The UK Constitution
The Nature of the UK Constitution
- The UK Constitution can be classified as unwritten and uncodified.
- This means that unlike other nations, UK does not have a single document outlining its fundamental laws. Instead, it exists in several written and unwritten sources.
- Key components include statute law (laws passed by Parliament), common law (laws established by court judgments), royal prerogatives (traditional powers of the monarch), and historic documents (like the Magna Carta).
- Conventions, or established practices, are also key aspects, examples include the Prime Minister being the leader of the largest party in the House of Commons.
Principles of the UK Constitution
- The principle of parliamentary sovereignty suggests that Parliament can make, amend, or repeal laws as it sees fit, and no other body can overturn these laws.
- However, the idea of parliamentary supremacy can be constrained by other factors like membership in international bodies (i.e., when UK was part of the EU), devolution of powers, and Human Rights Act.
- The rule of law states that every person is subject to the law and it should be fairly applied and enforced.
- The idea of constitutional monarchy explains that though the UK has a monarch, the real power lies with the Parliament.
Changing Nature of the UK Constitution
- The UK Constitution has evolved over time through constitutional reforms.
- Major changes include the Human Rights Act 1998, which integrates European Convention on Human Rights into UK law, and the Scotland Act 1998, which established the Scottish Parliament.
- These changes have prompted discussions around the potential codification of the UK Constitution.
Strengths and Weaknesses of the UK Constitution
- Strengths include flexibility, since it can be changed through an Act of Parliament relatively easily, and its ability to incorporate historical traditions.
- Weaknesses include lack of clarity and certainty because of its uncodified nature, lack of separation of powers and potential for government to have excessive power due to parliamentary sovereignty.