The ‘twin pillars’ - UK Constitution

Question 1

What are the twin pillars?

Answer 1

• The UK Constitution is said to rest on the ‘twin pillars’ of parliamentary sovereignty and the rule of law

Question 2

Rule of law

Answer 2

• All people and bodies, including government, must follow the law and can be held to account if they do not
• Based on 4 key principles:
  
  • No-one is above the law
  • Everyone is equal before the law
  • The law is always applied
  • Legal redress is available through the courts

Question 3

Parliamentary Sovereignty

Answer 3

• Parliament can make, amend or unmake any law, and cannot bind its successors or be bound by its predecessors

Question 4

Why Rule of Law exists + example?

Answer 4

• Problems of an uncodified constitution = no higher law binding on political institutions
• Theoretically means no checks and balances on anything parliament wants to do
• Rule of law fulfils the same function, subjecting government to legal checks and constraints e.g. the UK Supreme Court ruling in 2019 that PM Johnson’s attempt to prorogue parliament for a number of weeks was unlawful, suggesting even the government is not above the law.