## Learning Outcomes

- Explain why the UK constitution is described as “unwritten”
- Identify the main sources of the UK constitution and what each one means
- Distinguish between laws (statutes and common law) and non-legal rules (conventions and works of authority)
- Recall key examples of constitutional statutes and what they changed
- Apply these ideas to the monarch, Parliament and government in exam-style questions

## Life in the UK Test Syllabus

For the Life in the UK Test, you are expected to understand where the UK constitution comes from and how it controls the power of major institutions, with a focus on the following syllabus points:

- Know that the UK constitution is not set out in a single document and is described as “unwritten”
- Identify the four main sources of the constitution: statute law, common law, constitutional conventions, and works of authority
- Explain the difference between a legally enforceable rule (law) and a politically binding rule (convention)
- Recognise examples of major constitutional statutes, including the Bill of Rights (1689) and the Human Rights Act (1998)
- Understand that conventions shape how the monarch, Prime Minister and Cabinet use legal powers in practice
- Know that works of authority are respected writings used as guidance, not as law

## Test Your Knowledge

_Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, look more closely at that area during your revision._

1. Why is the UK constitution described as “unwritten”?
2. Name the four main sources of the UK constitution.
3. Which sources of the constitution are legally enforceable in court, and which are not usually enforceable?
4. Give one example of a constitutional convention involving the monarch or the Prime Minister.
5. What is meant by “statute law” in the UK?

## Introduction

A constitution is the set of rules and principles that explains how a country is governed: who has power, how decisions are made, and how power is limited. The Life in the UK Test expects you to understand that the UK’s constitution is different from many countries because it is not found in one single written document.

Instead, the UK constitution has grown over centuries. It includes written laws made by Parliament, legal principles developed by judges, and also unwritten political rules about how power should be used in real life.

> **Key Term: constitution**
> The set of laws, principles and practices that describes how a country is governed and how power is controlled.

## Sources of the UK constitution: the “unwritten” system

The UK is a parliamentary democracy with a constitutional monarchy. These institutions are controlled not by one constitutional text, but by several different sources that work together. That is why people often say the UK constitution is “unwritten”: it is not contained in a single codified document like the US Constitution.

Calling it “unwritten” does not mean nothing is written down. Many key constitutional rules are written in Acts of Parliament and in court judgments. The point is that there is no single constitutional document that has higher status than all other law.

> **Key Term: unwritten constitution**
> A constitution that is not set out in one single document; instead it comes from several sources, including laws and political practices.

A good way to revise is to remember two groups:

- **Legal rules (enforceable by courts):** statute law and common law
- **Political/interpretive rules (not usually enforceable by courts):** conventions and works of authority

> **Test Tip:** In multiple-choice questions, look for wording like “passed by Parliament” (statute law), “decided by judges” (common law), “unwritten rule about how things are done” (convention), and “authoritative book/text” (work of authority).

### Statute law (Acts of Parliament)

Statute law means written laws passed by Parliament. Statutes can change major constitutional rules, such as the powers of Parliament, the rights of individuals, and the structure of courts. When statutes have major constitutional effects, they are often called “constitutional statutes”.

> **Key Term: statute law (Act of Parliament)**
> Written law made by Parliament. It is legally binding and can be enforced by the courts.

#### Why statute law matters for the constitution

- Statutes can create new institutions or reform old ones.
- Statutes can define rights and duties of citizens and government bodies.
- Statutes can limit how other bodies operate (for example, the House of Lords or ministers).

#### High-yield examples of constitutional statutes (know names and dates)

You do not need to memorise long lists, but it helps to know a few famous examples because they appear often in teaching and exam questions:

- **Bill of Rights (1689)**  
  This limited the powers of the Crown and confirmed important ideas about the relationship between Parliament and the monarch. It is closely linked to the constitutional settlement after the Glorious Revolution of 1688.

- **Parliament Act (1911)** and **Parliament Act (1949)**  
  These reduced the ability of the House of Lords to block legislation and confirmed the stronger position of the House of Commons.

- **Human Rights Act (1998)**  
  This made rights from the European Convention on Human Rights (ECHR) part of UK law, so UK courts could apply them to public bodies.

- **Scotland Act (1998)** and **Northern Ireland Act (1998)**  
  These are key parts of devolution, creating major devolved institutions and giving them power over certain policy areas.

- **Constitutional Reform Act (2005)**  
  This reformed the constitutional relationship between branches of the state and created the UK Supreme Court (which began work in 2009).

Statute law is straightforward for exam purposes: if Parliament has passed it, it is a constitutional source and it is law.

> **Test Tip:** If a question asks for a “document or piece of legislation that sets out fundamental rights or freedoms”, the correct choice is usually a specific statute such as the **Habeas Corpus Act (1679)** or the **Human Rights Act (1998)**—not “the UK Constitution” (because it is not one single document).

### Common law (judge-made law)

Common law is law developed by judges through decisions in court cases. Over time, courts follow earlier decisions, creating a system of precedent. Common law includes constitutional principles, not just rules about private disputes.

> **Key Term: common law**
> Law developed by judges through court decisions and precedent; it is legally enforceable unless changed by statute.

#### Why common law is a constitutional source

Even when Parliament has not written a rule into a statute, courts may recognise principles that limit government action. Common law is linked to ideas such as:

- the **rule of law** (government must act according to law)
- fairness in decision-making by public bodies
- limits on the use of government power, including some uses of royal prerogative powers (powers historically held by the Crown, now mostly used by ministers)

For the Life in the UK Test, you are not expected to cite specific cases. The key is to understand what common law is and to recognise it as a constitutional source that courts can enforce.

#### Statute law vs common law (easy comparison)

- **Statute law:** made by Parliament; written in Acts; can create or change rules quickly.
- **Common law:** develops through court judgments; changes gradually; can be overridden by a later Act of Parliament.

### Constitutional conventions (unwritten political rules)

Constitutional conventions are rules of practice that explain how political power is used in real life. They are not usually written in law, and courts do not normally enforce them. However, conventions are still taken seriously because breaking them can lead to political crisis, resignation, or loss of confidence.

> **Key Term: constitutional convention**
> An unwritten rule of political practice that guides how legal powers are used; it is usually not enforceable by courts but is politically binding.

#### Why conventions exist in the UK system

Some legal powers are very broad or old. Conventions ensure that these powers are used in a modern democratic way. This is especially important for the monarchy: the monarch has legal powers in theory, but in practice acts on advice.

#### High-yield convention examples (likely to appear in questions)

- **The monarch appoints the Prime Minister who can command the confidence of the House of Commons.**  
  After a general election, the monarch invites the leader most likely to have Commons support (usually the leader of the party with the most MPs, or a coalition leader) to form a government.

- **Royal Assent is granted to Bills passed by Parliament.**  
  By convention, the monarch does not refuse Royal Assent in modern times.

- **Collective responsibility of the Cabinet.**  
  Ministers are expected to support government decisions in public, even if they argued against them privately.

- **A government that loses the confidence of the House of Commons is expected to resign or seek an election.**  
  The detail can be complex, but the basic idea is that the government must be accountable to the Commons.

Conventions are a common exam trap because they can sound like laws. The safest approach is to remember: conventions are about “what should happen”, not “what a court will order”.

### Works of authority (respected constitutional writings)

Works of authority are famous writings that describe and explain how the constitution operates. They are used as guidance, especially where the constitution is unclear or based on convention. They do not have the force of law in the way an Act of Parliament does.

> **Key Term: works of authority**
> Respected writings used as persuasive guidance on constitutional rules and practices; they are not law.

#### Key examples to recognise

You are unlikely to be asked for long titles, but certain names appear often in explanations of the UK constitution:

- **A. V. Dicey** (Albert Venn Dicey) wrote _Introduction to the Study of the Law of the Constitution_ (1885), associated with explaining **parliamentary sovereignty** and the **rule of law**.
- **Walter Bagehot** wrote _The English Constitution_ (1867), famous for explaining how the constitution works in practice, including the difference between ceremonial and political power.
- **Erskine May: Parliamentary Practice** is a leading guide to parliamentary procedure.

In Life in the UK terms, works of authority are best understood as “trusted guidebooks” about the constitution.

## How these sources control the monarchy and government

Understanding sources is not just theory: it helps explain how the UK can be a democracy with a monarch as head of state, and how power is limited.

### The monarchy: legal powers shaped by convention

The UK is a constitutional monarchy. This means the monarch is head of state, but does not govern day to day. Government policy decisions are made by the Prime Minister and Cabinet, who are politically accountable to Parliament.

Some key points link directly to sources of the constitution:

- **Statute law** sets parts of the monarchy’s position (for example, rules about Parliament and rights that limit state power).
- **Common law** supports principles such as legality and fair process that also limit how public power can be used.
- **Conventions** ensure the monarch’s powers are exercised in a democratic way (for example, appointing the Prime Minister who can command Commons confidence).
- **Works of authority** help describe how these arrangements operate in practice.

> **Test Tip:** If a question asks whether the monarch “rules the country”, the safe answer is no: the UK is a **constitutional monarchy**, so the monarch’s role is largely ceremonial and acts on ministerial advice.

### Parliament and the courts: different sources, different roles

The constitution is also about how institutions keep each other in check:

- **Parliament** makes statute law. In the UK system, Acts of Parliament are the highest form of law.
- **The courts** apply statute law and develop common law. Courts can review whether public bodies act lawfully, but they do not strike down Acts of Parliament in the way some constitutional courts can in other countries.
- **Conventions** fill gaps and guide behaviour, especially in sensitive areas like the transfer of power after elections.
- **Works of authority** clarify procedure and practice when the system depends on precedent and tradition rather than a single rulebook.

This is why the “sources” topic matters for the test: it explains how the UK constitution actually works.

## Exam-style distinctions to master

Many Life in the UK questions are built around distinctions. If you can spot which source a statement describes, you can answer quickly.

### Written law vs unwritten rules

- **Written laws:** statute law (Acts of Parliament); common law (written judgments, but “judge-made” rather than “Parliament-made”)
- **Unwritten rules:** conventions (often not written, though they may be described in documents); works of authority (written texts, but not law)

### Enforceable vs not usually enforceable

- **Enforceable in court:** statute law; common law
- **Not usually enforceable in court:** conventions; works of authority

A common exam confusion is that conventions can feel “optional” because they are not enforced by courts. For the test, the key message is that conventions are normally followed because political actors are expected to follow them.

### “Unwritten constitution” does not mean “no documents”

The UK has many important written documents: Acts of Parliament, court judgments, official guidance, and historic texts. The difference is that these do not form one single constitutional document with superior legal status to all other law.

## Key Point Checklist

_This article has covered the following key knowledge points:_

- A constitution sets out how a country is governed and how power is limited
- The UK constitution is described as “unwritten” because it is not contained in one single document
- The main constitutional sources are statute law, common law, constitutional conventions, and works of authority
- Statute law means Acts of Parliament and is legally enforceable
- Common law is judge-made law based on court decisions and precedent and is legally enforceable
- Constitutional conventions are politically binding rules of practice and are not usually enforceable in court
- Works of authority are respected writings that guide understanding of constitutional practice but are not law
- Key constitutional statutes include the Bill of Rights (1689), Parliament Acts (1911 and 1949), and the Human Rights Act (1998)
- Conventions explain how the monarch appoints the Prime Minister and why Royal Assent is always granted in modern practice
- Understanding sources helps answer exam questions about the monarchy, Parliament, and the courts

## Key Terms and Concepts

- constitution
- unwritten constitution
- statute law (Act of Parliament)
- common law
- constitutional convention
- works of authority


Constitution and the monarchy - Sources of the constitution