UK Constitution

What is the British Constitution?

The British constitution is the set of laws and conventions that establish the functions of the three branches of government. It limits and defines government power, and outlines the rights and duties of citizens. The constitution is essentially the guidelines that oversee the UK’s government, to protect against abuses of power. The UK constitution differs from most as it is uncodified and comes from a variety of sources, whereas most constitutions are codified into one document.

Features of the UK Constitution

The UK constitution has three main features;

• Firstly, it is uncodified. This means that there is no single written document which outlines the UK's constitution.

• Secondly, it is not entrenched. This means that the constitutional laws are as flexible as ordinary law, so they can be altered and removed if deemed necessary.

• Thirdly, it is unitary. This means that the power is concentrated in one single institution, which is Parliament. This means that the legal and political processes that occur are more transparent and easily understood by the population.

UK Constitutional Ideology: the ‘Twin Pillars’

The UK constitutional ideology is also known as the ‘Twin Pillars’; that is the two main principles of the UK’s Constitution. The first pillar is the legal theory of the ‘rule of law’. This is where, under the law of the country, all persons, institutions and entities are equally accountable to the law.

The second pillar is parliamentary sovereignty. This is the idea that parliament is sovereign, that it has the most authority of any institution or person in the UK. This means that no body, for example, the UK Supreme Court, is able to repeal law enacted by parliament, only interpret it. It also means that they can make law in any area they want to, and that no parliament is bound by the law made by an earlier parliament. This means that they can repeal any law that an earlier parliament enacted.

Fig. 1 UK Parliament Square

Sources of the UK Constitution

Because the UK has an uncodified constitution, there are several main sources that it comes from. These are statute law, common law, conventions, authoritative works, and international law.

Statute Law in the UK Constitution

Statute law is one of the primary sources of the constitution. These are also known as Acts of Parliament as they are written law that has passed through parliament. Not all Acts of Parliament are part of the constitution, but those that govern the way the political system is set up and functions, and also those that determine the rights of the people, are constitutional.

Most see statute law as the most important because it has the most legal force, and it's also created by parliament.

Common Law in the UK Constitution

Common law is another important source of the UK constitution. This is the precedent set by judges who make decisions on cases where the statute law isn't clear or in cases where how statute law should be applied isn't clear. These rulings set precedents for later judges to make decisions.

Conventions in the UK Constitution

Conventions are a source of the UK’s constitution which are based on unwritten customs and practices. These are not legally binding but they are widely accepted. These can be quite easily changed by an Act of Parliament.

Authoritative Works in the UK Constitution

Authoritative works are pieces published by academics of politics and law, who have commented on the law and how the UK should adopt it. These are relevant documents that serve as guides as to how the government should act but they do not have legal force.

International Law in the UK Constitution

The final source of the UK constitution is international law. This includes treaties and written agreements made between the UK and other countries. Once signed they are scrutinised by parliament, and if accepted, become law, holding influence over statute law. As such, any international law that impacts the function of the political system or the rights of the people is part of the UK's constitution.

One of the more important parts of international law that contributed the constitution was European Union Law. But, as of the 31st of January 2020, the UK is no longer part of the EU and therefore this law no longer applies though much of this law has now been incorporated as domestic legislation anyway.

Timeline of the UK Constitution's development

The British constitution, as discussed above, has come from a variety of sources. One of the more important sources for the constitution is statute law. Below is a timeline of the key documents that have heavily influenced the constitution of Britain.

Fig. 2 The Magna Carta