Aspects of the UK Constitution A Summary of its Key Elements

The British Constitution Un-codified – There is no single document in which all the nations rules are written down Un-codified – There is no single document in which all the nations rules are written down Unitary – Parliament at Westminster makes laws for all parts of the UK Unitary – Parliament at Westminster makes laws for all parts of the UK Flexible – Constitution can be amended easily – even drastic changes can be made through an Act of Parliament (custom of referendums?) Flexible – Constitution can be amended easily – even drastic changes can be made through an Act of Parliament (custom of referendums?)

What makes the British Constitution?

Sovereignty of Parliament Idea that Parliament theoretically possesses and exercises unlimited authority Idea that Parliament theoretically possesses and exercises unlimited authority Works of A. V. Dicey Works of A. V. Dicey Parliament has a monopoly of legitimate law-making power Parliament has a monopoly of legitimate law-making power ‘If we [in Britain] have a constitution at all, it is a one- sentence constitution stating that Parliament can make or repeal any law whatsoever.’ (F. F. Ridley, 1988) ‘If we [in Britain] have a constitution at all, it is a one- sentence constitution stating that Parliament can make or repeal any law whatsoever.’ (F. F. Ridley, 1988) Gladstone: ‘[The British Constitution] presumes more boldly than any other the good sense and the good faith of those who work it’ Gladstone: ‘[The British Constitution] presumes more boldly than any other the good sense and the good faith of those who work it’

Dicey’s ‘Twin Pillars’ of the Constitution Rule of Law and Parliamentary Sovereignty Rule of Law and Parliamentary Sovereignty Equality before the law Equality before the law Instead of a ‘constitution’, Britain has the doctrine of parliamentary sovereignty Instead of a ‘constitution’, Britain has the doctrine of parliamentary sovereignty ‘The principle of parliamentary sovereignty means nothing more nor less than this, namely, that Parliament … has, under the English constitution, the right to make or unmake any law whatever; and, further, that no person or body is recognised by the law as having a right to override or set aside the legislation of Parliament.’ A.V. Dicey, Introduction to the Study of the Law of the Constitution (1885) ‘The principle of parliamentary sovereignty means nothing more nor less than this, namely, that Parliament … has, under the English constitution, the right to make or unmake any law whatever; and, further, that no person or body is recognised by the law as having a right to override or set aside the legislation of Parliament.’ A.V. Dicey, Introduction to the Study of the Law of the Constitution (1885)

Tasks What is meant by saying Britain has a unitary system of government? What is meant by saying Britain has a unitary system of government? What are the main principles underlying the British Constitution? What are the main principles underlying the British Constitution?

Walter Bagehot ( ) Walter Bagehot (3 February 1826 – 24 March 1877) was an English businessman, essayist, and journalist who wrote extensively about literature, government, and economic affairs Walter Bagehot (3 February 1826 – 24 March 1877) was an English businessman, essayist, and journalist who wrote extensively about literature, government, and economic affairs In 1867, he wrote a book called The English Constitution that explored the nature of the constitution of the United Kingdom, specifically the functioning of Parliament and the British monarchy and the contrasts between British and American government In 1867, he wrote a book called The English Constitution that explored the nature of the constitution of the United Kingdom, specifically the functioning of Parliament and the British monarchy and the contrasts between British and American government