Characteristics of UK constitutions

Constitution (Dicey)

Set of rules affecting distribution and exercise of sovereign power

Sovereign power

Overall governing authority of the state (not just the monarch)

Distribution of power

How power is divided between state bodies

Legislature

Body that makes and amends law (King in Parliament

Executive

Body that implements policy (PM, Cabinet, government departments, civil service)

Judiciary

Judges who interpret law and resolve disputes

UK Constitution

Uncodified body of written and unwritten rules governing the state

Uncodified constitution

Not contained in a single document but spread across sources

Sources of constitution

Legislation + case law + constitutional conventions

Legislation (constitutional statutes)

Acts affecting citizen–state relationship or fundamental rights

Thoburn v Sunderland CC

Recognised hierarchy of statutes and concept of constitutional statutes

Examples of constitutional statutes

Magna Carta 1215, Bill of Rights 1689, Human Rights Act 1998

Case law (constitutional role)

Courts develop principles limiting state power

Entick v Carrington

State cannot act without legal authority

Constitutional conventions

Non-legal rules guiding political conduct

Nature of conventions

Informal, evolving, not legally enforceable

Example of convention

Monarch does not refuse Royal Assent

Purpose of constitution

Regulate and make predictable use of state power

Constitutionalism

Government must act within law and be accountable

Separation of powers

Power divided to prevent concentration in one body

Accountability

Government answerable to people and law

Protection of rights

Constitution safeguards fundamental freedoms

Flexibility (UK constitution)

Can evolve without special amendment procedure

Entrenched constitution

System requiring special procedure to amend (e.g. USA)

Advantage of entrenched constitution

Greater certainty and stability

Disadvantage of UK system

Less certainty and weaker formal protection of rights

Advantage of UK system

Adaptability to social and political change