University of Northampton: UK Constitution Analysis and Evaluation

This essay provides a comprehensive overview of the UK Constitution, focusing on its core characteristics and their implications. It begins by defining the constitution and highlighting its unwritten nature, distinguishing it from codified constitutions. The essay then delves into the purposes of the UK Constitution, emphasizing its role in organizing and controlling the government, and the historical context that shaped its development. Key features such as parliamentary sovereignty, the rule of law, and the unitary state are identified and explained. Furthermore, the essay explores the sources of the UK Constitution, including legislation, conventions, common law, and European and international law. It then discusses salient features like its unwritten, evolutionary, flexible, and unitary nature, along with parliamentary executives, the sovereignty of Parliament, and the rule of law. The essay also addresses the gap between theory and practice, the mixed constitution, the role of convention, and the independence of the judiciary. Finally, it evaluates whether these features are more of a disadvantage than an advantage, particularly focusing on the non-codified nature of the constitution and its impact on clarity and ease of amendment. The conclusion summarizes the key arguments and assesses the overall impact of the UK Constitution's features.

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

1INTRODUCTION TO PUBLIC LAW
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.

2INTRODUCTION TO PUBLIC LAW
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.

3INTRODUCTION TO PUBLIC LAW
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).

4INTRODUCTION TO PUBLIC LAW
portions, including Historical documents, Parliamentary laws, Judge-made laws and
Statutory Characters, for example, Magna Charta (1215), Petition of Rights (1628), Bill
of Rights (1689), Act of Parliament (1911 and 1949).
 Evolutionary: The UK Constitution is regarded as an example of evolution. No
constituent assembly ever outlined it. There can be no particular date of birth, or any
other body of people may claim to be its authors because the UK Constitution has been
produced by progressive growth and development. Over a span of more than a thousand
years, there is a continuity of growth. It comes from a number of sources and sometimes
has been affected by accidents and high designs during its improvement.
 Flexible: The typical example of a versatile constitution is the UK Constitution. A simple
majority of Parliament will enact, amend, and abolish a law because no difference
between constitutional law and an ordinary law is established. Both of them are treated
equally. Flexibility has the capacity to change and conform to the UK Constitution for a
long time. This quality-made it possible for it to expand over time5.
 Unitary: In contrast to the federal, the UK Constitution is unitary. The UK Parliament,
which is a legislative entity, has all of the powers of the Government. The application of
given powers is subject to and accountable to the administrative bodies of the state. There
is only one legislative term. The administrative divisions are England, Scotland, and
Wales and not the independent political entities6.
 Parliamentary executives: England has a democratic legislative structure. The sovereign
King has all its powers and authority been deprived. The elected King had all his rights
5 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.
6 Young, Alison L. "Populism and the UK Constitution." Current Legal Problems 71.1 (2018): 17-52.

5INTRODUCTION TO PUBLIC LAW
and authority stripped. The real officials are ministers of the parliamentary majority who
stay so long as they keep their confidence. The Prime Minister and his ministers are in
charge of their actions and policies before the legislature. Executive and legislative
powers are not divided in this structure as in the federal system of government.
 The sovereignty of Parliament: Another vital feature of the UK Constitution is the
sovereignty of Parliament. Parliament is the only institution that can make, amend or
abolish any law it wants in a country with unlimited legislative powers. The courts have
no authority to question the legitimacy of the legislation passed by the UK Parliament.
The Constitution itself can be amended by the Parliament, such as common law in the
country. The Parliament has the authority to make legal rules illegal and illegal rules
legal7.
 The rule of law: The rule of law is also considered to be a vital element of the UK
Constitution. This means equality or everything before dominance, standardization and
universality. There are three consequences:
1. Regardless of their social position or rank, every people are equal before the law;
2. This theory stresses the superiority of the law rather than of anybody;
3. Without a fair trial and proper jury, a reasonable court cannot convict or prosecute
someone. A person may never, except in case of a certain violation of the law
shown in a usual court of law, be imprisoned or dispossessed of his life, freedom
or property. The Doctrine that ‘the King/Queen cannot do any wrongful act’ is a
consequence of this rule.
7 Rai, Arvindh. "Britain's Pursuit of a Codified Constitution." Manchester Rev. L. Crime & Ethics 3 (2014): 1.

6INTRODUCTION TO PUBLIC LAW
Although it has been found that the rule of law is not actually practiced. There are
several explanations for this, such as the expansion of Administrative law, internal
emergencies as well as external emergencies, and expansion of Delegated Legislation.
 The Gap between Theory and Practice: In contrast to other Constitutions, there exists a
big gap between the theory and practice of the English Political System. This is mainly
due to the secret existence of the Constitution, which is based primarily on resolutions.
For instance, in principle, the authority of the king and queen, but the supremacy of the
Parliament in practice. Although the Queen and the King have a right to do so in
principle, no resolution approved by Parliament is vetoed able. By principle, The Queen
is the head of the origin or sponsorship, but in reality, the Prime Minister gives all titles
and privileges.
 Mixed Constitution: The UK constitution is a queer blend of monarchy, dictatorship and
democracy. The system of Kingship reveals that in England, there is democracy. The
presence of the House of Lords suggests that England has a government of an aristocratic
sort. The House of Commons represents the internal workings of this country's full
democracy. However, all these different policy elements were beautifully joined together
to create the ultimate consequence of flawless descriptive democracy.
 Role of Convention: The need for conferences in the UK political system is an essential
corollary of the unwritten existence of the constitution. The Queen cannot go against the
recommendation of the cabinet by custom. Likewise, hundreds of conventions have no
legal force but are adhered closely.
 Independence of Judiciary: The rule of law is covered by the requirement that judges can
only be detached from office for gross misconduct under proceedings requiring the

7INTRODUCTION TO PUBLIC LAW
approval of both chambers of the Parliament. Therefore, without fear or favour, the
judges will pass their judgments.
Apart from the abo-mentioned features, the UK Constitution involves also some other features,
such as Constitutional Monarchy, referendum, and the system of Bi-Party8.
It has been observed that sometimes these features are not advantageous for the UK
Constitution. These features create certain disadvantages, such as two problems arise from a non-
codified constitution. First, this feature makes it hard to learn what the constitution really is.
Secondly, as the UK Constitution is not a codified one, therefore the changes can be made very
easily rather than codified constitutions. The latter has documents with the status of ‘superior
law’ which may be investigated by common law and government intervention, and are only
enforceable by extensive procedures. The versatility of the UK Constitution is apparent from a
large number of constitutional modifications that have been enacted since 1997 including, for the
first time in Human Rights Act 1998, the removal of the mainstream of hereditary peers in the
House of Lords, and devolution to Scotland, Wales, and Northern Ireland9. Nevertheless, these
new constitutional modifications could have in certain ways made the Constitution less flexible:
the prospect of abolishing treaties in the devolution, for example, is debatable.
As the UK Constitution is not codified, therefore the UK Constitution is not clear and
more readily understood by government agencies, for example by the judiciary. It is not easy to
prove that the act of the government is unconstitutional. The administration can use its powers to
8 Ceil, Chenoy. "The Concept of Separation of Powers Is Not Well-Respected in the UK Constitution." Available at
SSRN 3519815 (2018).
9 McHarg, Aileen. "Reforming the United Kingdom constitution: law, convention, soft law." The Modern Law
Review 71.6 (2008): 853-877.

8INTRODUCTION TO PUBLIC LAW
impose parliamentary acts that overturn unfavourable decisions in the Court. Consequently, the
rights and responsibilities of the citizens are poorly defined and enshrined in the Constitution and
create new opportunities for an electoral dictatorship. Apart from that, the power of the UK
government dangerously concentrated at the centre. Without a great deal of controversy, strong
majority governments can force legislation10.
Conclusion
Therefore, from the above discussion, it can be concluded that some salient features of
the UK Constitution create a disadvantage for it. The first and foremost feature of the UK
Constitution is it is not codified, and this feature also creates a great problem for it. It has been
observed that written information are always helpful because it helps to understand the meaning
of it clearly. As the UK Constitution is not codified; thus, the citizens fail to understand their
rights and duties clearly. As the UK Constitution is not written, therefore the amendments can be
made very easily, and it is undoubtedly advantageous. However, the advantages are less than the
disadvantages, and the main disadvantage is connected with the un-codified characteristic.
10 Johnson, Victoria, Graham Currie, and Janet Stanley. "Measures of disadvantage: is car ownership a good
indicator?." Social Indicators Research 97.3 (2010): 439-450.

9INTRODUCTION TO PUBLIC LAW
Reference
Abraham, Ann. "The ombudsman as part of the UK constitution: a contested
role?." Parliamentary affairs 61.1 (2008): 206-215.
Blog, Constitution UK. "What is the UK Constitution? Find out with the new version of
Constitute." LSE Constitution UK Blog (2014).
Ceil, Chenoy. "The Concept of Separation of Powers Is Not Well-Respected in the UK
Constitution." Available at SSRN 3519815 (2018).
Johnson, Victoria, Graham Currie, and Janet Stanley. "Measures of disadvantage: is car
ownership a good indicator?." Social Indicators Research 97.3 (2010): 439-450.
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.
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.
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.
McHarg, Aileen. "Reforming the United Kingdom constitution: law, convention, soft law." The
Modern Law Review 71.6 (2008): 853-877.

10INTRODUCTION TO PUBLIC LAW
Rai, Arvindh. "Britain's Pursuit of a Codified Constitution." Manchester Rev. L. Crime &
Ethics 3 (2014): 1.
Young, Alison L. "Populism and the UK Constitution." Current Legal Problems 71.1 (2018): 17-
52.