Constitution of UK

Constitution of UK: England is a country that doesn’t have a written constitution like some others around the world. Instead, it follows an “uncodified constitution.” The government of the UK abides by a set of written rules and regulations that come from a mix of English and Scottish laws, as well as international treaties and agreements accepted by the UK.

In this article, we will learn about the Constitution of the UK in great detail, and take a look at its salient features, different institutions, and the reforms made over time as well.

Let’s get started!

History of UK Constitution

The English Parliament is often called the “mother of parliaments” and has been around for more than seven centuries. A crucial part of England’s constitution is the Magna Carta, also known as the Great Charter of the Liberties of England, created by barons and forced upon King John in 1215. This document’s influence has shaped English laws for many centuries and inspired constitutions worldwide, including the USA and the Universal Declaration of Human Rights.

Another important milestone in the British Constitution is the English Bill of Rights, passed after the Glorious Revolution of 1689 and the Acts of Union 1707. This bill solidified the connection between England and Scotland, forming a unified constitution for the UK.

Constitution of UK – Parliament and Constitution

Since there isn’t a written constitution, there was a debate about the government’s powers without Parliament’s approval. Constitutional experts suggested that before the Prime Minister triggered “Article 50” of the “Treaty of Lisbon” to exit the European Union, Parliament should be consulted and vote on it. They disagreed with the idea of bypassing Parliament in the final stages of negotiations. In 2016, ordinary citizens went to the High Court to stop the activation of “Article 50” without Parliament’s consent. The High Court decided on November 3rd, and the Supreme Court confirmed it on January 24th. It was ruled that Parliament must vote before activating “Article 50,” and so it did.

British Constitution is Written or Unwritten?

The British Constitution is considered unwritten. This does not mean there are no written documents; rather, it means there is no single, comprehensive, written document codifying all constitutional laws and principles. The British Constitution is a complex amalgamation of written laws (statutes), judicial decisions (case law), historical documents, conventions, and works of authority that together define the government’s structure, powers, and citizen rights. Key documents contributing to the constitution include the Magna Carta (1215), the Bill of Rights (1689), and the Act of Settlement (1701), among others.

UK Constitution Features

The constitution of the United Kingdom is considered “unwritten” in the sense that it is not codified into a single document. Instead, it is derived from several sources, including statutory laws (acts of Parliament), common law (judicial precedents), historical documents, and conventions. Here are some key features of the UK Constitution:

1. Uncodified Constitution: Unlike many modern states, the UK does not have a single, written document that outlines and constitutes the framework of its government. It is described as “uncodified” or “unwritten.”
2. Rule of Law: The principle that the law applies to everyone, including those in power, is a cornerstone of the UK Constitution. This ensures equality before the law and the protection of individual rights.
3. Parliamentary Sovereignty: Parliament is the supreme legal authority, capable of creating or ending any law. Generally, the courts cannot overrule its legislation, and no Parliament can pass laws that future Parliaments cannot change.
4. Constitutional Monarchy: The UK is a constitutional monarchy, where the monarch (currently Queen Elizabeth II) is the head of state within the parameters set by the constitution, whereas the elected government (led by the Prime Minister) is the head of government.
5. Democratic Principles: The UK Constitution supports democracy, enabling the citizens to vote for their representatives in Parliament. The functioning of the democratic process is guided by various acts of Parliament and conventions.
6. Separation of Powers: While not as rigidly enforced as in some other constitutions, there is a separation of powers between the executive (government), the legislature (Parliament), and the judiciary. This separation is, however, more blurred with the Prime Minister and the cabinet being part of both the executive and the legislature.
7. Judicial Independence: The judiciary is independent of the executive and the legislature. This independence ensures that judges can make decisions free from political pressure.
8. Human Rights: The Human Rights Act 1998 incorporates the European Convention on Human Rights into UK law, guaranteeing fundamental rights and freedoms to individuals.
9. Devolution: Power has been devolved to Scotland, Wales, Northern Ireland, and London, each of which has its own parliament or assembly and varying degrees of legislative authority.
10. Constitutional Conventions: Many of the UK’s constitutional practices are based on conventions, which are unwritten rules of constitutional behavior. These are considered binding, but they are not enforced by courts.

The UK Constitution’s flexibility allows for adaptation and change over time, responding to contemporary needs without the necessity for a formal amendment process typical of written constitutions. However, this flexibility also leads to debates about the clarity and certainty of the UK’s constitutional arrangements.

UK Constitution Articles

The United Kingdom does not have a written constitution compiled into a single document. Instead, its constitutional framework is based on a combination of statutes (laws passed by Parliament), common law (laws established through court judgments), historical documents, and conventions. Due to this unique structure, the UK does not have “constitutional articles” in the way that countries with written constitutions do.

However, there are several key documents and laws that are considered foundational to the UK’s constitutional order:

1. Magna Carta (1215): Often regarded as a cornerstone of English liberty, law, and democracy, it established the principle that the king and his government were not above the law.
2. The Bill of Rights (1689): An Act of Parliament that laid down limits on the powers of the crown and set out the rights of Parliament and rules for freedom of speech in Parliament, the requirement for regular elections to Parliament, and the right to petition the monarch without fear of retribution.
3. The Act of Settlement (1701): Determined the succession to the English and Irish crowns to Protestants only, to ensure a Protestant monarchy, and established the independence of the judiciary.
4. The Acts of Union (1707 and 1800): Unified England and Scotland into Great Britain (1707) and then Great Britain and Ireland into the United Kingdom of Great Britain and Ireland (1800), with the latter now being the United Kingdom of Great Britain and Northern Ireland after the secession of the majority of Ireland in 1922.
5. The Parliament Acts (1911 and 1949): Limited the powers of the House of Lords in relation to those of the House of Commons.
6. The Human Rights Act (1998): Incorporated the European Convention on Human Rights into UK law, allowing British courts to hear human rights cases.
7. The Constitutional Reform Act (2005): Further clarified the separation of powers, especially regarding the judiciary, by establishing the Supreme Court of the United Kingdom and reforming the office of the Lord Chancellor.
8. Devolution Acts: Such as the Scotland Act (1998), the Government of Wales Act (1998), and the Northern Ireland Act (1998), which devolved certain powers to Scotland, Wales, and Northern Ireland, respectively.

These documents, among others, along with a host of conventions (unwritten practices that are followed by the state’s institutions), form the backbone of the UK’s constitution.

Sources of UK Constitution

The United Kingdom’s constitution is unique for being uncodified, meaning it is not written in a single, consolidated document. Instead, it derives from various sources that collectively form the constitutional framework of the country. These sources include:

1. Statute Law: Laws passed by the UK Parliament, which are written and accessible. These are the highest source of law and include significant constitutional statutes, such as the Human Rights Act 1998 and the Scotland Act 1998.
2. Common Law: Legal principles and judicial decisions made by courts. Common law evolves over time based on precedents set by court rulings, contributing to constitutional conventions and the protection of rights.
3. Constitutional Conventions: Unwritten practices and traditions followed by the country’s institutions. While not legally enforceable, they are considered binding and include principles like the Royal Assent to legislation and the resignation of a government following a vote of no confidence.
4. Historic Documents: Foundational texts that have played a significant role in shaping the constitutional landscape of the UK. Notable examples include the Magna Carta (1215), the Bill of Rights (1689), and the Act of Settlement (1701).
5. Works of Authority: Legal writings and commentaries by respected authors that are used as reference guides for understanding the constitution. Works by A.V. Dicey, Erskine May, and Walter Bagehot are considered authoritative texts on the UK constitution.
6. European Union (EU) Laws and Treaties (Pre-Brexit): Prior to Brexit, EU laws and treaties were a significant source of the UK’s legal system, superseding UK laws in areas of conflict. Following Brexit, the European Union (Withdrawal) Act 2018 repealed the supremacy of EU law but incorporated existing EU law into UK law as “retained EU law.”
7. International Law and Treaties: The UK is bound by international law and treaties it has ratified, which influence the country’s legal system and have constitutional significance, such as the European Convention on Human Rights, which is incorporated into UK law via the Human Rights Act 1998.

These diverse sources provide a flexible framework that allows the UK’s constitution to evolve over time, adapting to changes in society, politics, and the international environment. This flexibility is seen as both a strength, allowing for adaptability and resilience, and a challenge, due to the complexity and lack of a single, unified document.

Constitution of UK – Institutions

The Parliament

The Parliament
Institution	The Parliament
Description	The British Parliament, evolving over three centuries, is the sole entity with sovereign powers due to the absence of a written constitution. It is bicameral, consisting of the House of Lords and the House of Commons.
Structure	– House of Lords: Second chamber, with hereditary members. – House of Commons: Fixed strength at 650 members.
House of Lords Categories	Life peers, law lords, bishops, and elected hereditary peers.
Powers	The House of Lords can propose and pass amendments, but its powers are restricted. If it disagrees with legislation, it can only delay enactment for up to a year. Rules ensure alignment with the House of Commons and the government’s views.

The House of Lords

The House of Lords
Institution	The House of Lords
Description	Second chamber of the UK Parliament, part of the bicameral system.
Structure	Divided into four categories: life peers, law lords, bishops, and elected hereditary peers.
Powers	Can propose and pass amendments; powers are restricted, and disagreements with legislation result in a maximum one-year delay in enactment. Rules ensure alignment with the House of Commons and the government’s views.

The House of Commons

The House of Commons
Institution	The House of Commons
Description	Lower chamber of the UK Parliament presided over by the Speaker.
Structure	Population-dependent fluctuation in the number of members. Prime Minister leads the government and is a member of the House of Commons majority party or coalition.
Leadership	Prime Minister leads the government, but no longer the leader of the House of Commons. Speaker of the House of Commons is the majority party’s chief spokesman.
Cabinet	Usually made up of House of Commons members from the majority party.

Constitution of UK – Common Law and the Constitution

Another important part of the UK’s uncodified constitution, besides Parliament, is “Common Law.” Unlike other countries, Great Britain doesn’t have a “Penal Code” or “Civil Code,” but relies on Common Law, which is based on historical principles of right and wrong. Even though it has historical roots, Common Law can be changed by judges at any time. This slower evolution helps reflect changes in social norms and society. While Common Law can’t conflict with parliamentary laws, its decisions can be challenged by appealing to higher courts.

Constitution of UK – Key Reforms Made Over Time

This table summarizes key events and legislative acts related to the constitutional development of the United Kingdom:

Year	Event/Act	Key Points
1536/1543	Acts of Union between Wales and England	Legal incorporation of Wales into England; Restriction on Welsh language in court proceedings
1689	Bill of Rights	Established terms for the ascension of William III and Mary II; Firmly established Parliament’s authority
1701	Act of Settlement	Prevented Catholics from taking the English throne; Enhanced Parliament’s power
1706-1707	Acts of Union between Scotland and England	United England and Scotland into a single legislature; Scotland retained own legal system
1800	Act of Union with Ireland	Controversial union; No measures to remove discrimination against Catholics
1911, 1949	Parliament Acts	Primacy of the House of Commons; Reduced power of the House of Lords
1972	European Communities Act	Incorporated European Community Law into UK domestic law; Established EU law as supreme
1998	Human Rights Act	Gave direct effect to European Convention on Human Rights in UK law; Empowered UK courts in human rights
1999	House of Lords Act	Reduced size of the House of Lords; Removed hereditary peerages
2018	European Union (Withdrawal) Act	Repealed European Communities Act 1972; Transferred EU law to UK statute book

Constitution of UK – Salient Features

1. British Constitution is unwritten.
2. The British Constitution keeps evolving with time.
3. British Constitution is flexible.
4. British Constitution has a unitary character
5. British Constitution promotes a parliamentary executive.
6. British Constitution promotes a Sovereign Parliament.
7. British Constitution upholds the Rule of Law.
8. British Constitution prescribes an Independent Judiciary.

Conclusion

The British Constitution is unique because it’s not written down, unlike many other constitutions worldwide. This lack of documentation makes it uncodified, granting the flexibility to change laws whenever needed. Another crucial aspect is “Common Law,” which plays a significant role in shaping laws after the decisions made by Parliament.

FAQs on Constitution of UK

What is the Constitution of UK called?

The set of documents that belongs to England’s constitution is considered as the “MAGNA CARTA”, or “Great Charter of the Liberties of England”, which was drawn up by the barons and forced for the acceptance by King John in 1215.

What is the rule of law in the UK constitution?

The rule of law is a defining feature of constitutional democracies and a fundamental principle underpinning the British constitution. It prevents the abuse of state power, requires the law to be followed by all, and ensures that legal rights are fulfilled in practice.

Is the UK constitution written?

The UK is often said to have an ‘unwritten’ constitution. This is not strictly correct. It is largely written, but in different documents. But it has never been codified, brought together in a single document.

Does England have a constitution?

The United Kingdom has never had a written constitution embodied in a single document. The foundational constitutional text for what is now the UK is the Magna Carta issued by King John of England in 1215.

Who is the head of state in the UK?

The British monarch is the head of state and the sovereign, but not the head of government. The monarch takes little direct part in governing the country and remains neutral in political affairs.