UK constitution

UK constitution

UK constitution

Uncodified, unentrenched, flexible and unified and based on the principles of the rule of law and parliamentary sovereignty

Constitution definition

A political rule book. It determines where power is located within a nation and the rules by which it is governed. It sets limits on the power of the government and sets the right that citizens possess.

UK constitution development

Developed in a unique way as there has been no historical event since the Norman invasion of 1066 that has entirely altered the principles on which the nation was founded. It has evolved over time from monarchy to democracy and ‘constitutional monarchy’

Magna Carta (1215)

Guaranteed certain basic rights, including no imprisonment without jury trial, and limit the powers of the monarch to tax without consent

Bill of rights (1689)

Guaranteed further basic rights, including free elections, and laid out both rights of parliament and limitations on the power of the monarch

Act of settlement (1701)

Confirmed the power of parliament to determine the succession to the throne and prevent holders of office under the crown from serving in parliament

Acts off union (1707)

Joined Scotland to England and wales, creating Great Britain, whilst preserving a separate Scottish legal system

Parliament acts (1911 and 1949)

Limited the powers of the house of the lords, preventing them from discussing finance or permanently blocking bills. Used rarely as compromises are usually made. Last used in 2004

The European communities act (1972)

Joined Britain to the European community, with the eventual effect that EU law takes precedence over UK law

EU (withdrawal agreement) Act (2020)

Makes legal provision for ratifying the brexit withdrawal agreement and implementing it into the domestic law of the UK

Uncodified definition

When a constitution is codified it is containment in one single document which is entrenched and is superior to all other law. And Uncodified constitution derives rom a variation of sources and since it is not entrenched does not represent a higher law

Unentrenched definition

Codified constitutions entrench conditional rules, making them harder to change. Uncodified constitutions are not entrenched due to parliamentary sovereignty, meaning that any rules can be changed with a simple vote in parliament.

Parliamentary sovereignty definition

Parliament can enact any law by a simple majority vote as there is no greater authority than parliament. Each parliament is sovereign and can pass no laws that limit the power of any further parliament. This, within the rule of law, makes up the twin pillars of the Uk constitution

The rule of law definition

The principle that the same laws apply to every citizen and the government

The Uk is a Constitutional monarchy

Power in the UK has transferred slowly over time away from the monarchy towards parliament, especially the HoC. As the power of the monarchy has been reduced (crucially by holding limited power according to the rule of law), the rights of the public have been increased and secured by acts of parliament and common law. Due to the sovereignty of parliament the UK constitution is unentrenched and it remains Uncodified (despite an increasing number of codified laws). Powers that historically were exercised by the monarch have over time been given to the PM (Via royal prerogative) and Parliament (the right to declare war)