The Nature & Sources of the UK Constitution

The United Kingdom’s constitution is a product of centuries of political, social, and legal development. Unlike many other nations, the UK does not have a single written or codified constitutional document. Instead, its constitution has evolved through statutes, conventions, legal judgements, and historical documents, forming a unique and flexible framework for governance.

Development of the Constitution through Key Historical Documents

The UK Constitution has been shaped by several significant documents, many of which were responses to political crises and reflected shifts in the balance of power between the monarchy and Parliament. The most important of these include:

Magna Carta (1215): Often seen as the cornerstone of the UK Constitution, the Magna Carta was a charter agreed between King John and the barons. It established the principle that the monarch was subject to the law, not above it, and introduced the right to a fair trial and protection from arbitrary imprisonment. Although much of the Magna Carta is now obsolete, its symbolic value endures, particularly regarding the rule of law.

Bill of Rights (1689): Following the Glorious Revolution, the Bill of Rights was enacted to cement parliamentary supremacy over the monarchy. It established important principles such as regular parliaments, free elections, and the rights of MPs. The Bill of Rights limited the powers of the monarch and outlined certain civil liberties, forming a foundation for the development of constitutional monarchy and parliamentary democracy.

Act of Settlement (1701): This Act clarified the succession to the English throne and ensured judicial independence by stating that judges could only be removed by Parliament. It further limited royal prerogative and strengthened parliamentary sovereignty.

Acts of Union (1707): These Acts united the Kingdoms of England and Scotland, creating the Kingdom of Great Britain. They merged the two parliaments and established a single state, marking a significant constitutional transformation that shaped the modern UK.

Parliament Acts (1911 and 1949): The Parliament Act 1911 curbed the powers of the House of Lords, especially concerning money bills, and established that the Lords could only delay, not block, most legislation. The 1949 Act further reduced the Lords’ delaying power, reinforcing the Commons’ dominance and the principle of parliamentary sovereignty.

The Nature of the UK Constitution

The UK Constitution is characterised by several distinctive features:

• Unentrenched: The UK Constitution is not protected by special amendment procedures. It can be altered by a simple majority in Parliament, making it flexible and responsive to changing circumstances.
• Uncodified: Unlike constitutions that are written down in a single document (such as the US Constitution), the UK’s constitutional rules and principles are found in a variety of sources, including statutes, conventions, and judicial decisions.
• Unitary: Power is concentrated at the centre (Parliament in Westminster), and any devolved powers to Scotland, Wales, and Northern Ireland can legally be recalled by Parliament.

The ‘Twin Pillars’ of the UK Constitution:

• Parliamentary Sovereignty: Parliament is the supreme legal authority in the UK and can make or repeal any law. No Parliament can bind its successor, and no court can overrule its legislation.
• The Rule of Law: Everyone, including the government, is subject to the law. The rule of law ensures that power is exercised according to agreed legal procedures and protects individual rights.

The Five Main Sources of the UK Constitution

The UK Constitution draws from a combination of written and unwritten sources. These are:

• Statute Law: Laws passed by Parliament (Acts of Parliament) are the most important source. Examples include the Human Rights Act 1998 and the Fixed-term Parliaments Act 2011.
• Common Law: These are legal principles and rules established by court judgments and precedents. Common law fills gaps where there is no statute and can develop constitutional principles, such as the royal prerogative and habeas corpus.
• Conventions: These are unwritten rules that govern constitutional behaviour but are not enforceable in the courts. For example, the convention that the Prime Minister must be a member of the House of Commons, or that the monarch gives Royal Assent to legislation.
• Authoritative Works: These are writings by constitutional experts that help clarify constitutional practices and rules. Notable examples include A.V. Dicey’s “An Introduction to the Study of the Law of the Constitution” and Erskine May’s “Parliamentary Practice”.
• Treaties: International agreements signed and ratified by the UK, such as the Treaty of Maastricht (which created the European Union), become part of the UK’s constitutional framework, especially when incorporated into domestic law by statute.

Summary

The UK Constitution is a unique, evolving set of rules and principles, combining ancient precedent with modern legislation. Its unentrenched, uncodified, and unitary nature allows adaptability, while the twin pillars of parliamentary sovereignty and the rule of law ensure democratic legitimacy and accountability. Understanding its sources and development is essential for appreciating how the UK is governed today.