8.1.2 Nature of the UK Constitution: Unentrenched, Uncodified, Unitary; Parliamentary Sovereignty and Rule of Law

Characteristics of the UK Constitution

A. Unentrenched

Definition

• Unentrenched: The UK Constitution is flexible and can be amended by a simple majority in Parliament, unlike entrenched constitutions that require special procedures for amendment.

Key Points

• No Special Procedures: Constitutional laws in the UK can be changed in the same way as ordinary laws.
• Flexibility: Allows for relatively quick adaptation to changing political, social, and economic circumstances.

Example

• Human Rights Act 1998: Incorporated the European Convention on Human Rights into UK law, demonstrating the ease with which significant constitutional changes can be made.

Uncodified

Definition

• Uncodified: The UK does not have a single, written constitutional document. Instead, it consists of various sources including statutes, conventions, judicial decisions, and historical documents.

Key Points

• Sources of the Constitution: Includes statutes (e.g., Parliament Acts 1911 and 1949), common law (e.g., judicial decisions), conventions (e.g., the Prime Minister's role), and works of authority (e.g., Erskine May's "Parliamentary Practice").
• Incremental Development: The Constitution has evolved over time through a combination of written and unwritten elements.

Example

• Constitutional Conventions: Practices such as the Prime Minister being the head of government are not written in any single document but are accepted as part of the Constitution.

Unitary

Definition

• Unitary State: The UK is a unitary state, meaning that all legal sovereignty is contained in a central government, as opposed to a federal system where sovereignty is shared between central and regional governments.

Key Points

• Centralized Power: The central government (Parliament) holds supreme power, although some powers are devolved to Scotland, Wales, and Northern Ireland.
• Devolution: While there is devolution of powers to regional governments, these powers are granted by Parliament and can, in theory, be revoked.

Example

• Devolution Acts: Scotland Act 1998, Government of Wales Act 1998, and Northern Ireland Act 1998 demonstrate how devolved powers operate within the framework of a unitary state.

The 'Twin Pillars' of the UK Constitution

Parliamentary Sovereignty

Definition

• Parliamentary Sovereignty: The principle that Parliament has the supreme legal authority in the UK. It can create or end any law, and no other body can override its decisions.

Key Points

• Legislative Supremacy: Parliament can legislate on any matter, including constitutional matters.
• No Judicial Review: Courts cannot overrule or invalidate an Act of Parliament.

Example

• European Communities Act 1972: Allowed European Union law to have effect in the UK, demonstrating Parliament's authority to integrate international law into domestic law. This was repealed by the European Union (Withdrawal) Act 2018, illustrating Parliament's continued sovereignty.

Rule of Law

Definition

• Rule of Law: The principle that all individuals and institutions, including the government, are subject to and accountable under the law.

Key Points

• Equality Before the Law: Everyone is equal before the law, and the law applies equally to all.
• Legal Accountability: Government actions are subject to legal review to ensure they are lawful.
• Protection of Rights: The law protects individual rights and liberties.

Example

• Judicial Review: The judiciary can review the actions of the government and public bodies to ensure they comply with the law. For instance, the 2019 Supreme Court ruling that Prime Minister Boris Johnson's prorogation of Parliament was unlawful demonstrated the application of the rule of law.

Conclusion

The UK Constitution is unique due to its unentrenched, uncodified, and unitary nature. These characteristics allow for flexibility and adaptability while maintaining a centralized authority.

The 'twin pillars' of parliamentary sovereignty and the rule of law ensure that Parliament retains supreme legislative power while also ensuring that all actions are conducted within the framework of law, safeguarding democracy and individual rights.

Understanding these principles is essential for comprehending the functioning and evolution of the UK's political system.