The UK Constitution

The constitution of the United Kingdom sets out how the state is organised, how power is distributed, and how individuals are governed. Unlike most modern states, the UK does not have a single written constitution. Instead, its rules and principles come from a combination of statutes, judicial decisions, conventions, and established practices built up over centuries. This makes it uncodified, flexible, and heavily reliant on political accountability rather than strict legal limits.

What Is a Constitution?

A constitution is the framework that defines the powers of government and protects the rights of citizens. It establishes:

The main institutions of the state: Parliament, Government, and the Courts.
The limits on those powers.
The relationship between the state and its citizens.

In a codified system (such as the US Constitution), these rules are written in a single document and are legally supreme. In the UK, constitutional rules are spread across multiple sources.

Main Sources of the UK Constitution

(a) Statute Law
Acts of Parliament form the most important source. Examples include:

Magna Carta 1215 – early statement of the rule of law.
Bill of Rights 1689 – limits royal power and establishes parliamentary privilege.
Parliament Acts 1911 and 1949 – define the relationship between the Commons and Lords.
European Communities Act 1972 (now repealed) – incorporated EU law.
Human Rights Act 1998 – gives effect to the ECHR.
Constitutional Reform Act 2005 – created the Supreme Court and redefined judicial independence.

(b) Common Law
Judicial decisions interpret statutes and fill gaps where no legislation exists. For example, Entick v Carrington (1765) confirmed that state officials cannot act without legal authority.

The monarch gives Royal Assent to all bills.
The Prime Minister must be a member of the House of Commons.
Ministers are collectively responsible to Parliament.

(d) The Royal Prerogative
Historic powers of the Crown now exercised by ministers, such as appointing the Prime Minister, granting honours, and conducting foreign affairs.

(e) Works of Authority
Scholarly texts used as references for constitutional practice, e.g. A.V. Dicey’s Introduction to the Study of the Law of the Constitution and Erskine May’s Parliamentary Practice.

Key Principles

Parliamentary Sovereignty – Parliament can legislate on any matter, and no court can strike down its laws.
Rule of Law – Government must act within legal authority. Everyone is equal before the law.
Separation of Powers – Legislative, executive, and judicial functions are distinct to prevent abuse of power.
Constitutional Monarchy – The monarch reigns but does not rule; executive power is exercised by elected ministers.

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