Jonah Patel
The British constitution is unique in that it is not contained in a single legal source but is instead a combination of written and unwritten arrangements. The UK's constitution is made up of various documents, conventions, and regulations that establish the United Kingdom of Great Britain and Northern Ireland as a political body. Parliamentary sovereignty is commonly regarded as the defining principle of the British Constitution, with the UK Parliament being the ultimate guardian. The constitution also recognises some Acts of Parliament as having special constitutional status, such as the Magna Carta and the Bill of Rights. The UK's constitution has evolved over time in response to political, economic, and social changes, and it continues to be a subject of debate and discussion.
| Characteristics | Values |
|---|---|
| Core aspects in a single legal source | No |
| Clear concept of a 'higher law' | No |
| Clear distinction between constitutional law and regular law | No |
| Special procedures for changing the constitution | No |
| Parliamentary sovereignty | Yes |
| Separation of government into executive, legislative, and judicial branches | Yes |
| Accountability of ministers to parliament | Yes |
| Independence of the judiciary | Yes |
| Devolution of power to Scotland, Wales, and Northern Ireland | Yes |
| Multiple guardians of the constitution | Yes |
| Written constitution | No |
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What You'll Learn
The UK constitution is uncodified
The UK is often regarded as a liberal and democratic country with a commitment to freedoms. The UK constitution is uncodified, unlike most other countries, which means there is no single constitutional document that enshrines the rules and regulations. Instead, the UK constitution is a patchwork of authorities, mayors, councils, and devolved governments. It comprises written and unwritten arrangements that establish the United Kingdom of Great Britain and Northern Ireland as a political body.
The UK's uncodified constitution has both advantages and disadvantages. One advantage is that it is more flexible and can be easily changed as no provisions are formally entrenched. For example, it enabled the removal of hereditary peers from the House of Lords, the introduction of the Human Rights Act, and devolution to Scotland, Wales, and Northern Ireland. It also allows for the dynamic evolution of the constitution over time to adapt to changing societal values.
However, a significant disadvantage is that it lacks clarity and can lead to uncertainty, ambiguity, and potential conflicts between different branches of government. The absence of a clear set of rules may also make the legal system more vulnerable to an abuse of power. The powers of the executive, legislative, and judicial branches are not clearly defined, and there is no effective separation of powers.
The UK's uncodified constitution also means that there is no concept of a 'higher law' as found in countries with written constitutions like the United States. In the UK, parliamentary sovereignty is a defining principle, with Parliament having the power to make or unmake any law without being limited by a constitutional text. This has led to criticisms that the UK government is excessively powerful and not legally constrained by the observance of fundamental rights.
While the UK constitution is uncodified, it does have written aspects, including laws, statutes, legislation, and European Union Law. The UK's constitution has multiple guardians, including the Supreme Court, the House of Lords Constitution Committee, specific constitutional watchdogs, and, in the absence of a codified constitution, Parliament itself.
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Parliamentary sovereignty
The UK's constitution is unique in that it is not contained in a single legal source. Unlike many other countries, the UK does not have a written or codified constitution. This means that the UK Parliament is not bound by a constitutional text and can make or unmake any law. The flexibility of an uncodified constitution has enabled the UK to introduce legislation such as the Human Rights Act, devolution to Scotland, Wales, and Northern Ireland, and the removal of hereditary peers from the House of Lords.
The concept of parliamentary sovereignty has been contested, particularly in the context of the UK's membership in the European Union. The European Communities Act of 1972, which marked the UK's entry into the European Economic Community, was seen by some as a challenge to the sovereignty of the Westminster Parliament. This is because European laws can automatically override local laws within the UK. Additionally, the Acts of Union 1707 have been interpreted by some as placing limits on parliamentary sovereignty in Scotland.
Despite these challenges, parliamentary sovereignty remains a fundamental principle of the UK's constitution. The Supreme Court of the United Kingdom has recognised and affirmed this principle, along with others such as the rule of law, democracy, and upholding international law. The UK's constitution is guarded by various institutions, including the Supreme Court, the House of Lords Constitution Committee, and specific constitutional watchdogs.
In conclusion, parliamentary sovereignty in the UK means that Parliament has the ultimate law-making power and is not constrained by a written constitution. This concept has been central to the functioning of the UK's political system and has been affirmed by the country's highest courts. However, it has also faced challenges and debates, especially in the context of international and regional laws.
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The rule of law
The UK constitution is different from many other countries in that its core aspects are not contained in a single legal source. Unlike countries like the United States, the UK system has no clear concept of a 'higher law', meaning there is no distinction between constitutional law and regular law. This also means there is no special procedure for changing the constitution.
All parts of society have a role to play in upholding the rule of law. Ministers are responsible for observing the rule of law when developing policies, and public commitment to this principle is essential for its long-term maintenance. Parliament, as the UK's key decision-taking body, has the ultimate responsibility for upholding the rule of law.
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Devolution
The UK constitution is different from many other countries' constitutions in that its core aspects are not contained in a single legal source. The UK did not experience a revolution or moment of political rupture in the late eighteenth or nineteenth century, when written constitutions were at their most popular. The UK constitution can be altered relatively easily by the government of the day, and there are no special procedures for changing it. This flexibility can be considered an advantage, as it has enabled the removal of hereditary peers from the House of Lords, the introduction of the Human Rights Act, and devolution to Scotland, Wales, and Northern Ireland.
The legislative frameworks for devolution were originally set out in the Scotland Act 1998, the Government of Wales Act 1998, and the Northern Ireland Act 1998, although all three have been amended since. The Scotland Act 1998 created the Scottish Parliament, which has powers to make primary legislation in all areas of policy not expressly "reserved" for the UK Government and parliament, such as national defence and international affairs. The Government of Wales Act 1998 created the Welsh Assembly, and the Northern Ireland Act 1998 created a Northern Ireland Executive following the Good Friday Agreement to bring peace.
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Common Law
The United Kingdom's constitution is different from most other modern liberal democracies in that its core aspects are not contained in a single legal source. Unlike countries such as the United States, the UK does not have a 'written' or 'codified' constitution. Instead, it has what is known as a ''common law' system, where judges declare the law as derived from custom and precedent.
In the UK system, the constitution is spread over numerous documents and sources, which can make it challenging to decipher. Interpretations of experts become particularly important and influential in understanding the system. The UK's constitution is underpinned by principles that have emerged over centuries from common law statute, case law, political conventions, and social consensus.
The UK constitution has multiple guardians, including the Supreme Court, the House of Lords Constitution Committee, the Commons Public Administration and Constitutional Affairs Committee, the Lord Chancellor, and specific constitutional watchdogs. In the absence of a codified constitution, Parliament acts as the ultimate guardian. All members of Parliament have a responsibility to uphold key constitutional principles.
Parliamentary sovereignty is commonly regarded as the defining principle of the British Constitution. This means that Parliament has the ultimate law-making power to create or abolish any law. However, Parliament can limit its law-making power, as seen in the Human Rights Act, or devolve legislative power, as in the Scotland Act. 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 constitution also recognises that some Acts of Parliament have special constitutional status, such as the Magna Carta, which dates back to 1215. This agreement required the King to call a "common counsel" (now called Parliament) to represent the people, hold courts in a fixed place, guarantee fair trials, and guarantee free movement.
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Frequently asked questions
No, the UK's constitution is not contained in a single legal source. It is made up of written and unwritten arrangements, also known as an uncodified constitution.
An uncodified constitution is a set of rules and regulations established through the collaboration of English and Scottish laws, as well as international treaties and agreements. The flexibility of an uncodified constitution means it can be changed more frequently than codified constitutions.
Parliamentary sovereignty, the rule of law, separation of government powers, the accountability of ministers to parliament, and the independence of the judiciary.
An advantage is its flexibility, which has enabled the UK constitution to evolve and adapt over time. A disadvantage is that it can be harder to understand, and it can be easier to amend than a codified constitution.
The powers of the monarch and the relationship between the monarch and Parliament are governed by unwritten conventions. The Common Law is another aspect of the UK's uncodified constitution, which is based on historic principles of right and wrong but can be changed at any time by judges.
