meaning it needs to satisfy additional requirements to be amended. The UK constitution can be altered relatively easily by the government of the day, and it changes more frequently than many other constitutions.
The UK Parliament is 'sovereign', meaning it can make or unmake any law without being limited by a constitution. However, the legal scholar Eric Barendt argues that the uncodified nature of the UK constitution does not mean it is not a 'constitution', but the lack of an effective separation of powers and the fact that parliamentary sovereignty allows Parliament to overrule fundamental rights, makes it a "façade" constitution to some extent. Albert Venn Dicey, a late 19th/early 20th-century legal scholar, held similar views, arguing that the reduction in checks on governmental power has led to an excessively powerful government that is not legally constrained by the observance of fundamental rights.
The UK constitution has evolved over centuries, with its earliest date being 1215 when the barons forced King John to accept the Magna Carta, which limited the power of the king and made him subject to the law of the land. The rule of law is a fundamental principle underpinning the UK constitution, with core principles including limits on state power, protection of fundamental rights, and judicial independence. The UK constitution is the source of modern concepts such as the rule of law, parliamentary sovereignty, and judicial independence, and its adoption has propagated their spread around the world.
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The UK constitution is the source of modern concepts like the rule of law
The UK Constitution is one of the oldest constitutional systems in the world, dating back over a thousand years. It is characterised by the stability of its governing institutions, its capacity to absorb change, a bicameral legislature, and the concept of responsible government. The UK Constitution is not written down in a single document but is instead made up of various statutes, judicial precedents, conventions, treaties, and other sources.
The rule of law is a defining feature of constitutional democracies and a fundamental principle of the British Constitution. The rule of law in the UK can be traced back to the Magna Carta of 1215, which limited the power of the king, making him subject to the law of the land. The rule of law prevents the abuse of state power, requires the law to be followed by all, and ensures that legal rights are fulfilled in practice. It underpins social functioning and stable economies by providing clear and legitimate dispute resolution mechanisms and facilitating the elimination of corruption.
The UK Constitution is the source of the modern concept of the rule of law, which has been propagated around the world. The adoption of British constitutional principles, including the rule of law, has influenced the constitutions and legal systems of other countries, particularly those that were part of or formerly part of the British Empire, such as the United States. The UK Constitution has also influenced the development of parliamentary democracy in many countries.
The rule of law is emphasised through several ideas, including law and order in contrast to anarchy, the running of the government in line with the law, and normative discussion about the rights of the state compared to the individual. The specific checking of arbitrary power is its oldest and most definitive concept, as a consequence of the Magna Carta. The rule of law requires that all parts of society have a role in upholding it, with ministers responsible for observing the rule of law when developing policy goals and parliament as the key decision-making body, ultimately responsible for upholding the rule of law.
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Frequently asked questions
The British Constitution is not contained in a single legal source and is instead made up of various statutes, judicial precedents, conventions, treaties, and other sources. The earliest date in the history of the constitution is 1215, when the Magna Carta was signed, but the history of the British Constitution officially begins in 1800.
The British Constitution is made up of Acts of Parliament, historical documents, court judgments, legal precedents, and conventions.
The UK did not experience a revolution or moment of political rupture in the late 18th or 19th centuries when written constitutions were most popular, so its constitution has evolved over centuries.
