Jonah Patel
The UK's uncodified constitution shapes the functioning of the country's key institutions, including the executive, civil service, legislature, courts, and monarchy. While the UK does not have a written Constitution, it is governed by Constitutional conventions. In 1885, Dicey popularised the concept of legislative supremacy, arguing that Parliament has the right to make or unmake any law, and that no person or body can override its legislation. This principle, known as parliamentary sovereignty, is a key feature of the UK's system of government, where the executive branch is not entirely separate from the legislative branch. This is in contrast to countries with a written Constitution, such as The Gambia, where the Constitution outlines the separation of powers between the Parliament, Executive, and Judiciary.
| Characteristics | Values |
|---|---|
| Popularised by | Dicey in 1885 |
| Legislative supremacy of Parliament | The constitutional acceptance that Parliament has the right to make or unmake any law |
| No person or body is recognised by the law as having a right to override or set aside the legislation made by Parliament | |
| Three main features | One Parliament cannot bind its successor |
| Courts are under a duty to apply legislation passed by Parliament even if that legislation appears to be morally or politically wrong | |
| In some jurisdictions, the legislation cannot be challenged for unconstitutionality |
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What You'll Learn
Legislative vs Constitutional Supremacy
Legislative supremacy, also known as parliamentary sovereignty or supremacy, is a concept in the constitutional law of some parliamentary democracies. It asserts that the legislative body holds absolute sovereignty and is supreme over all other government institutions, including the executive and judicial bodies. This means that the legislative body has the authority to enact and repeal any legislation and is not bound by written law or precedent.
In the United Kingdom, legislative supremacy was popularised by Dicey in 1885, who argued that parliamentary sovereignty represents the constitutional acceptance that "Parliament has the right to make or unmake any law whatsoever; and further, that no person or body is recognised by the law as having a right to override or set aside the legislation made by Parliament." This principle is characterised by three main features: one Parliament cannot bind its successor; courts must apply legislation passed by Parliament, even if it appears morally or politically wrong; and in some jurisdictions, legislation cannot be challenged for unconstitutionality.
In contrast, constitutional supremacy asserts that the constitution is the supreme power and that all other laws and government institutions are subject to it. This means that the constitution establishes the rules and principles that govern the country, and no legislation passed by the legislative body can contradict or violate the constitution.
The Gambia, for example, has a written Constitution based on the separation of powers between the Parliament, Executive, and Judiciary. While legislative powers are vested in Parliament, these powers are exercised within the limitations imposed by the Constitution. The President plays a ceremonial role in the law-making process, as they are required to assent to Bills passed by Parliament within a specified timeframe.
In some countries, parliamentary sovereignty may be contrasted with constitutionalism, which limits the legislature's scope to general law-making and subjects it to external judicial review. For instance, in Australia, the Commonwealth Parliament is created by the federal constitution and has only enumerated powers. Each state's legislative power is inherent but constrained by the federal constitution, state constitution, and Commonwealth powers.
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Constitutional Monarchies
A constitutional monarchy is a form of government in which a monarch acts as the head of state, while the head of government is typically a member of parliament. This system, known as the Westminster system, originated in the United Kingdom and has been adopted by various countries, particularly former British dominions such as Australia, New Zealand, and Canada, and others. In a constitutional monarchy, the monarch's role is largely ceremonial, and they may have some involvement in the legislative process, such as providing royal assent to bills passed by parliament.
The UK's uncodified constitution outlines the functioning of key institutions, including the executive, civil service, legislature, courts, and monarchy, and the relationships between them. While the UK does not have a written constitution, it operates based on constitutional conventions, with the sovereignty and legislative supremacy of parliament at its core. This concept was popularised by Dicey in 1885, who argued that parliament has the absolute power to make or unmake any law, and no person or body can override its legislation.
In constitutional monarchies, the monarch typically inherits their position by virtue of heredity. This is in contrast to parliamentary republics, where the head of state is usually an elected president. In some cases, the president may be elected by popular vote, the legislature, or an electoral college consisting of members of the legislature and regional assemblies. While the president in a parliamentary republic often has a ceremonial role, they may have some influence in appointing the prime minister or dissolving parliament.
Countries with constitutional monarchies include the United Kingdom, where the monarch is ceremonial and the Prime Minister leads the government, and Spain, where the King proposes a candidate for Prime Minister, subject to parliamentary approval. Another example is Japan, which has an Emperor who appoints the Prime Minister based on the nomination of the National Diet, showcasing the variation in the specific powers and roles within constitutional monarchies.
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Parliamentary Republics
A parliamentary republic is a form of government where both executive and legislative powers are primarily held within the parliament. Citizens elect representatives to the legislative body, which is responsible for appointing the executive, often a prime minister. This structure allows for quicker legislative action compared to presidential systems, which require cooperation between a separately elected executive and legislature. Notable examples of parliamentary republics include countries such as Ireland, Greece, and South Africa.
In the case of many republics in the Commonwealth of Nations, it was common for the Sovereign, formerly represented by a Governor-General, to be replaced by a non-executive head of state. This was the case in South Africa, Malta, Trinidad and Tobago, India, and Vanuatu. Other states became parliamentary republics upon gaining independence. Estonia, for instance, was a parliamentary republic between 1918 and 1934 when the system was changed to a presidential one.
Many countries with such a system operate with an executive who may or may not be directly elected and who typically have limited powers. However, the bulk of a parliamentary republic's political authority rests with the legislature. The national government is composed of democratically elected legislators and their appointees. The length of these representatives' respective terms, as well as the manner by which the legislators are elected, depends on the frameworks established by each individual nation.
In some parliamentary republics, the head of state and head of government can form one office, as in Botswana, the Marshall Islands, Nauru, and South Africa. However, the president is still selected in much the same way as the prime minister is in most Westminster systems. This usually means that they are the leader of the largest party or coalition of parties in parliament. In some cases, the president can legally have executive powers granted to them to undertake the day-to-day running of the government, as in Iceland, but by convention, they do not use these powers.
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The UK's uncodified constitution
The UK's constitution is unique in that it is uncodified, meaning it is not contained in a single document but rather made up of sources that include legislation, court judgments, and other conventions and practices. This uncodified constitution shapes the functioning of the country's key institutions, including the executive, civil service, legislature, courts, and monarchy, as well as the relationships between them.
The UK's system of government is often referred to as the Westminster system, which has been adopted or adapted by many other countries, particularly former British colonies such as Australia, New Zealand, Canada, and South Africa. This system is characterised by an executive that is answerable to the lower house of a bicameral parliament, and which exercises powers nominally vested in the head of state. In the UK, this is embodied in phrases such as "Her Majesty's Government".
In contrast, countries with codified constitutions, such as The Gambia, have a clear separation of powers between the legislature, executive, and judiciary, with the constitution providing limitations on the legislative powers of Parliament. This means that, unlike in the UK, the head of state plays a role in the law-making process, with presidential assent required for a bill to become law.
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Separation of Powers
The concept of the separation of powers between the parliament, executive, and judiciary is an important aspect of constitutional governance. While the specific dynamics may vary across countries, the principle of separation of powers aims to establish a system of checks and balances, preventing the concentration of power in a single branch of government.
In the United Kingdom, the Westminster system, characterised by a fusion of powers, has been influential globally. The executive branch is not entirely separate from the legislative branch, with the British cabinet functioning as a leading committee of Parliament. The UK's uncodified constitution shapes the functioning of key institutions, including the executive, civil service, legislature, courts, and monarchy, and the relationships between them.
In contrast, countries like The Gambia, with a written Constitution, emphasise the separation of powers. The Gambian Constitution vests legislative power in Parliament, requiring Presidential assent for Bills to become laws. This dynamic showcases a distinct separation of powers between the legislative and executive branches.
Parliamentary systems can be further categorised into constitutional monarchies and parliamentary republics. In constitutional monarchies, the monarch is the hereditary head of state, while in parliamentary republics, the head of state is typically a president, either directly elected or chosen by the legislature. The role of the head of state can vary, with some possessing more ceremonial powers, while others have greater discretionary authority, such as appointing the prime minister or dissolving the parliament.
The implementation of parliamentary systems after World War II in occupied nations like Italy, West Germany, and Japan, strengthened the commitment to parliamentary principles. This influence extended to countries like Denmark, which adopted a new constitution, and Norway, which maintained its entrenched democratic constitution.
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Frequently asked questions
Parliament is a legislative body that can be unicameral or bicameral. The constitution is a set of rules and principles that shape the functioning of the state and its institutions, including parliament.
Albert Venn Dicey, a British jurist, popularised the concept of legislative supremacy in 1885, arguing that the UK Parliament had absolute legislative power with no legal limitations. This view emphasised the sovereignty of parliament over any other body or person, including the inability to challenge legislation for unconstitutionality.
The relationship varies depending on the type of political system in place. In constitutional monarchies, like the UK, the monarch is the ceremonial head of state, while in parliamentary republics, a president usually serves as the head of state. Some countries, like The Gambia, have a written constitution based on the separation of powers, while others, like the UK, have unwritten constitutions with constitutional conventions.
The role of the head of state can vary in parliamentary systems. In some cases, the head of state may nominate a candidate for prime minister, who is then submitted to parliament for approval. The head of state may also have some discretion in dissolving parliament or appointing a prime minister.
The UK's Westminster system, adopted by many countries, blurs the lines between the executive and legislative branches. The cabinet, part of the executive, can be described as a committee of parliament, and the UK's uncodified constitution shapes the functioning of key institutions, including the executive and legislature.
