uk gov examples

The UK constitution is uncodified and flexible.

The Fixed-term Parliaments Act 2011 was effectively overridden when Boris Johnson passed the Early Parliamentary General Election Act 2019, demonstrating the flexibility of the UK's uncodified constitution.

Individual rights are not entrenched in the UK constitution.

The Police, Crime, Sentencing and Courts Act 2022 expanded police powers to restrict protests, raising concerns about the vulnerability of rights protected under the Human Rights Act 1998.

Judicial review has increased the constitutional role of the courts.

In the 2019 Miller II case, the Supreme Court ruled that Boris Johnson’s prorogation of Parliament was unlawful, affirming that the executive is subject to legal constraints.

Devolution has altered the UK's constitutional arrangements.

The establishment of the Scottish Parliament and Welsh Assembly in 1999 transferred some powers away from the UK Parliament, although Parliament retains overall sovereignty.

The Human Rights Act 1998 enhances judicial oversight.

The Act incorporated the European Convention on Human Rights into UK law, allowing courts to hear human rights cases domestically and issue declarations of incompatibility.

The Constitutional Reform Act 2005 increased judicial independence.

The Act created the Supreme Court, separating the highest court of appeal from the House of Lords and reforming the role of the Lord Chancellor.

Parliamentary sovereignty limits judicial power.

Despite the Supreme Court ruling the Rwanda asylum policy potentially unlawful in 2023, the government responded by pushing the Safety of Rwanda (Asylum and Immigration) Act 2024, asserting Parliament's legislative supremacy.

The UK constitution allows for rapid legislative change.

In April 2025, Parliament was recalled to urgently address the potential closure of the British Steel Scunthorpe plant, passing emergency legislation through both Houses in a single day.

The UK constitution is based on conventions.

The Salisbury Convention dictates that the House of Lords should not oppose legislation promised in the government's election manifesto, illustrating the role of unwritten conventions.

The UK constitution is unitary but allows for devolution.

While the UK Parliament retains sovereignty, devolution has granted legislative powers to Scotland, Wales, and Northern Ireland, creating a quasi-federal system.

Government must maintain the support of their own backbenchers.

In 2019, 118 Conservative MPs voted against Theresa May’s Brexit withdrawal agreement, contributing to her resignation.

The House of Lords can delay and amend legislation.

In 2021, the House of Lords defeated the government's Police, Crime and Sentencing Bill 14 times over civil liberty concerns, delaying its passage and forcing revisions.

Select Committees improve scrutiny of the executive.

The Health and Social Care Committee, chaired by Jeremy Hunt in 2020, was praised for its critical inquiry into the government’s COVID-19 response.

Parliament can hold the executive to account in emergencies.

In April 2018, Theresa May launched airstrikes in Syria without a prior Commons vote, leading to cross-party criticism and raising debate about the limits of the Royal Prerogative.

Private Members' Bills can influence legislation.

In 2024, MP Kim Leadbeater's bill to legalise assisted dying received backing in Parliament, highlighting the role of backbench MPs in legislative initiatives.

The House of Lords can challenge government policies.

In 2023, the House of Lords voted for seven amendments to Rishi Sunak's Rwanda Bill, demonstrating the upper house's influence in the legislative process.

Parliament can be recalled in emergencies.

In April 2025, Parliament was recalled from recess to address the potential closure of the British Steel Scunthorpe plant, reflecting the executive's control over Parliament during crises.

Backbench rebellions can influence policy.

In 2024, plans to criminalise rough sleepers were dropped after backlash from Conservative MPs, highlighting the impact of backbench dissent.

The Speaker ensures parliamentary order.

Speaker John Bercow played a significant role during the Brexit debates, allowing emergency debates and selecting amendments that challenged the government's position.

Whips maintain party discipline.

The Conservative Party's Chief Whip played a crucial role in securing votes for Theresa May's Brexit deals, though with limited success due to internal divisions.

Prime Ministerial power depends on party unity and majority.

Boris Johnson’s authority was undermined in 2022 following over 50 ministerial resignations, culminating in his resignation as PM in July.

Cabinet is increasingly dominated by the Prime Minister.

Theresa May was criticised in 2017 for relying heavily on her advisers Nick Timothy and Fiona Hill, sidelining Cabinet in Brexit negotiations.

Coalition and minority governments weaken Prime Ministerial power.

David Cameron had to compromise extensively during the 2010–2015 Coalition, such as agreeing to a referendum on electoral reform.

The executive controls most of the legislative agenda.

In 2023, Rishi Sunak’s government used the Parliament Acts to push through the Illegal Migration Bill despite strong Lords opposition.

Prime Ministers can be forced to resign by their party.

Margaret Thatcher resigned in 1990 after losing support from her Cabinet and facing a leadership challenge from Michael Heseltine.

Prime Ministers can centralise power through 'sofa government'.

Tony Blair was known for his 'sofa government' style, making decisions with close advisers rather than through full Cabinet discussions.

Prime Ministers can be constrained by senior ministers.

Tony Blair's relationship with Chancellor Gordon Brown was marked by tensions, with Brown exerting significant influence over economic policy.

Prime Ministers can lose authority due to policy failures.

John Major's government suffered a loss of credibility after 'Black Wednesday' in 1992, when the UK was forced to exit the ERM.

Prime Ministers can use reshuffles to assert authority.

In 2019, Boris Johnson conducted a significant Cabinet reshuffle, removing several ministers and promoting allies to key positions.

Prime Ministers can face challenges from within their party.

In 2022, Boris Johnson survived a vote of no confidence from Conservative MPs, but the narrow margin weakened his leadership.

The judiciary can check the executive through judicial review.

The 2017 Miller I case forced the government to seek parliamentary approval before triggering Article 50, reinforcing the judiciary’s role in maintaining constitutional balance.

The government can override the judiciary through legislation.

Following the Belmarsh case (2004), where the Law Lords declared indefinite detention of terror suspects unlawful, the government replaced the legislation with the Prevention of Terrorism Act 2005.

Parliamentary sovereignty limits judicial power.

Despite the Supreme Court ruling the Rwanda asylum policy potentially unlawful in 2023, the government responded by pushing the Safety of Rwanda (Asylum and Immigration) Act 2024.

Human Rights Act enhances judicial oversight of government.

In 2018, the Supreme Court ruled that Northern Ireland’s abortion laws breached human rights, pushing Parliament to act and extend abortion rights in 2019.

The Supreme Court can influence government policy.

In 2019, the Supreme Court ruled that Boris Johnson's prorogation of Parliament was unlawful, limiting executive power.

The executive can dominate Parliament with a strong majority.

In April 2025, the Labour government swiftly passed emergency legislation to address the British Steel crisis, reflecting executive dominance during crises.

The House of Lords can challenge government policies.

In 2023, the House of Lords voted for seven amendments to Rishi Sunak's Rwanda Bill, demonstrating the upper house's influence in the legislative process.

The judiciary can be perceived as politicised.

Critics argue that the Supreme Court's decisions in cases like Miller II reflect judicial activism, potentially undermining the separation of powers.

The executive can influence the judiciary through appointments.

The Prime Minister advises the Monarch on judicial appointments, allowing the executive to shape the judiciary over time.

Parliament can legislate against court rulings.

In 2005, following the Law Lords' ruling in the Belmarsh case, Parliament passed the Prevention of Terrorism Act, reasserting legislative power over judicial decisions.

The judiciary has declared legislation incompatible with human rights.

In R (Nicklinson) v Ministry of Justice (2014), the Supreme Court ruled that Parliament, not the courts, must decide on assisted dying laws — showing deference to legislative supremacy despite HRA concerns.

The Supreme Court checks executive power through constitutional interpretation.

In Evans v Attorney General (2015), the court ruled against the government's use of veto powers to block the release of Prince Charles’ “black spider” memos, protecting transparency.

The executive can trigger constitutional reforms.

The Constitutional Reform Act 2005 was introduced by Tony Blair’s government to reduce executive influence over the judiciary, creating the Supreme Court and reforming the Lord Chancellor's role.

The courts can protect civil liberties from executive action.

In Gillan and Quinton v UK (2010), the ECHR ruled the UK’s stop-and-search powers under the Terrorism Act 2000 violated Article 8 (right to privacy), leading to legal reform.

Parliamentary committees can hold the judiciary to account.

The Justice Select Committee regularly questions senior judges and scrutinises the Ministry of Justice’s policy and judicial reforms, fostering accountability across branches.

Executive influence over judiciary is limited by independent appointment.

The Judicial Appointments Commission, established in 2006, ensures judicial appointments are made based on merit rather than political preference.

The government can sideline judicial concerns.

The Illegal Migration Act 2023 was passed despite warnings from senior judges and legal groups that it could breach international law and human rights protections.

The ECHR can rule against UK government policy.

In 2022, the European Court of Human Rights blocked the first Rwanda deportation flight, leading to legal and political friction between UK courts, the government, and Strasbourg.

Parliament can be sidelined using Royal Prerogative powers.

In 2018, Theresa May launched airstrikes on Syria without parliamentary approval, invoking the prerogative — raising constitutional questions about the balance of powers.

Judges can indirectly influence legislation.

Though they cannot strike down Acts of Parliament, judges issuing declarations of incompatibility under the HRA (e.g. Anderson case, 2002) often prompt ministers to amend laws.

The Supreme Court can protect democratic accountability.

In Miller II (2019), the Court reaffirmed that proroguing Parliament to avoid scrutiny undermines the principle of parliamentary sovereignty and the rule of law.

Parliament Act 1949

Established the HOC of as the dominant chamber by limiting the Lord's delaying power to a year.

Dissolution and Calling of Parliament Act 2022

Parliament no longer has a role in deciding when elections are held, although elections must be held on the 5-year anniversary. The extent of powers cannot be questioned by the courts.

Scotland Act 2016

declared that the Scottish Parliament is a permanent feature of the constitution, element became codified.

Devolved powers

Scotland has the ability to provide free prescriptions.

COVID impact on devolution

Exacerbated divisions between parliament and devolved assemblies over managing a public health emergency, but they worked together under SAGE.

European Communities Act 1972

Parliament agreed to make itself subservient to EU law. Overturned 31st December 2020.

House of Lords reform 1998

Removed all by 92 hereditary peers, more diversity, less conservative dominated. Introduced life peers.

Local Government Act 2000

Introduced an elected mayor with executive powers including oversight over policing, transport and economic development. Bristol voted to replaced Mayor with committee system in 2022.

Freedom of Information Act 2000

Act giving the right of access to information held by public authorities such as schools & hospitals.

Opposition Days

Labour raised issues over Grenfell, NHS privatisation. Success: 2009 motion to allow Gurkhas to settle in the UK passed as 27 Labour MPs rebelled. Not forced to change policy but eventually did.

Public Bill Committee

George Monbiot (climate activist) vs DEFRA junior Minister Rebecca Pow during 2019-21 Environment Bill Committee

Select Committee - government nominees

Amanda Spielman 2016 - blocked from being head of Ofsted (only second time a committee blocked a nomination) for lacking passion.

Select Committee - hearing

Caroline Nokes was questioned by the Home Affairs Select Committee over a rodent infested home for mothers seeking sanctuary in the UK.

Lords Committee

Investigate specialist subjects. E.g. Constitution Committee revision of the Cabinet Manual by the Cabinet Office.

Parliamentary Debates

2013 Debate over Syrian airstrikes to deter away from the use of chemical weapons against civilians by the Syrian president - Cameron conceded to Parliament. However, he had a prerogative over foreign policy as 30 conservatives and 9 liberal democrats voted against the government. Context: many people did not want to be involved in the Iraq war.

Parliamentary questions

42% increase from 2017-2018, 50,000 written questions. However, punch and Judy politics as well as 'pasty questions'. e.g. Blair put down Major after months of Tory infighting 'I lead my party, he follows his'

2019 Prorogation of Parliament

SC denied the legitimacy of the decision, clarifying there was no concern over lawfulness but had issue with the scope and limit of the power. Ruled Ultra Vires - no sufficient power to prorogue as no reasonable justification. New act to stop this.

Smith vs Ministry of Defence 2013

Court conflict with govt due to direct threat to policy over security/war. Ruled that the government was responsible for soldier right to life - the MOD had to ensure equipment was a suitable standard.

Reilly vs Secretary of State for Work and Pensions

'Workfare' policy was unlawful as it forced people to work for a private company to receive unemployment benefit. Ultra vires - incompatible with article 4 (slavery).

Belmarsh cases 2004

Concerned the indefinite detention of foreign prisoners - declared unlawful.

May conflict with Courts

Courts prevented deportation of 177 prisoners due to their 'right to family' included Abu Qatada. However she later accepted the need for the government to be 'reviewed and constrained'

Article 50

Legal mechanism for a member state of the EU to leave.

Miller vs Secretary of State for Exiting the European Union 2017

The Government viewed triggering Article 50 as the royal prerogative over foreign affairs. However this was disputed, legal experts argued Parliament must consent to the triggering. Case ruled that an Act of Parliament was must be passed to give the government Parliament's permission.

The European Union (Notification of Withdrawal) Act 2017

triggered article 50

Constitutional Reform Act 2005

Act that enhanced judicial independence by establishing a Supreme Court, and reforming the appointments process and role of the Lord Chancellor

2020 local election turnout

33.4%

Brexit backbench rebellion

21 backbenchers who voted against hard Brexit had whip removed but allowed back in December 2019.

Parliamentary priviledge

The right of MPs or Lords to make certain statements within Parliament without being subject to outside influence, including law. E.g. 2018 Lord Hain named Sir Philip Green as the person behind an injunction banning the Daily Telegraph from publishing allegations of sexual and racial harassment that had been made about him.

Constitution provides weak protection of human rights

Conservative pledge to remove the human rights act and replace it with a British Bill of rights 2022 which would limit people's ability to seek reparations for human rights abuses.

no of bills passed in 2017-2019 by gov (compared to 15 PMBs)

41

Example of electorate's influence on constitutional change

Devolution Acts 1997/98 (Gave New Labour legitimacy)

Constitution allows human rights to be regularly updated and avoids outdated legislation

R V R 1991 which changed the law that Husbands could have consensual sex with their wives as this was an outdated law that viewed women as property.

Constitution puts the UK's core values and institutions at risk

While most citizens of the UK consider the NHS to be a crucial service to the UK, there is nothing in the constitution that prevents privatisation

Constitution is flexible and allows new laws to be brought about quickly and easily

Introduction of devolution in 1998 was due to rising nationalism in the devolved bodies

Constitution gives rise to an elective dictatorship

PMs can pass unpopular legislation. Tony Blair 2006 ID cards act.

Constitution allows for a strong executive

Historically, the UK have been able to make strong and decisive action—Thatcher's government from 1979-1990, privatisation and deregulation of the economy.

Reform to the house of lords has not gone far enough

92 Hereditary peers and 26 lord Spiritual, all peers are unelected

Reform to the house of lords has gone far enough

As of 2022, around one quarter of peers were cross benchers

Reform to the electoral systems have not gone far enough

FPTP still used to elect MPs to Westminster, not proportional representation

Reform to the electoral systems have gone far enough

Proportional representation used in devolved bodies, FPTP preserves strong governments such as Blair in 1997 with majority of 179

Devolution has not gone far enough

England has no form of devolution except metro mayors, ineffective

Devolution has gone far enough

Conflict with Scotland, Gender recognition bill 2020 blocked by Westminster

House of lords is unrepresentative

26% of peers are women and 6% are ethnic minorities as of 2022 - average age is 69

Must be a democratic deficit in order for the legislative process to function

The HoL acts of 1949 and 1911 would have to be repealed to give the second chamber more power if the house was more representative and democratic.

House of lords lacks legitimacy due to hereditary peers and lord’s spiritual

92 hereditary peers and 26 lord's spiritual

Would lose expertise

Lord Walton former president of The British Medical Association, can give informed expertise on health.

House of Lords independence is important for democracy

Around a quarter of Peers are cross benchers, meaning they are objective and non-partisan.

Elected house would increase accountability.

Despite allegations of sexual misconduct in 2018 Phillip Green is still a peer.

Northern Ireland – united parties

Good Friday agreement 1998 brought an end to over 30 years sectarian violence and created a power sharing agreement