Do you ever find yourself wondering who rules over parliament? Why is it that they have power and the right to govern? The UK Constitution is what gives institutions their power in the UK. It is a very important feature of the British legal and political system.
This article will discuss the features and sources of the UK Constitution, as well as its timeline and ideology.
What is the British Constitution?
The British constitution is the set of laws and conventions that establish the functions of the three branches of government. It limits and defines government power, and outlines the rights and duties of citizens. The constitution is essentially the guidelines that oversee the UK’s government, to protect against abuses of power. The UK constitution differs from most as it is uncodified and comes from a variety of sources, whereas most constitutions are codified into one document.
Secondly, it is not entrenched. This means that the constitutional laws are as flexible as ordinary law, so they can be altered and removed if deemed necessary.
Thirdly, it is unitary. This means that the power is concentrated in one single institution, which is Parliament. This means that the legal and political processes that occur are more transparent and easily understood by the population.
There are two main forms of constitutions, codified and uncodified. Codified constitutions are when the constitution is all written into a single document (like the US or German constitutions). This is the most common form. An uncodified constitution is not all included within one single document. Instead, the the constitution is found in a variety of sources.
Entrenched laws usually require a 'super majority', or more than half, to overturn. For example, an amendment to the United States Constitution needs 2/3 of Congress and 3/4 of states to agree to overturn it instead of a simple majority.
UK Constitutional Ideology: the ‘Twin Pillars’
The UK constitutional ideology is also known as the ‘Twin Pillars’; that is the two main principles of the UK’s Constitution. The first pillar is the legal theory of the ‘rule of law’. This is where, under the law of the country, all persons, institutions and entities are equally accountable to the law.
There are three strands of the rule of law and these are; accountability (keeping the legislature in check for the creation of law), clarity (so that all can understand it) and predictability (so that in a case it is relatively easy to understand what the outcome may be).
The second pillar is parliamentary sovereignty. This is the idea that parliament is sovereign, that it has the most authority of any institution or person in the UK. This means that no body, for example, the UK Supreme Court, is able to repeal law enacted by parliament, only interpret it. It also means that they can make law in any area they want to, and that no parliament is bound by the law made by an earlier parliament. This means that they can repeal any law that an earlier parliament enacted.
Fig. 1 UK Parliament Square
Sources of the UK Constitution
Because the UK has an uncodified constitution, there are several main sources that it comes from. These are statute law, common law, conventions, authoritative works, and international law.
Statute Law in the UK Constitution
Statute law is one of the primary sources of the constitution. These are also known as Acts of Parliament as they are written law that has passed through parliament. Not all Acts of Parliament are part of the constitution, but those that govern the way the political system is set up and functions, and also those that determine the rights of the people, are constitutional.
Most see statute law as the most important because it has the most legal force, and it's also created by parliament.
Because statute law is so important for the UK constitution, many scholars argue that the constitution is a political one rather than a legal one.
Common Law in the UK Constitution
Common law is another important source of the UK constitution. This is the precedent set by judges who make decisions on cases where the statute law isn't clear or in cases where how statute law should be applied isn't clear. These rulings set precedents for later judges to make decisions.
Conventions in the UK Constitution
Conventions are a source of the UK’s constitution which are based on unwritten customs and practices. These are not legally binding but they are widely accepted. These can be quite easily changed by an Act of Parliament.
An example of a constitutional convention is that the UK government will not, except in an emergency, order military action without getting permission from the parliament.
Authoritative Works in the UK Constitution
Authoritative works are pieces published by academics of politics and law, who have commented on the law and how the UK should adopt it. These are relevant documents that serve as guides as to how the government should act but they do not have legal force.
International Law in the UK Constitution
The final source of the UK constitution is international law. This includes treaties and written agreements made between the UK and other countries. Once signed they are scrutinised by parliament, and if accepted, become law, holding influence over statute law. As such, any international law that impacts the function of the political system or the rights of the people is part of the UK's constitution.
One of the more important parts of international law that contributed the constitution was European Union Law. But, as of the 31st of January 2020, the UK is no longer part of the EU and therefore this law no longer applies though much of this law has now been incorporated as domestic legislation anyway.
Timeline of the UK Constitution's development
The British constitution, as discussed above, has come from a variety of sources. One of the more important sources for the constitution is statute law. Below is a timeline of the key documents that have heavily influenced the constitution of Britain.
Fig. 2 The Magna Carta
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