Anaya Nolan
The UK constitution is unique in that it is not contained in a single legal source. Instead, it comprises written and unwritten arrangements that establish the United Kingdom as a political body. The main sources of constitutional law are Acts of Parliament, court cases, and conventions in the way that the government, Parliament, and the monarch act. These sources have shaped the UK's modern political system, which is guided by constitutional principles such as parliamentary sovereignty, the rule of law, democracy, and internationalism.
| Characteristics | Values |
|---|---|
| Uncodified constitution | The UK constitution is not codified in one document, unlike many other countries. |
| Parliamentary sovereignty | Acts of Parliament are the supreme source of law, with the power to make or unmake any law. |
| Rule of law | Everyone within a state should be bound by and entitled to the benefit of the law. |
| Democracy | Democracy has been a fundamental constitutional principle since 1928. |
| Internationalism | The UK is a member of the UN, WTO, and other international organisations. |
| Common law | Judges interpret and declare the law, derived from custom and precedent. |
| Human rights | The Human Rights Act 1998 and the European Convention on Human Rights protect individuals' rights and freedoms. |
| Devolution | Devolved legislatures exist in Scotland, Wales, and Northern Ireland. |
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What You'll Learn
Acts of Parliament
The United Kingdom's constitution is spread across various sources, including Acts of Parliament, court cases, and conventions. Acts of Parliament are a major source of constitutional law in the UK. Certain pieces of primary legislation enacted by the UK Parliament form a major source for aspects of the UK constitution.
Some Acts of Parliament have special constitutional status, such as the Magna Carta, which required the King to call a "common counsel" (now called Parliament) to represent the people, guarantee fair trials and free movement, and separate church and state. Other examples include the Bill of Rights of 1689, which cemented Parliament's position as the supreme law-making body, and the Acts of Union in 1707, which united the Kingdoms of England, Wales, and Scotland.
More recent Acts of Parliament of constitutional significance include the Representation of the People Acts, providing for universal voting and political representation, the Parliament Acts (1911-1949), regulating the powers of the two Houses of Parliament, and the Human Rights Act of 1998, which incorporated the European Convention on Human Rights into UK law. These Acts of Parliament form a key part of the UK's constitutional law and have helped shape the country's political system.
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Court cases
The UK's constitution is distinct from many other nations in that its core aspects are not contained in a single legal source. Instead, it is spread over numerous documents and sources, including Acts of Parliament, court cases, and conventions. This makes it particularly challenging to decipher.
The UK has a 'common law' system, where judges declare the law based on custom and precedent. While they do not make the rules, judges can effectively create law through their interpretation and application of legal principles. This process has established important constitutional features, such as individual rights and the limitation of public authorities' powers.
The Human Rights Act 1998 is a notable example of how court cases shape constitutional law. This Act incorporated the European Convention on Human Rights into UK law, significantly impacting the relationship between individuals and the state and between the courts and political branches of government. Courts now play a vital role in reviewing legislation for compatibility with international human rights norms.
In addition to the Supreme Court, other judicial bodies contribute to constitutional law through their decisions. For instance, the Law Lords, the predecessors of the Supreme Court, have left a lasting impact on appellate judging in the UK, as seen in Alan Paterson's study, "Final Judgment: The Last Law Lords and the Supreme Court".
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Conventions
The UK constitution is spread across various sources, including both law and other less formal documents, without legal force. The UK constitution has never been codified in a single document, and there is no clear distinction between what is a constitutional law and what is a regular law.
The UK constitution is flexible and can be easily changed as no provisions are formally entrenched. This flexibility 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 UK's constitution has evolved organically over time in response to political, economic, and social changes. The constitution includes both written and unwritten arrangements that establish the United Kingdom of Great Britain and Northern Ireland as a political body.
The Supreme Court has recognised and affirmed constitutional principles, including parliamentary sovereignty, the rule of law, democracy, and upholding international law. The Supreme Court has also stated that the UK constitution includes numerous principles of law, which are enforceable by the courts in the same way as other legal principles.
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Common law
The UK has what is known as a 'common law' system, where judges declare the law as derived from custom and precedent. While it is the role of the courts to interpret the rules, not to make them, judges can effectively create laws by identifying what the law is. 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 constitution is spread over numerous documents and sources, which can make it particularly hard to decipher. Interpretations of experts seeking to make sense of the system can become particularly important and influential, sometimes even seeming to become part of the constitution itself.
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.
The UK system has no clear concept of a 'higher law', and there is no clear distinction between what is a constitutional law and what is a regular law. This also 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 simple majority votes in Parliament, like any other legislation.
The UK's uncodified constitution enables the constitution to be easily changed as no provisions are formally entrenched. The Supreme Court of the United Kingdom recognises constitutional principles, constitutional statutes, and four main constitutional principles: parliamentary sovereignty, the rule of law, democracy, and upholding international law.
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Treaties
The UK's constitution is different from many other countries in that its core aspects are not contained in a single legal source. The UK has never had a written constitution embodied in a single document. Instead, the constitution comprises written and unwritten arrangements that establish the United Kingdom of Great Britain and Northern Ireland as a political body.
The process of ratifying treaties is outlined in the Constitutional Reform and Governance Act of 2010, which stipulates that the text of a treaty must be laid before both houses of Parliament in the form of a command paper before it can enter into force. The Foreign, Commonwealth & Development Office (FCDO) is responsible for drafting treaty texts and instruments of ratification. Once a treaty enters into force, it is republished in the United Kingdom Treaty Series, and most treaties are also published in the UN Treaty Series. The UK has digitised the full texts of treaties published in the UK Treaty Series, providing online access to most treaties that have entered into force since 1892.
The impact of treaties on the UK's constitution has been a topic of debate. Some scholars argue that the UK should adopt a monist" theory, where international law is considered part of UK law without the need for further acts. Others support a "dualist" theory, requiring international law principles to be translated into domestic law. The current position in EU law is that international law cannot undermine fundamental principles of constitutional law or human rights.
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Frequently asked questions
The sources of constitutional law in the UK are Acts of Parliament, court cases, and conventions in the way that the government, Parliament, and the monarch act.
Acts of Parliament are a major source of constitutional law. These include the Scotland Act, Northern Ireland Act, Government of Wales Act 1998, and the Human Rights Act 1998.
Conventions are understandings about how the constitution functions. They are the source of some of the most important features of the UK system of government. For example, the relationship between the monarch and Parliament is governed largely by conventions.
Court cases are another source of constitutional law. Judges interpret the rules and declare the law as derived from custom and precedent. In doing so, they establish important features of the UK constitution, such as individual rights.
The core principles of constitutional law in the UK include parliamentary sovereignty, the rule of law, democracy, and internationalism.
