Monday, 8 February 2016

What are the core principles of the UK constitution?

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 Also other documents have developed from: case law, common law, historical documents and custom.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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