Nature of the UK Constitution
Political Studies: Edexcel A Level, topic 8.1.2
Nature of the UK Constitution
There are 5 main principles of the traditional UK constitution - it is unentrenched, uncodified, unitary, and underpinned by principles of parliamentary sovereignty and rule of law.
Unentrenched
- The UK constitution is unentrenched, meaning that it is easily changed – by a simple act of parliament or even a shift in convention.
Uncodified
- The UK constitution is uncodified, meaning that it is not written down in one document and is made up of multiple sources.
Unitary
- The UK constitution is unitary, meaning that all power is centralised in the Parliament in Westminster.
- This principle has been diluted in recent years due to devolution and many scholars would now refer to the UK as a ‘union state’.
Parliamentary sovereignty
- Parliamentary sovereignty is the idea that parliament is supreme and ultimate authority sits with it, as representative of the people.
- No Parliament can bind its successor – this means that parliament can repeal any act passed by previous parliament.
- Parliament is also the supreme legislative body and legislation can’t be changed, struck down or ignored by the judiciary or the executive.
Rule of law
- Rule of Law is the idea that everyone, including the government, is subject to the law and held accountable to it.
- In reality, this means that everyone is entitled to a fair trial and that all citizens, including public officials, are equal under the law and must obey it.
- For this to work effectively, the judiciary must also be independent of political interference.