Learning Outcomes
After reading this article, you will be able to explain the main features of the UK constitution, including its uncodified nature, the principle of parliamentary sovereignty, the rule of law, and the role of constitutional conventions. You will understand how these characteristics affect legal authority, flexibility, and the relationship between law and politics in England and Wales.
SQE1 Syllabus
For SQE1, you are required to understand the characteristics of the UK constitution and their practical implications. In your revision, focus on:
- the uncodified (unwritten) nature of the UK constitution and its sources
- the principle of parliamentary sovereignty and its consequences
- the rule of law and its application
- the significance and operation of constitutional conventions
- the flexibility and adaptability of the UK constitution
Test Your Knowledge
Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.
- What is meant by saying the UK constitution is "uncodified"?
- Which principle means Parliament can make or unmake any law it chooses?
- True or false? Constitutional conventions are legally enforceable rules.
- Name two key sources of the UK constitution.
Introduction
The UK constitution is distinctive for being uncodified, meaning it is not contained in a single written document. Instead, it is formed from a combination of statutes, case law, conventions, and other sources. This structure gives the UK constitution unique features, including flexibility, the centrality of parliamentary sovereignty, and the importance of the rule of law and conventions. Understanding these characteristics is essential for applying constitutional principles in legal practice.
The Uncodified Constitution: Sources and Structure
Unlike many countries, the UK does not have a single constitutional document. Instead, its constitution is made up of several sources:
Key Term: uncodified constitution An uncodified constitution is not set out in a single document but is derived from multiple sources, including statutes, case law, and conventions.
- Statutes (Acts of Parliament): Laws passed by Parliament, such as the Magna Carta 1215, Bill of Rights 1689, Human Rights Act 1998, and Constitutional Reform Act 2005.
- Common Law: Legal principles developed by judges in court decisions, such as the principle that government action must have legal authority.
- Constitutional Conventions: Non-legal rules that guide political conduct, such as the convention that the monarch gives Royal Assent to all legislation passed by Parliament.
- Works of Authority: Authoritative texts, like Dicey's Introduction to the Study of the Law of the Constitution, used to clarify constitutional practice.
- International Treaties: Agreements like the European Convention on Human Rights, which have been incorporated into domestic law.
Key Term: constitutional convention A constitutional convention is an established, non-legal rule that guides the behaviour of political actors but is not legally enforceable.
Parliamentary Sovereignty
A central characteristic of the UK constitution is the doctrine of parliamentary sovereignty.
Key Term: parliamentary sovereignty Parliamentary sovereignty means Parliament has the legal authority to make or repeal any law and cannot be bound by previous Parliaments or overridden by any other body.
This principle means that Parliament can legislate on any matter, and no court or other institution can declare an Act of Parliament invalid. For example, Parliament has enacted and later repealed laws relating to EU membership, demonstrating its supreme authority.
Worked Example 1.1
A government wishes to repeal an Act that gave effect to an international treaty. Can Parliament do this, and what principle allows it?
Answer: Yes, Parliament can repeal any Act, including those implementing treaties. This is permitted by parliamentary sovereignty, which allows Parliament to make or unmake any law.
The Rule of Law
The rule of law is another fundamental principle of the UK constitution. It ensures that all individuals and authorities, including the government, are subject to the law.
Key Term: rule of law The rule of law requires that everyone, including government officials, is subject to and accountable under the law.
This principle protects individual rights, prevents arbitrary use of power, and requires that laws are clear and applied equally. Courts can review government actions to ensure they have legal authority, as seen in cases like Entick v Carrington.
Worked Example 1.2
A minister orders the search of a citizen's home without statutory authority. Is this lawful under the UK constitution?
Answer: No, the minister's action is unlawful. The rule of law requires that government actions must have legal authority.
Flexibility and Adaptability
Because the UK constitution is not entrenched in a single document, it can be changed by ordinary Acts of Parliament. This flexibility allows for rapid legal responses to new situations, such as the swift passage of emergency legislation.
Key Term: flexibility (of the constitution) Flexibility means the constitution can be changed or updated through ordinary legislative procedures, without special amendment processes.
However, this also means that constitutional protections can be altered or removed by a simple majority in Parliament, making political checks and conventions especially important.
Constitutional Conventions
Conventions play an essential role in the UK constitution by regulating political behaviour where the law is silent or ambiguous. They ensure the smooth functioning of government and uphold democratic principles.
Examples include:
- The monarch acts on the advice of ministers.
- The Prime Minister must be a member of the House of Commons.
- Ministers are collectively responsible for government policy.
Key Term: collective ministerial responsibility Collective ministerial responsibility is the convention that all Cabinet members must support government decisions publicly or resign.
Conventions are not legally enforceable, but their breach can lead to political consequences or crises.
Worked Example 1.3
A Prime Minister advises the monarch to refuse Royal Assent to a bill passed by both Houses of Parliament. Is the monarch likely to follow this advice?
Answer: By convention, the monarch always grants Royal Assent to bills passed by Parliament. Refusal would breach established constitutional conventions and cause a constitutional crisis.
The Relationship Between Law and Politics
The UK constitution relies on both legal rules and political practices. While parliamentary sovereignty means courts cannot strike down primary legislation, the rule of law and conventions help maintain checks and balances. The flexibility of the constitution allows for adaptation, but also places greater importance on political accountability and institutional vigilance.
Exam Warning
In the SQE1, remember that constitutional conventions are not legally enforceable. Courts may acknowledge their existence but will not enforce them or strike down legislation for breaching a convention.
Key Point Checklist
This article has covered the following key knowledge points:
- The UK constitution is uncodified, drawing on statutes, case law, conventions, and other sources.
- Parliamentary sovereignty means Parliament can make or repeal any law and cannot be bound by previous Parliaments.
- The rule of law requires that all individuals and authorities, including the government, are subject to the law.
- The constitution is flexible and can be changed by ordinary legislation.
- Constitutional conventions are non-legal rules that guide political conduct and ensure the smooth operation of government.
- The interaction of legal principles and conventions shapes the operation and interpretation of the UK constitution.
Key Terms and Concepts
- uncodified constitution
- constitutional convention
- parliamentary sovereignty
- rule of law
- flexibility (of the constitution)
- collective ministerial responsibility
