Cameron Miranda
The UK's constitution is distinct from many other countries in that its core aspects are not contained in a single legal source. While it is often referred to as an 'unwritten' constitution, this is not entirely accurate; it is largely written but in different documents, and it has never been codified. The UK's constitution is found in leading statutes, conventions, judicial decisions, and treaties. The UK's modern political system is guided by constitutional principles such as parliamentary sovereignty, the rule of law, democracy, and internationalism. The constitution establishes the powers of different political institutions and determines their relationships with each other and the citizens.
| Characteristics | Values |
|---|---|
| Core Principles | Rule of law, separation of government into executive, legislative, and judicial branches, the accountability of ministers to parliament, and the independence of the judiciary |
| Leading Institutions | Parliament, the judiciary, the executive, and regional and local governments, including the devolved legislatures and executives of Scotland, Wales, and Northern Ireland |
| Parliamentary Sovereignty | The UK Parliament is sovereign and can make or unmake any law, without being limited by a constitutional text |
| Rule of Law | The rule of law enforced by the courts is the ultimate controlling factor on which the constitution is based |
| Democracy | The principle of democracy is manifested through statutes and case law which guarantee the right to vote in fair elections |
| Internationalism | The UK constitution is bound to international law and the country is a member of several international organisations |
| Written vs. Unwritten | The UK constitution is largely written but in different documents and has never been codified into a single document |
| Flexibility | The UK constitution can be altered relatively easily, and this flexibility has enabled changes such as the introduction of the Human Rights Act and devolution |
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What You'll Learn
The UK constitution is largely unwritten
The UK constitution is unique among those of countries with a democratic government in that it is largely uncodified, which means that it is not collected together in one document or even a small set of documents. Unlike, for example, the constitutions of the United States or France, there is no single, supreme, written constitutional document. Instead, the UK constitution is made up of a number of different sources, some of which are written and some of which are unwritten.
The written sources include statutes (or Acts) of Parliament, and delegated legislation (made by ministers or local authorities under powers given to them by Acts of Parliament). Treaties, such as the European Convention on Human Rights, are also a written source of the UK constitution, although their exact role is contested. There are also a number of works of authority, which are not formally part of the constitution but are highly persuasive when it comes to interpreting it. These include Erskine May's 'Treatise on the Law, Privileges, Proceedings and Usage of Parliament' (which deals with parliamentary procedure) and works on constitutional conventions by authors such as Walter Bagehot and Rodney Brazier.
The unwritten sources of the UK constitution are perhaps its most distinctive feature. These include constitutional conventions, which are rules that are observed by the actors within a political system not because they are legally required to, but because they are seen as politically or constitutionally binding. Examples include the convention that the monarch acts on the advice of ministers, and the convention that the House of Commons may remove a prime minister and their government through a vote of no confidence. There are also works of authority on conventions, such as the Cabinet Manual, which sets out the main laws, conventions, and rules that apply to the conduct and operation of the UK government.
The unwritten nature of the UK constitution has been both praised and criticized. Some argue that it allows the constitution to be flexible and easily adaptable to changing circumstances, and that it promotes political stability by allowing disputes to be resolved through political means rather than legal ones. Others argue that it leads to uncertainty about what the constitution actually is, and that it gives too much power to the executive at the expense of Parliament and the judiciary.
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Parliamentary sovereignty
The UK constitution is different from many other countries' constitutions because its core aspects are not contained in a single legal source. The UK constitution can be found in leading statutes, conventions, judicial decisions, and treaties. Examples of constitutional statutes include the Bill of Rights 1689, Acts of Union 1707 and 1800, the Act of Settlement 1701, Parliament Acts 1911 and 1949, the Human Rights Act 1998, and the Scotland Act, Northern Ireland Act and Government of Wales Act 1998.
The concept of parliamentary sovereignty was central to the English Civil War: Royalists argued that power was held by the king and delegated to Parliament, a view which was challenged by the Parliamentarians. The issue of taxation was a significant power struggle between Parliament and the king during the Stuart period. If Parliament had the ability to withhold funds from the monarch, then it could prevail. Direct taxation had been a matter for Parliament from the reign of Edward I, but indirect taxation continued to be a matter for the king. Royal powers were finally removed by the Bill of Rights 1689, which also removed the ability of the Crown to dispense with (ignore or suspend) legislation and statutes.
In the UK's "modern democratic constitution", the principle of democracy is manifested through statutes and case law which guarantee the right to vote in fair elections. Parliamentary sovereignty has traditionally been understood to mean that Parliament is free to enact legislation on any area of law that it chooses, and that Acts of the UK Parliament take precedence over subordinate legislation, regulation, or common law rule.
However, the extent of parliamentary sovereignty is contested. In a leading case, R (Jackson) v Attorney General, a group of pro-hunting protestors challenged the Hunting Act 2004's ban on fox hunting, arguing it was not a valid Act because it was passed without the House of Lords' approval. While the House of Lords, sitting as the UK's highest court, rejected this argument, Lord Hope argued in obiter dicta that parliamentary sovereignty "is no longer, if it ever was, absolute", and that the "rule of law enforced by the courts is the ultimate controlling factor on which our constitution is based".
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The rule of law
The UK's modern democratic constitution guarantees the right to vote in fair elections, and this has developed alongside human rights, forming a cornerstone of international law. The UK has played a role in codifying modern fundamental rights, including the European Convention on Human Rights, which was incorporated into UK law through the Human Rights Act 1998.
The UK's uncodified constitution, spread across different documents, makes it harder to understand and amend compared to codified constitutions. However, this flexibility has enabled changes such as the removal of hereditary peers from the House of Lords and the introduction of the Human Rights Act.
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The independence of the judiciary
The UK constitution is a unique and complex system of rules and principles that govern the country's political life. One of the key features of the UK constitution is the independence of the judiciary, which is essential to the maintenance of the rule of law.
The principle of judicial independence is enshrined in the constitution through a variety of means. Firstly, the appointment of judges is made by independent selection commissions, ensuring that merit and suitability are the primary criteria for selection. These commissions are typically comprised of senior judges and legal professionals, further emphasizing the importance of experience and expertise in the selection process. This merit-based approach helps to safeguard the judiciary from political interference and ensures that judges are chosen based on their qualifications and competence, rather than partisan affiliations or personal connections.
Additionally, the security of tenure for judges is a key aspect of their independence. Once appointed, judges typically serve until retirement age, and they cannot be removed or dismissed without a formal process involving a review by their peers and, in some cases, a vote in Parliament. This security of tenure protects judges from external pressures and ensures that they can make decisions without fear of reprisal or loss of office.
Finally, the constitutional principle of the separation of powers plays a crucial role in safeguarding judicial independence. By dividing the functions of the state between the executive, legislature, and judiciary, this principle establishes a system of checks and balances that prevents any one branch from dominating the others. This separation empowers the judiciary to act as a counterbalance to the executive and legislature, interpreting and applying the law without deference to the policies or preferences of the other branches of government.
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The UK's relationship with international law
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 is often said to have an 'unwritten' constitution, but this is not strictly accurate. While it has never been codified, the constitution can be found in leading statutes, conventions, judicial decisions, and treaties.
The UK's commitment to international law is further demonstrated by its acceptance of the compulsory jurisdiction of the Permanent Court of Justice and its modern successor, the International Court of Justice, since 1930. This commitment to binding international dispute settlement is unique among major countries and permanent members of the UN Security Council.
In addition, the UK's constitution includes the rule of law as a fundamental principle, which itself often includes compliance with international law. This is reflected in the UK's foreign policy, where British people export their values and traditions regarding the rule of law overseas. The UK's reputation for upholding its word and ability to address regional or global problems is essential for effective government action in an age of globalization.
However, the UK's relationship with international law is not without its complexities. The UK left the European Union in 2020, and parliamentary sovereignty is a central and contested element of the British constitution, meaning an Act of Parliament is the highest form of law. This means that, despite its relationship with international law, the UK constitution can be altered relatively easily by the government of the day, and there are no special procedures for changing the constitution itself.
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Frequently asked questions
The UK constitution is a set of principles, rules and laws that establish and underpin the UK's political system. It is largely written, but in different documents, and has never been codified into a single document.
The core principles of the UK constitution include parliamentary sovereignty, the rule of law, democracy, and internationalism.
Parliamentary sovereignty is often seen as a central element of the UK constitution. It means that an Act of Parliament is the highest form of law, and that Parliament can make or unmake any law without being limited by a constitutional text.
The rule of law has been regarded as a fundamental principle of modern legal systems, including the UK's. It means that the law is clear and predictable, applies equally to all people, includes fair procedures for enforcement, protects fundamental human rights, and works according to international law.
Examples of constitutional statutes in the UK include the Bill of Rights 1689, the Acts of Union 1707 and 1800, the Human Rights Act 1998, and the Scotland Act.
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