A constitution is a set o rules and regulations which control
what the government are allowed to do. Almost all other countries have a
codified constitution, which means that it is written in a single written
document, but the UK has an uncodified constitution. This therefore means that
the constitution is not set out in one written document.
The UK’s constitution is made up of various written
documents such as: statute law, court judgements, and European legislation. Also
other documents have developed from: case law, common law, historical documents
and custom. This therefore explains why the UK constitution has been more
accurately described as ‘partly written and wholly uncodified’. Furthermore, unwritten conventions from
understandings and customs are considered to be binding, despite not being
enshrined within statute or supported by law.
One
feature of the UK constitution is a historical aspect called the royal prerogative.
This gives the monarch power to: declare war, make treaties, deploy armed
forces, appoint and dismiss ministers and dissolve parliament. However, these
powers are formally given by the monarch but are actually exercised by the
government ministers.
In
addition, the most important principles of the UK constitution are parliamentary
sovereignty and the rule of law. This means that parliament can make or unmake
any laws without being bound by the previous government. Parliamentary sovereignty
therefore means that parliament is the supreme law making body. However, this
is now disputed by the UK’s European Union membership, which enables European
law to have superiority over any conflicting domestic laws. Also, the
application of parliamentary sovereignty has been reduced by the passing of
certain laws by parliament, for example, the Human Rights Act 1998.
Finally,
the rule of law includes fundamental principles to which the government and the
law have to abide by. This includes the principles that ‘no person is
punishable in body or goods without a breac of the law’, this means that
individuals cannot be punished unless they have committed a clear breach of the
law.
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