Distinctive Features of the UK Constitution
A constitution establishes the fundamental principles upon which the government of a state is organized and defines the relationship between its people and the government. The Constitution of the United Kingdom is unique in nature and stands as one of the oldest in the world.
The following are the salient features of the UK Constitution:
Unwritten Nature
The British Constitution is largely unwritten, meaning it has not been codified into a single document. However, this does not imply that all its parts are unwritten. Several important documents are available in codified form, including:
- Magna Carta (1215)
- The Petition of Right (1628)
- The Bill of Rights (1689)
- The Parliament Acts (1911 and 1949)
Evolutionary Growth
The British Constitution is a product of gradual evolutionary growth, developing over centuries through statutes, conventions, and judicial decisions rather than a single revolutionary act.
Flexible Constitution
The British Constitution is highly flexible. Parliament can amend it through the same legislative process used for ordinary statutory laws, requiring only a simple majority.
Unitary State
Britain operates under a unitary constitution. All governmental powers are ultimately vested in the Parliament of the whole country. There are no constituent units or states with devolved sovereign powers within Britain, though devolution has granted administrative autonomy to regions.
Bicameralism
The British Parliament consists of two houses: the House of Commons (the lower house) and the House of Lords (the upper house). This structure means the British legislature is bicameral.
Rule of Law
In England, no person is above the law. Everyone, including those in power, is subject to the same laws, and no one can break the law with impunity. This principle ensures equality before the law.
Constitutional Conventions
Conventions play a vital role in the British political system. A government is formed and removed based on these unwritten rules and practices. It is often said that conventions are a primary source of the British Constitution, shaping its practical operation.
Independence of the Judiciary
The British Constitution is founded on the principle of judicial independence. Since the year 1700, this principle has been a fundamental aspect of the English constitution, ensuring that judges can make decisions free from political interference.
Two-Party System
The British political system is characterized by a dominant two-party system, typically involving the Conservative Party and the Labour Party, though other parties also hold seats in Parliament.
Right to Vote
Every person aged 18 or over has the right to vote in general elections and local elections, ensuring broad democratic participation.
Parliamentary Sovereignty
Parliament is sovereign. The British Parliament possesses supreme legal authority and can make or unmake any law. Laws passed by Parliament cannot be challenged in the courts on grounds of unconstitutionality, except in specific cases related to EU law (prior to Brexit) or human rights legislation, which Parliament can ultimately override.
Limited Separation of Powers
While there are distinct organs of the state—the legislature, executive, and judiciary—the British system features a limited separation of powers. There is significant overlap, particularly between the executive and legislature, with ministers typically drawn from Parliament. However, the judiciary maintains a strong degree of independence.
Conclusion
This study highlights the unique nature of the British Constitution. It is not merely a revolutionary document but a continuously evolving framework, adapting to the changing needs of the nation while maintaining its distinctive characteristics.