8.1b Nature of the UK constitution Flashcards
Unentrenched
The UK constitution is unentrenched, meaning that it is easily changed – by a simple act of parliament or even a shift in convention.
Uncodified
The UK constitution is uncodified, meaning that it is not written down in one document and is made up of multiple sources.
Unitary
The UK constitution is unitary, meaning that all power is centralised in the Parliament in Westminster.
This principle has been diluted in recent years due to devolution and many scholars would now refer to the UK as a ‘union state’.
Rule of law
Rule of Law is the idea that everyone, including the government, is subject to the law and held accountable to it.
In reality, this means that everyone is entitled to a fair trial and that all citizens, including public officials, are equal under the law and must obey it.
For this to work effectively, the judiciary must also be independent of political interference.
Parliamentary sovereignty
Parliamentary sovereignty is the idea that parliament is supreme and ultimate authority sits with it, as representative of the people.
No Parliament can bind its successor – this means that parliament can repeal any act passed by previous parliament.
Parliament is also the supreme legislative body and legislation can’t be changed, struck down or ignored by the judiciary or the executive.
Statute law
Statute law is all legislation created by parliament.
Not all laws are considered constitutional – only those that deal with the nature of politics and government or the rights of citizens.
Statue law is the most important source of the constitution due to the principle of parliamentary sovereignty. All other sources can be overridden by statute law.
Examples of statute law
For example, the 2005 Constitutional Reform Act created a separate Supreme Court.
The 1918 Representation of the People Act which allowed all men and some women to vote.
Common law
Common Law is made up of customs and judicial precedent (when judicial decisions clarify the meaning of statute or make rulings in the absence of statute).
A lot of constitutional principles, such as the Royal Prerogative are a part of common law.
Conventions
Conventions are customs and practices that are accepted as the way of doing things.
An example is the convention that the Prime Minister is the leader of the largest party in parliament.
Conventions can be removed or made permanent by statute law.
The 2011 Fixed Term Parliaments Act put into statute law the convention that the Government should resign if it is defeated in a vote of no confidence.
Authoritative works
Authoritative works, such as Walter Bagehot’s ‘The English Constitution’ are books or written guides to the working of the UK constitution.
Although they are widely respected, they are not legally binding.
Treaties
Treaties are agreements signed with other countries.
The most important treaties affecting the UK constitution are the treaty that entered Britain into the EEC in 1972 and the Maastricht Treaty (1992) which established the European Union..
