Section 2: Definition and Complexity of the UK Constitution

What are the two different definitions of the word Constitution?

The two definitions are the broad definition, which focuses on the substance and content of the rules, and the narrow definition, which focuses on the form and legal status of the rules.

What is a constitution according to the broad definition?

According to the broad definition, a constitution is the set of the most important rules that regulate the relations between different parts of government and between the government and the people.

What does the narrow definition of a constitution focus on?

The narrow definition focuses on the form of the rules and their legal status, specifically referring to a codified constitution written in a single document.

What kind of constitution does the UK have?

The UK has an uncodified constitution.

What are the four characteristics Ridley identified to recognize a codified constitution?

The four characteristics are that it is prior to the system of government, involves an authority outside and above that system, is superior to other norms, and is entrenched.

Why is the UK constitution not considered prior to the system of government it establishes?

It is not considered prior because it has grown through an evolution of government over time rather than being created at a single historical break as a fresh start.

How does Sir Ivor Jennings describe the growth of the British constitution?

Sir Ivor Jennings states that the British constitution has not been made but has grown.

Is the UK constitution superior to other legal norms according to the hierarchy of norms?

No, because Acts of Parliament are formally identical in the hierarchy of norms, and any Act of Parliament can be repealed by another Act.

What is the doctrine of implied repeal?

The doctrine of implied repeal states that if a later Act of Parliament conflicts with an earlier one, the later Act takes precedence and the conflicting parts of the earlier Act become legally inoperable.

Can constitutional statutes be impliedly repealed according to Laws LJ's theory in Thoburn v Sunderland City Council (2002)?

No, constitutional statutes cannot be impliedly repealed; Parliament must use express words if it intends to repeal a constitutional statute.

What did the 2011 report of the House of Lords Constitution Committee criticize?

It criticized the lack of a consistent process for constitutional change in the United Kingdom.

What is the purpose of entrenchment in a codified constitution?

The purpose of entrenchment is to protect the fundamental rules contained in a constitution from being too easily amended by requiring complex procedures.

What are the main strengths of the UK constitution?

The main strengths are flexibility, fluidity, and adaptability to changing circumstances.

What is a major weakness of the UK constitution regarding the protection of rules?

A major weakness is that no rule is protected against changes brought by Parliament, meaning even fundamental rules can be repealed.

What term do Jowell and Oliver use to describe the nature of the British constitution?

They describe it as a patchwork constitution because it is composed of various statutes, cases, soft law, and conventions.

Can UK courts strike down an Act of Parliament?

No, due to the principle of parliamentary supremacy, UK courts cannot strike down legislative Acts of Parliament.

What is the orthodox view on whether the UK has a constitution?

The orthodox view is that the UK does have a constitution, but it is uncodified and its foundations are rooted in various sources.

How is constitutional review in the UK described under section 4 of the Human Rights Act 1998?

Under section 4, courts can issue a declaration of incompatibility, but this does not affect the validity or continuing operation of the legislative provision.

According to Ridley, what does it mean for a constitution to involve an authority outside and above the order it establishes?

It means that a constituent power, such as an assembly or a group of experts, establishes the constitution rather than the government itself.

What does the broad definition of a constitution regulate regarding different levels of government?

It regulates the relations between the central and local levels of government, which in the UK involves the devolution process.