What is a constitution?

Definition 1: 

The House of Lords Select Committee on the Constitution (2001) defined a constitution as the 'set of laws, rules and practices that create the basic institutions of the state and its component and related parts, and stipulate the powers of those institutions and the relationship between the different institutions and between those institutions and the individual'.

Definition 2:

A constitution is a set of rules that describes the structure and powers of government, the relationship between different parts of government and the relationship between government and citizen. In many countries, the constitution has been codified (written down in a single document). 

Pros of an uncodified constitution

• Makes it easier to disregard outdated conventions e.g. Queen has to ask to be allowed into House of Lords.
• It provides a coherent system of government.
• It has evolved over time in accordance with the values of the British people.
• Parliamentary sovereignty has ensured a clear centre of authority.
• The constitution is flexible and can easily be adapted.
• It is effective, as governments can implement their policy programmes.
• Creates decisive, stable government, which gets things done.
• The rule of law theoretically protects the rights of citizens.
• Government is responsible - it is accountable to parliament and the electorate.

What is the difference between a codified and uncodified constitution?

 codified = the main principles and rules governing the state are enshrined in constitutional law (written in one document). E.g. US.

 uncodified = where these rules are found in convention and tradition (not found in one single document). E.g. UK. 

Features of the British Constitution

In the past 200 years, Britain has seen a number of important changes, including:

• The development of the party system
• The decline in the monarchy's authority
• The increasing power of the Cabinet
• A reduction in the power of Parliament, particularly the House of Lords
• The development of the European Union

All of this means that, with an uncodified constitution, the UK political system has been able to adapt with some ease to change.

Unitary government - the term unitary means that legal sovereignty i.e. power, lies in one place, which in the UK is Parliament. This differs from a federal system, such as in the US or Germany. 

The Parliamentary system - Parliament is the central feature of the UK's political system. It is the sovereign body, which means that there can be no higher laws than those made by parliament. 

Constitutional monarchy - although in theory the crown has unlimited powers in certain fields, it is considerably limited in practice. For example, the monarch cannot imprison one of her subjects without trial without infringing the Habeus Corpus Act (introduced 1679). 

Weakness of separation of powers -  in the 18th century, the French philosopher Montesquieu argued that a good government should be self-limiting i.e. it should not have too much power. He said the most effective way to achieve this was to ensure that government had three branches:

1. legislature - bodies that develop and pass laws
2. executive - bodies that propose and carry out these laws
3. judiciary - courts that administer and interpret the laws

Montesquieu argued that these three bodies should be separate, this is known as the separation of powers (the opposite is known as the fusion of powers).

Since Montesquieu's time, British politics has changed and the principle of the separation of powers no longer holds true in the UK. Why?

• Members of the government are also members of of the Houses of Parliament
• The Cabinet usually dominates the majority in the House of Commons through the party whip system
• Parliament has surrendered nearly all genuine law-making functions to the Cabinet
• Senior judges are appointed by PM on the advice of the Lord Chancellor, Cabinet and party colleagues
• The House of Lords acts as the highest appeal court in the UK, often considering cases with political significance, so it is part of both the legislature and judiciary.

The rule of law

The principles of the rule of law, as outlined by AV Dicey in 1885, say much about legal equality and the rights of citizens to a fair trial according to the principles of justice. Constitutional significance lies in the fact that the government itself must operate within the law. 

EU membership

The UK's legal sovereignty is limited by its membership of the EU. Treaties, laws and EU regulations are binding in the UK. Where there is a conflict between European and British law, European law is superior. Where a decision of the European Council of Ministers requires only a majority approval, the British government must accept that decision even if it has voted against it. But all key issues require unanimous approval so, in these cases, the British government can veto a decision, so it has not lost its sovereignty. 

The Human Rights Act

This Act is the European Convention of Human Rights brought into British law. It is partly binding and partly advisory only. It has become a key constitutional feature since its introduction in October 2000.

A summary of the British constitution

• It is unwritten, unentrenched and therefore flexible
• It is unitary - sovereignty lies in one place
• It is parliamentary - Parliament lies at the centre of the system
• The separation of powers is mostly absent
• The rule of law operates in the main
• Sovereignty is limited by EU membership