Cecily Zamora
The United Kingdom's constitution is unique in that it is not codified in a single document, unlike most other countries. Instead, it is comprised of written and unwritten arrangements, including statutes, conventions, judicial decisions, and treaties. This means that the UK constitution can be easily amended, as there are no formally entrenched provisions. While some argue that a codified constitution is the next appropriate step for the UK, others highlight the benefits of its current flexibility, such as the ability to introduce acts like the Human Rights Act and devolution. The UK's constitution is also bound to international law, with Parliament increasing its practical power through cooperation with other countries and international organisations. The UK's constitutional law has undergone significant changes in recent years, including the incorporation of the European Convention on Human Rights into UK law and the establishment of devolved legislatures in three of the four constituent nations.
| Characteristics | Values |
|---|---|
| Type of Constitution | Uncodified |
| Flexibility | Easy to amend |
| Sources | Statutes, conventions, judicial decisions, and treaties |
| Examples of Statutes | 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, Government of Wales Act 1998 |
| Examples of Conventions | The monarch acts on ministerial advice, the Prime Minister sits in the House of Commons, the Queen appoints as Prime Minister the person most likely to command the confidence of the House of Commons |
| Core Principles | Rule of law, separation of government into executive, legislative, and judicial branches, the accountability of ministers to parliament, independence of the judiciary, parliamentary sovereignty, democracy, upholding international law |
| Recent Reforms | Incorporation of the European Convention on Human Rights, establishment of devolved legislatures, partial reform of the House of Lords, establishment of the Supreme Court as a separate institution |
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What You'll Learn
The UK's uncodified constitution
The UK's constitution is unique in that it is uncodified, unlike most other countries. This means that it is not written in a single document but is instead made up of various sources, including Acts of Parliament, cases decided by courts, conventions, judicial decisions, and treaties. This includes historical texts such as the Magna Carta, the Bill of Rights of 1689, and the Acts of Union of 1707 and 1800.
However, a significant disadvantage is that it is harder to understand due to its scattered nature. The lack of formal codification also makes it challenging to distinguish constitutional statutes from regular laws on topics such as education and transport.
Some have argued that the UK should move towards a codified constitution, especially in light of recent constitutional reforms and referendums, such as Brexit, which have brought to light the need for a more decentralized system of government.
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Parliamentary sovereignty
The United Kingdom does not have a written constitution. Instead, its constitution comprises written and unwritten arrangements that establish the United Kingdom of Great Britain and Northern Ireland as a political body. The UK's constitution is spread over several documents and sources, making it challenging to decipher.
The concept of parliamentary sovereignty has been central to British politics for centuries. In 1610, Chief Justice Edward Coke's Case of Proclamations established that Parliament had the sole right to legislate, while the Crown could enforce it. This was challenged during the English Civil War, with Royalists arguing that power was held by the king and delegated to Parliament. The Bill of Rights of 1689 removed royal powers to dispense with legislation and statutes, and the ability to withhold funds from the monarch gave Parliament further power.
In modern times, the UK Parliament's sovereignty has been challenged by membership of the European Union, which can pass laws that automatically override local laws within the UK. The European Communities Act of 1972, which made the UK a legal partner in the EU, was seen as a limitation on parliamentary sovereignty. The UK's Human Rights Act of 1998 has also been seen as a potential qualification of parliament's law-making power, as it requires UK courts to interpret national law consistently with the European Convention on Human Rights. However, the UK's departure from the EU in 2020 has removed these external limitations on parliamentary sovereignty.
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The rule of law
The UK's constitution is unique in that it is not a single, codified document but a collection of different sources, including statutes, case law, and conventions. This means that the UK constitution can be easily changed as no provisions are formally entrenched.
One of the fundamental principles of the UK constitution is the rule of law. The rule of law is a concept with a long history, dating back to the Magna Carta of 1215, which established that the monarch was subject to legal doctrines and denied the king the unfettered powers previously held by absolute monarchs. The rule of law has evolved to work within the framework of the constitutional monarchy and alongside the equal application of the law to all free people.
- The predominance of regular law over arbitrary power
- Equality before the law
- That constitutional laws are the consequence, not the source, of individual rights
The substantive interpretation of the rule of law in the UK is a subject of debate, with the judiciary facing challenges in determining the specific constitutional or fundamental rights it should enforce. Nonetheless, the rule of law is widely recognised as a fundamental principle of constitutional democracies, and its core principles include limits on state power, protection of fundamental rights, and judicial independence.
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Common law
The UK has what is known as a 'common law' system, which means that judges declare the law as derived from custom and precedent. The role of the courts is to interpret the rules, not to make them. However, by identifying what the law is, judges can effectively create it. In doing so, they have established important features of the UK constitution, such as individual rights and the idea that public authorities are subject to limitations and do not possess arbitrary power.
The UK's constitution is spread over a number of documents and sources, which can make it particularly hard to decipher. The interpretations of experts seeking to make sense of the system can become particularly important and influential. In fact, they can become so influential to perceptions of the system that they seem to become part of it.
The UK's constitution is different from many other countries in that its core aspects are not contained in a single legal source. This can be explained in part by UK history. Unlike France, Italy and many other places, 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 after the American Revolutionary War.
Unlike in the United States, where the constitution is the ‘supreme law’, the UK system has no clear concept of a ‘higher law’. This means there is no clear distinction between what is a constitutional law and what is a regular law. Also, 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 simple majority votes in Parliament, like any other legislation.
The common law has been increasingly developed to be harmonious with statutory rights and rights under international law. Like other democratic countries, the principles of international law are a basic component of the British constitution.
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The UK's relationship with international law
The UK's constitution, comprising written and unwritten arrangements, recognises the importance of upholding international law. Acts of Parliament, such as the Human Rights Act 1998, the International Criminal Court Act 2001, and participation in organisations like the International Labour Organization and the United Nations, reflect the UK's engagement with international law. The UK has also been a founding member of the World Trade Organization and incorporated the European Convention on Human Rights into its domestic law.
However, the UK's relationship with international law has had its complexities. The UK's decision to leave the European Union in 2020, following the 2016 referendum, is an example of the country prioritising sovereignty and domestic decision-making over certain international obligations. This move has sparked debates about the need for constitutional reform and a potential shift towards a more decentralised or federal system of government.
While the UK has a strong reputation for upholding its international commitments, there are ongoing discussions about the role of British legal expertise and values in the global arena. The concept of the rule of law is associated with British principles, and the country has exported its values and traditions related to justice and the rule of law worldwide. Nonetheless, the UK's influence and relationship with international law continue to evolve, shaped by domestic political changes and global interactions.
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Frequently asked questions
Yes, the UK does have constitutional law. However, unlike most other countries, the UK does not have a 'written' or 'codified' constitution. Instead, the UK constitution is derived from custom and precedent and is spread across multiple documents and sources, including statutes, conventions, judicial decisions, and treaties.
The key sources of UK constitutional law include Acts of Parliament, cases decided by courts, and conventions on how the Cabinet, the Prime Minister, Parliament, and the Monarch conduct themselves. Examples of constitutional statutes include the Bill of Rights 1689, the Acts of Union 1707 and 1800, the Act of Settlement 1701, the Parliament Acts 1911 and 1949, and the Human Rights Act 1998.
A key advantage of the UK's uncodified constitution is its flexibility, which has enabled reforms such as the introduction of the Human Rights Act, devolution to Scotland, Wales, and Northern Ireland, and the creation of the Supreme Court. However, a disadvantage is that it is harder to understand and can be more easily amended compared to codified constitutions.
