The Constitution of the UK

Constitution

A set of rules that directly or indirectly govern the distribution and exercise of sovereign power in the state.

Sovereign Power

The overall power of government exercised through state institutions, not just the monarch personally.

Legislature

The branch of state responsible for making, amending, and repealing laws (House of Commons and House of Lords).

Executive

The branch responsible for formulating and implementing government policy (Prime Minister, Cabinet, departments).

Judiciary

Judges responsible for resolving disputes, enforcing law, and reviewing government action.

Uncodified Constitution

A constitution not contained in a single written document but derived from multiple sources.

Written Constitutional Sources

Formal legal sources such as Acts of Parliament and judicial decisions.

Acts of Parliament

The primary written source of constitutional law.

Constitutional Statute

An Act that defines the relationship between citizen and state or affects fundamental rights.

Magna Carta

Early constitutional statute limiting the power of the Crown.

Bill of Rights 1689

Constitutional statute limiting royal power and affirming parliamentary supremacy.

Human Rights Act 1998

Constitutional statute incorporating ECHR rights into UK law.

Judicial Precedent

Constitutional principles developed through common law decisions.

Entick v Carrington

Case establishing that the state may only act where authorised by law.

Constitutional Conventions

Rules of political practice regarded as binding but not legally enforceable.

Nature of Conventions

Informal, evolutionary rules developed through political practice rather than law.

Example of Convention

The Monarch does not refuse Royal Assent.

Purpose of Constitutional Rules

To regulate, limit, and make predictable the exercise of state power.

Constitutionalism

The principle that government power must be exercised within legal limits.

Separation of Power

Power is dispersed between institutions to prevent concentration in one body.

Government Accountability

The government must answer to Parliament and the people.

Protection of Rights

Constitutional rules safeguard fundamental rights and freedoms.

Flexibility of UK Constitution

The uncodified nature allows change without special amendment procedures.

Parliament

The supreme legislative authority of the UK.

The Sovereign in Parliament

Law is made by the Monarch acting with the advice and consent of Parliament.

House of Commons

The elected chamber of Parliament with 650 MPs.

House of Lords

The unelected chamber consisting of life peers, hereditary peers, and bishops.

Democratic Supremacy

The House of Commons is more powerful due to democratic legitimacy.

Commons Financial Control

Only the House of Commons may initiate taxation and public expenditure.

Money Bills

The House of Lords cannot veto or amend money bills.

House of Lords Function

Scrutinises, revises, and delays legislation.

Check on Government

The House of Lords acts as a constitutional check on executive power.

Constitutional Reform Act 2005

Reformed the relationship between the House of Lords and judiciary.

Executive Structure

Includes the Monarch, Prime Minister, Cabinet, and government departments.

Statutory Powers

Executive powers granted by Acts of Parliament.

Royal Prerogative

Historic common law powers exercised on behalf of the Monarch.

Delegation of Power

Ministers may lawfully delegate powers to officials within their department.

Ministerial Responsibility

Ministers remain politically accountable for delegated actions.

Limits on Executive Power

Government may only act where authorised by law.

Judicial Review

Court process reviewing whether government acted within its powers.

Administrative Court

Court responsible for judicial review of executive action.

Local Government

Local authorities exercising delegated powers at regional level.

Local Authority Powers

Derived from statute and subject to judicial review.

Judicial Role

Judges resolve disputes and apply criminal and civil law.

Judicial Independence

The judiciary operates independently from the executive and legislature.

Supreme Court

The highest appellate court in the UK.

Judicial Appointments Commission

Body responsible for selecting judges independently.

Judges as Constitutional Guardians

Courts protect constitutional principles and fundamental rights.

Constitutional Convention

A non-legal rule regarded as binding in political practice.

Cabinet Manual

Written guidance setting out executive conventions and practice.

Function of Conventions

Fill gaps in the uncodified constitution without legal enforcement.

Political Morality

Conventions impose moral rather than legal obligations.

Legislative Conventions

Conventions governing Parliament’s operation.

House of Lords Convention

Lords defer to the House of Commons.

Commons Legislative Supremacy

Lords should not block government legislation passed by Commons.

Financial Convention

Money bills must originate in the House of Commons.

Sewel Convention

Westminster will not normally legislate on devolved matters without consent.

War Powers Convention

Commons should be consulted before major military action.

Executive Conventions

Conventions governing the Monarch and government.

Ministerial Advice Convention

Monarch acts on advice of ministers.

Royal Assent Convention

Monarch will not refuse Royal Assent.

Prime Minister Appointment

Monarch appoints the leader who commands Commons confidence.

Cabinet Appointment

Prime Minister selects Cabinet ministers.

MP Convention

Prime Minister and Chancellor should be MPs.

No Confidence Convention

Government resigns after losing confidence of the Commons.

Crown Consent Convention

Monarch’s consent sought for legislation affecting monarchy interests.

Ministerial Responsibility

Constitutional principle governing minister conduct.

Collective Ministerial Responsibility

Ministers act as a unified body.

CMR Confidentiality

Cabinet discussions remain confidential.

CMR Unity

Ministers must publicly support agreed government policy.

CMR Resignation

Ministers must resign if unable to support policy.

Purpose of CMR

Maintain parliamentary confidence in government.

Individual Ministerial Responsibility

Ministers accountable for actions of their departments.

IMR Assessment

Depends on personal involvement and nature of failure.

Operational Failure

Fault of officials rather than minister personally.

Policy Failure

Minister more likely expected to resign.

Ministerial Code

Written guidance on ministerial conduct.

Legal Status of Code

Not legally enforceable and cannot be enforced by courts.

Seven Principles of Public Life

Selflessness, integrity, objectivity, accountability, openness, honesty, leadership.

Prime Minister’s Role

PM decides breaches of the Ministerial Code and consequences.

Judicial Conventions

Conventions governing judiciary conduct.

Judicial Neutrality

Judges must not be politically active.

Parliamentary Restraint

Parliament should not criticise judges’ professional conduct.

Conventions and Law

Courts recognise conventions but cannot enforce them.

Conflict Rule

Where law and convention conflict, the law prevails.