Introduction to Public Law | Report

Running head: INTRODUCTION TO PUBLIC LAW
Introduction to Public Law
Name of the Student
Name of the University
Authors Note

INTRODUCTION TO PUBLIC LAW1
Introduction
In simple words, it can be said that a constitution provides a set of rules and principles,
which govern the workings of a nation, state or other political organization. It can explain what
branches the government have, what their forces are, and how they operate. Even the rights of
citizens may also be stated. If these principles and rules are incorporated in a single document or
collection of lawful documents, then those documents can be said to constitute a written
constitution; if these principles and rules are written into one full document, it is said to be a
codified or written Constitution. Several constitutions are not codified, but they are written in
various basic laws, court case references, or treaties. The UK Constitution is the regulatory
regime defining the constitutional governance of the United Kingdom of Great Britain and
Northern Ireland. To improve the social and economic condition of the citizens, the UK
Constitution includes the principles of parliamentary sovereignty, equality, the rule of law and
internationalism guide of the contemporary political system of the UK1. This paper mainly
attempts to identify and describe the key features of the UK Constitution. While discussing the
same, it also sheds light on the discussion of whether these features are considered to be demerits
than merits of the UK Constitution.
1 Lakin, Stuart. "The Manner and Form Theory of Parliamentary Sovereignty: A Nelson’s Eye View of the UK
Constitution?." Oxford Journal of Legal Studies 38.1 (2018): 168-189.

INTRODUCTION TO PUBLIC LAW2
Discussion
UK Constitution and its purposes
Constitutions organize, administer and control the government. They describe the
construction of the State, the foremost institutions of the state and the values regulating the
relationship between themselves and the people of the State. The UK is unique because it has
such a constitution which is not codified, because there is no single statutory text, unlike the vast
majority of the nations, which describes specific laws detailing how the State functions. UK
history explains the lack of a ‘codified’ constitution. In other nations, many of which have
undergone revolutions or system reform, it was necessary to build new state institutions and to
develop their relationship with one another and with its people in detail, beginning at all or
starting at all levels. In comparison, over an extended period of time, the UK Constitution has
developed in order to reflect the qualified steadiness of the UK government. The fundamental
building blocks of this order in the UK were never assumed necessary to be consolidated.
Alternatively, the UK has a series of laws, resolutions, pronouncements and treaties, which can
jointly be called the UK Constitution. Therefore, it is more appropriate to refer to the UK
Constitution as ‘un-codified’ instead of ‘unwritten’ constitution2.
The UK Constitution can be summarized in the following way: Laws are those rules and
regulations which are adopted by the Queen in the Parliament. In other words, it can be said that
using the authority of the Crown, this Parliament adopts legislation that cannot be called into
question by any other body. The fundamental concept of the UK Constitution is generally
2 Abraham, Ann. "The ombudsman as part of the UK constitution: a contested role?." Parliamentary affairs 61.1
(2008): 206-215.

INTRODUCTION TO PUBLIC LAW3
considered as parliamentary sovereignty. This is the legislative authority for establishing or
abolishing any legislation in a constitutionally elected parliament. Certain fundamental principles
in the UK Constitution are frequently thought to include: the rule of law, the division of
government into the operation of a unitary state. It means that the vital power is held by the
centre of the independent Westminster Parliament3. Though, some of these concepts are
hypothetical or questionable. There are numerous sources available that are responsible for the
UK Constitution. The laws are considered as legislation passed by Parliament and usually
represent the highest form of legislation. Conventions are unwritten processes that have evolved
over time and rule. Common laws are the judge-made laws which are established in the court by
the judges through decisions of the cases. Due to the membership of the UK in the 1972 Act on
European Communities, the UK Constitution becomes ever more affected by European law. The
UK is also bound by international law. At last, as there is no particular document comprising the
UK Constitution, politicians and attorneys rely on constitutional authority to define and realize
the constitution4.
Salient Features
The salient features of the UK Constitution are discussed below:
 Unwritten: Unwritten character is one of the most important characteristics of the UK
Constitution. In the UK Constitution, no document can be called as written, accurate and
compressed. The main reason behind it is that it is focused on customs and political
practices which were not set out in any text. However, there are also certain written
3 Masterman, Roger, and Se-shauna Wheatle. "Unpacking separation of powers: judicial independence, sovereignty
and conceptual flexibility in the UK constitution." Public law. 2017.Jul (2017): 469-487.
4 Blog, Constitution UK. "What is the UK Constitution? Find out with the new version of Constitute." LSE
Constitution UK Blog (2014).