The British Costitution
The Nature of The British Constitution
- The British constitution is uncodified, which means it cannot be found as a single, written document. It is derived from various sources.
- It is an evolving constitution, adaptable to changing circumstances and views.
- The British constitution is based on parliamentary sovereignty - Parliament has the supreme decision-making power.
- It also follows the concept of a constitutional monarchy with the monarch as the head of state, playing a largely ceremonial role.
Main Components of The British Constitution
- Statute Law: These are laws passed by Parliament. They are the highest form of law and cannot be overturned by any other source.
- Common Law: Laws developed by judges through legal decisions, also important in the constitution.
- Conventions: Unwritten rules and practices adopted and followed over time. They are not legally enforceable.
- EU Law and International Treaties: Incorporated into UK law and upheld by UK courts. Their status has been complex, especially in light of recent Brexit developments.
- Authoritative writings: Texts written by constitutional experts which help to interpret the constitution.
- Royal Prerogative: These are traditional powers held by the monarch but largely exercised by the Prime Minister and cabinet.
Principles Underpinning the British Constitution
- Rule of Law: All citizens and the state are subject to and accountable under the law.
- Parliamentary Sovereignty: No other body can overrule or revoke laws passed by Parliament.
- Separation of Powers: Power is distributed among the legislative, executive, and judicial branches to prevent concentration and potential misuse of power.
- Democratic Government: The government is chosen by the people through free, fair, and frequent elections.
Changing the Constitution
- Changing the constitution involves passing or modifying Acts of Parliament, thereby it’s flexible.
- There are two types of amendments: entrenched and statutory. Entrenched requires a special process, while statutory can be made by ordinary acts.
- The Human Rights Act 1998 and the devolution settlements in Scotland, Wales and Northern Ireland are significant changes to the constitution.
Debates on Constitution
- Calls for a 'British Bill of Rights' to replace the Human Rights Act.
- Discussions on electoral reform, with debates on replacing the 'first past the post' system.
- The tension between parliamentary sovereignty and EU law and its ramifications post-Brexit.
- Debates around Scottish independence and its implications for the constitutional set-up.