Constitution of the United Kingdom

The United Kingdom has an uncodified constitution, consisting of both written and unwritten sources. There is no technical difference between ordinary statutes and law considered "constitutional law". Therefore the Parliament of the United Kingdom can perform "constitutional reform" simply by passing Acts of Parliament and thus has the power to change or abolish any written or unwritten element of the constitution. The constitution is based on the concept of all sovereignty ultimately belonging to Parliament (Parliamentary sovereignty), so the concept of entrenchment cannot exist. The lack of a central written constitutional document explaining the fundamental principles of the state and relationship between its institutions and between the people leads some constitutionalists to regard the United Kingdom as having "no (formal) constitution". The phrase "unwritten constitution" is sometimes used, despite that fact that the UK constitution incorporates many written sources, statutory law being considered the most important source of the constitution. But the case remains that the constitution relies far more on unwritten constitutional conventions than virtually every other liberal democratic constitution.

Key principles

The key principles of the constitution are its underlying features. The two most important principles of the British constitution were first established to exist as the "twin pillars" of the constitution by A.V. Dicey, in his work An Introduction to the Study of the Law of the Constitution (1885). They are that the constitution is built on the twin equal principles of Parliamentary sovereignty and Rule of law. The former means that Parliament is the supreme law making body, it alone can make legislation on a national level. This is an ancient principle, and can be traced clearly from the Restoration, and before. The latter is the principle of equal application of the law: 'everyone is equal before the law'. Although the theory is certainly ancient, from the Magna Carta, 1215 in practice equal application of the law to every subject/citizen in the state only seriously developed from the nineteenth century. Dicey's "twin pillars" interpretation is a legalistic interpretation, and has been criticised by commentators writing about the decline of Parliament's independence and the dominance of the executive in policy making. Though political interpretations of the UK constitution have changed much since Dicey's era, there is no consensus on an alternative legal interpretation. Of course, some theorists assert that the UK has no constitution at all, since it has no fundamental written source and relies much on unwritten convention. Dicey himself identified that ultimately "the electorate are politically sovereign", and Parliament is legally sovereign.

Related Topics:
A.V. Dicey - 1885 - Parliamentary sovereignty - Rule of law - Restoration - Magna Carta - 1215

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

Another important principle is the concept of a unitary state, which is a corollary of Parliamentary sovereignty, and means that unlike in federal or confederal systems, sovereignty resides only at the centre of the state. The power of local and devolved are totally dependent on Acts of Parliament, they could be abolished completely by Parliament if it wished so. Constitutional monarchy is a key principle, meaning that the monarch does not actually rule, they have a ceremonial role only. This principle traces from Restoration, and by the time Walter Bagehot wrote that the monarchy was the 'dignified parts' of the constitution, the modern situation had been established. The most recent major principle of the constitution is European Union membership, the principle that EU law takes precedence over UK law. This principle was famously identified in the Factortame case in which the Merchant Shipping Act 1988 was overturned. This appears to undermine the principle of Parliamentary sovereignty, but Parliament could still withdraw from the EU by repealing the European Communities Act 1972, so in a way Parliamentary sovereignty is preserved.

Related Topics:
Unitary state - Federal - Confederal - Constitutional monarchy - Restoration - European Union - Factortame case - Merchant Shipping Act 1988 - European Communities Act 1972

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

Summary list

• A.V. Dicey's "Twin pillars" of the constitution
• Parliamentary sovereignty (ancient origins, modern evolution started from the Restoration)
• Rule of law (ancient origins, modern evolution started in the nineteenth century)
• Other important principles
• Unitary state (ancient origins, derived from monarchy)
• Constitutional monarchy (originated from the Restoration)
• EU membership (from 1972, primacy of EU law established in 1990)