Sources of UK Constitution
The United Kingdom’s constitution is unique for being uncodified, meaning it is not written in a single, consolidated document. Instead, it derives from various sources that collectively form the constitutional framework of the country. These sources include:
- Statute Law: Laws passed by the UK Parliament, which are written and accessible. These are the highest source of law and include significant constitutional statutes, such as the Human Rights Act 1998 and the Scotland Act 1998.
- Common Law: Legal principles and judicial decisions made by courts. Common law evolves over time based on precedents set by court rulings, contributing to constitutional conventions and the protection of rights.
- Constitutional Conventions: Unwritten practices and traditions followed by the country’s institutions. While not legally enforceable, they are considered binding and include principles like the Royal Assent to legislation and the resignation of a government following a vote of no confidence.
- Historic Documents: Foundational texts that have played a significant role in shaping the constitutional landscape of the UK. Notable examples include the Magna Carta (1215), the Bill of Rights (1689), and the Act of Settlement (1701).
- Works of Authority: Legal writings and commentaries by respected authors that are used as reference guides for understanding the constitution. Works by A.V. Dicey, Erskine May, and Walter Bagehot are considered authoritative texts on the UK constitution.
- European Union (EU) Laws and Treaties (Pre-Brexit): Prior to Brexit, EU laws and treaties were a significant source of the UK’s legal system, superseding UK laws in areas of conflict. Following Brexit, the European Union (Withdrawal) Act 2018 repealed the supremacy of EU law but incorporated existing EU law into UK law as “retained EU law.”
- International Law and Treaties: The UK is bound by international law and treaties it has ratified, which influence the country’s legal system and have constitutional significance, such as the European Convention on Human Rights, which is incorporated into UK law via the Human Rights Act 1998.
These diverse sources provide a flexible framework that allows the UK’s constitution to evolve over time, adapting to changes in society, politics, and the international environment. This flexibility is seen as both a strength, allowing for adaptability and resilience, and a challenge, due to the complexity and lack of a single, unified document.
Constitution of UK
Constitution of UK: England is a country that doesn’t have a written constitution like some others around the world. Instead, it follows an “uncodified constitution.” The government of the UK abides by a set of written rules and regulations that come from a mix of English and Scottish laws, as well as international treaties and agreements accepted by the UK.
In this article, we will learn about the Constitution of the UK in great detail, and take a look at its salient features, different institutions, and the reforms made over time as well.
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