THE UK CONSTITUTION

The following information leaflet provides information on the most basic and important elements
of the UK Constitution.
What is a Constitution? Main characteristics of the Advantages of the UK’s
A constitution is a code of United Kingdom’s Constitution
laws and guidelines within constitution We’ll start with the
which the government of a The first one is sovereignty of constitution’s Flexibility first.
country functions. Almost all the Parliament. In other words, If the constitution was written
countries today have a it is the supreme legislative on a single piece of
constitution that stipulates power in the United Kingdom. document, it would
such rules within a single It may enact and repeal laws, stringently freeze in its
document. However, the UK and not even the judicial branch evolution. That not being the
is unique since it has no one has the power to interfere with case is a good point because
written constitution. But you its legislation. Therefore, the Parliament can easily
may be asking yourself how Parliament’s word is the last address new issues and
the UK knows how to govern one on any given issue, and challenges like modern
itself? hence, it is known as the human rights issues or
Since the UK’s Constitution “sovereign” body of the technological issues.
is not coded in one place, it constitution. The second advantageous
can be more appropriately The second main element of the constitution
described as an Unwritten characteristic of the UK is its Stability. While the
Constitution. It is like a Constitution is the rule of law. constitution is more of an
puzzle game, where each It exercises strict control over unwritten constitution, it has
piece forms another section the entire population and proved to offer the nation
that goes together to create requires everyone, even the stability that it has needed for
the full picture. It is a very highest officials, to obey the over five hundred years.
flexible system and somewhat law. The courts ensure this Conventions and traditions
not easy to understand! principle through the execution have become ritualized, and
Main Sources of the UK of the duties by the government. therefore a number of basic
Constitution This ensures fairness and helps assumptions of how “the
Statute laws made by the to prevent abuse of power and a game is played” are intuitive,
Parliament as they are the violation of basic human rights. even if it is not codified.
building blocks of the Another important An essential aspect of the
constitution. One example of characteristic of the UK’s unique constitution is
statute law is the Human constitution is the separation its Democratic
Rights Act 1998 which of powers. While the UK Accountability. What this
protects the fundamental doesn’t have a strict separation means is that the members of
rights and freedom of the of powers like some countries, the parliament have the
people. When speaking about there is a balance between three powers to alter and shape the
the statute law, one needs to branches of government: the constitution with an aim of
know that it forms the basis legislative, also known as implementing the voices and
of the legal system in the Parliament, the executive, or the will of the people.
United Kingdom, however it government, and the judiciary. Lastly, the UK currently is
evolves with the introduction This way, there is some measure a constitutional monarchy.
of new legislations. of check between the three This means that the monarch,
While statute law originates branches so that one does not King Charles Ill, remains the
from legislation, Common overpower the others, though head of the state, but his
law originates from the they do overlap at some points, powers are limited. It should
decisions made in court. such as the Prime Minister be noted that the real power
Judges interpret and apply the being a part of both the lies with the elected
laws in a manner that can executive and legislative government, and the monarch
shape the constitution. For branches. is mainly involved in official
instance, choices about Lastly, the UK currently is a ceremonial affairs.
autonomy liberties such as constitutional monarchy. This Awareness is
the free speech issue originate means that the monarch, King Important!
from the judges’ Charles Ill, remains the head of Awareness of the UK
interpretation of prior cases. the state, but his powers are Constitution is vital for
Conventions are norms that limited. It should be noted that citizens as it shapes their
are practiced blindly and are the real power lies with the rights, responsibilities, and
not formally written laws. elected government, and the the limits of government
They provide for the voids in monarch is mainly involved in power. Despite being
the legal framework. One official ceremonial affairs. unwritten, it is formed by
well-known convention is laws, conventions, and
that the Prime Minister must precedents that safeguard
be a member from the House freedoms and ensure
of Commons although it is accountability. These
not etched in law. It is principles assist the citizens
important to note that in appreciating democratic
conventions are not laws that governance, identifying
can be enforced legally, yet where their rights are at risk,
betraying them can instigate and where the leaders should
political anarchy! explain their behavior. The
Works of Authority are average person then develops
writings by constitutional into a responsible member of
experts to provide society by actively engaging
consolidated ideas that aim to in just and fair governance
give meaning to areas that and supporting the political
may not be well defined. structures that uphold
These works include A.V. individual liberties.
Dicey’s “Introduction to the The normative constitution
Study of the Law of the has been beneficial to the
Constitution” which throws country for many years
light on the principles of because it is flexible as well
parliamentary sovereignty as stable. Hence, it is
and the rule of Law. essential to understand the
Historic Influence to the current system of governance
Laws of the European in the UK irrespective of the
Union constitution choice they
Since pre-Brexit, the UK was choose to go with in the
involved in the EU therefore future.
aspects of EU law were
involved in the formation of
the constitution. However,
following Brexit, much of
this change was undone, but
portions of EU law still
persist within the UK legal
framework, primarily in
regulations regarding
workers’ remunerations and
environmental protection.
References
Baranger D, ‘The New British Constitution by Vernon Bogdanor’ (2010) 73 Modern Law
Review 331
Bogdanor V, ‘The Veiled Sceptre’ (Google Books12 April 2018)
<https://books.google.com.pk/books/about/The_Veiled_Sceptre.html?
id=J7pQDwAAQBAJ&redir_esc=y> accessed 23 September 2024
Craig P and de Burca G, ‘EU Law: Text, Cases, and Materials’ (Google Books21 July 2020)
https://books.google.com.pk/books?
id=nLaNiry3if8C&printsec=frontcover&redir_esc=y#v=onepage&q&f=false accessed 23
September 2024
Gamson DA, The Importance of Being Urban (2019) <https://academic.oup.com/chicago-
scholarship-online/book/31056> accessed 23 September 2024
Indian J.L. & Legal Rsch, ‘About | HeinOnline’ (HeinOnline2023)
<https://heinonline.org/HOL/LandingPage?
handle=hein.journals/injlolw11&div=549&id=&page=> accessed 23 September 2024
Jowell JL and Oliver D, ‘The Changing Constitution’ (Google Books2007) accessed 23
September 2024
Legislation.gov.uk, ‘Human Rights Act 1998’ (Legislation.gov.uk1998)
<https://www.legislation.gov.uk/ukpga/1998/42/contents>
Stevens R, ‘Jurisprudence - Robert Stevens: The English Judges: Their Role in the Changing ...’
(Jurisprudence.cz2005) accessed 23 September 2024
UCL, ‘Brexit, Parliament and the Constitution’ (The Constitution Unit18 July 2019)
<https://www.ucl.ac.uk/constitution-unit/research-areas/uk-andeurope/brexit-parliament-and-
constitution> accessed 23 September 2024
UK Parliament, ‘The Parliament Acts’ (UK Parliament2019)
<https://www.parliament.uk/about/how/laws/parliamentacts/>
Venn Dicey A, ‘Introduction to the Study of the Law of the Constitution’ (Google Books1915)
<https://books.google.com.pk/books/about/Introduction_to_the_Study_of_the_Law_of.html?
id=jNOjAAAAMAAJ&redir_esc=y> accessed 23 September 2024