1.1 The nature and sources of the UK constitution

The UK constitution is unique, blending written and unwritten elements from various sources. It's flexible, allowing adaptation to changing times without formal amendments. This flexibility stems from its uncodified nature, relying on statutes, common law, conventions, and historical documents.

At its core, the UK constitution rests on key principles like parliamentary sovereignty and rule of law. These shape how government works and ensure accountability. The system's flexibility has pros and cons, enabling quick changes but potentially creating uncertainty about constitutional rules.

Characteristics of the UK Constitution

Uncodified Nature and Flexibility

Top images from around the web for Uncodified Nature and Flexibility

• 

  Fixed term Parliaments: ten observations from across the pond View original

  Is this image relevant?

• 

  The Campaign for Suffrage View original

  Is this image relevant?

• 

  Fixed term Parliaments: ten observations from across the pond View original

  Is this image relevant?

• 

  The Campaign for Suffrage View original

  Is this image relevant?

1 of 2

Top images from around the web for Uncodified Nature and Flexibility

• 

  Fixed term Parliaments: ten observations from across the pond View original

  Is this image relevant?

• 

  The Campaign for Suffrage View original

  Is this image relevant?

• 

  Fixed term Parliaments: ten observations from across the pond View original

  Is this image relevant?

• 

  The Campaign for Suffrage View original

  Is this image relevant?

1 of 2

• Uncodified constitution derives from various sources rather than a single document
• Highly flexible allows evolution and adaptation to changing circumstances without formal amendments
  • Adapts to new political realities (devolution to Scotland and Wales in late 1990s)
  • Responds to societal changes (expanding voting rights over time)
• Relies heavily on conventions non-legally binding but politically obligatory practices
  • Prime Minister resigning after losing a vote of no confidence
  • Monarch acting on advice of ministers

Core Constitutional Principles

• Parliamentary sovereignty grants ultimate law-making authority to UK Parliament
  • Parliament can make or unmake any law
  • No other body can override Acts of Parliament
• Rule of law ensures all individuals and institutions subject to and accountable to law
  • Government must act within legal limits
  • Courts can review legality of executive actions
• System of checks and balances despite no formal separation of powers
  • Judiciary reviews legality of government actions
  • Parliament scrutinizes executive through committees

Sources of the UK Constitution

Statutory and Common Law Sources

• Statutes (Acts of Parliament) form significant part of constitution
  • Human Rights Act 1998 incorporated European Convention on Human Rights
  • Scotland Act 1998 established Scottish Parliament and devolved powers
  • Constitutional Reform Act 2005 reformed judicial appointments
• Common law developed through judicial decisions over centuries
  • Right to a fair trial
  • Principle of habeas corpus
  • Doctrine of ministerial responsibility

Unwritten Sources and International Influences

• Constitutional conventions unwritten rules governing behavior of constitutional actors
  • Prime Minister is leader of largest party in House of Commons
  • Ministers must be members of Parliament
• Royal Prerogative powers exercised by ministers on behalf of monarch
  • Conducting foreign affairs
  • Granting honors
  • Appointing ministers
• International treaties and agreements influenced constitutional framework
  • EU membership shaped UK law pre-Brexit (European Communities Act 1972)
  • European Convention on Human Rights incorporated via Human Rights Act
• Academic works by constitutional scholars aid interpretation
  • A.V. Dicey's Introduction to the Study of the Law of the Constitution
  • Walter Bagehot's The English Constitution

Historical Documents and the UK Constitution

Medieval and Early Modern Foundations

• Magna Carta (1215) established principles of limited government and individual rights
  • Constrained monarchical power
  • Established right to due process
• Bill of Rights (1689) further limited monarchical power and strengthened Parliament
  • Prohibited monarch from suspending laws
  • Established free elections for Parliament
• Act of Settlement (1701) established royal succession rules and judicial independence
  • Required judges to hold office during good behavior not at monarch's pleasure
  • Limited succession to Protestant heirs

Modern Constitutional Developments

• Acts of Union (1707 and 1800) created unified Kingdom of Great Britain and later UK
  • Merged English and Scottish parliaments
  • Incorporated Ireland into United Kingdom
• Parliament Acts of 1911 and 1949 redefined relationship between Commons and Lords
  • Limited Lords' power to block legislation
  • Established Commons' primacy in financial matters
• European Communities Act 1972 (repealed) incorporated EU law into UK legal system
  • Gave EU law supremacy over UK law in certain areas
  • Allowed direct application of EU regulations

Advantages vs Disadvantages of an Uncodified Constitution

Benefits of Constitutional Flexibility

• Allows evolution without formal amendment procedures
  • Constitution adapted to universal suffrage without needing formal amendments
  • Devolution implemented through regular Acts of Parliament
• Permits nuanced response to political crises and changing societal needs
  • War-time coalition governments formed without constitutional barriers
  • Constitutional conventions evolved to limit monarch's personal power
• Fosters culture of political pragmatism and compromise
  • Changes can be made through normal legislative processes
  • Encourages negotiation and consensus-building in Parliament

Challenges of an Uncodified System

• Potential uncertainty and lack of clarity about constitutional rules
  • Debates over extent of royal prerogative powers
  • Ambiguity in conventions like ministerial responsibility
• Absence of special protection for constitutional norms
  • Fundamental rights can be altered by simple majority in Parliament
  • No entrenched provisions requiring supermajorities to change
• Risk of excessive concentration of power in executive
  • Prime Minister's powers expanded through convention without formal checks
  • Erosion of parliamentary scrutiny through use of statutory instruments
• Complexity makes constitution less accessible to general public
  • Requires understanding of various sources and historical context
  • Can undermine democratic engagement and constitutional literacy