The British constitution is an uncodified system comprised of written and unwritten rules. It has adapted over time through incremental reforms rather than by replacing the existing framework. Recent reforms have included devolving some powers to Scotland, Wales, and Northern Ireland; incorporating the European Convention on Human Rights; and establishing independent electoral authorities. However, parliamentary sovereignty, the concentration of power in Westminster, and an outdated electoral system remain ongoing weaknesses according to critics of the traditional British constitutional model.

1. CONSTITUTION

2. learning objectives
• Understand the key sources and principles of the
British constitution
• Explain the main strengths and weaknesses of
traditional constitution
• Define the parliamentary sovereignty
• identify significant constitutional reforms

3. what is constitution?

4. Constitution
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 individuals.

5. Codified constitution
A codified constitution is a single document that
sets out the laws, rules and principles on how a
state is to be governed, and the rights of citizens.
The key provisions governing the political system
are collected in one authoritative document.

6. Codified constitution
• is often produced at a critical juncture in a nation’s
history: for example, after independence
• has the status of fundamental law or higher law,
placing it above ordinary law made by the legislature
• Codified constitutions are characterised as rigid and
uncodified constitutions as flexible

7. Uncodified constitution
An uncodified constitution is one in which the laws,
rules and principles specifying how a state is to be
governed are not gathered in a single document.
Instead they are found in a variety of sources, some
written (e.g. statute laws) and some unwritten (e.g.
conventions).

8. Uncodified constitution
• has the status of ordinary law, there is no
hierarchy of law
• is not entrenched, but can be amended in the same
way as ordinary law
• judicial review is limited, there is no single
authoritative document that senior judges can use
to determine if an action is unconstitutional

9. sources of the British
constitution

10. Sources of the British constitution
• statute law
• common law
• conventions
• authoritative works
• European Union law

11. Statute law
Statute law is created by parliament. In the
legislative process, Acts of Parliament have to be
approved by the House of Commons, the House of
Lords and the monarch before they are placed on
the statute book.

12. Statute law
Not all Acts of parliament are of constitutional
significance. Examples of statute law that have been
of historical constitutional importance include:
• the Great Reform Act (1832), which extended
franchise

13. Statute law
• the Parliament Act (1911), which established the
House of Commons as the dominant chamber of
parliament
• the European Communities Act (1972), by which the
UK joined the European Economic Community (EEC)

14. Statute law
• the Scotland Act (1998), which created the Scottish
Parliament
• the Human Rights Act (1998), which enshrined key
rights in UK law
• the Fixed-term Parliaments Act (2011), which
established fixed-term elections for Westminster

15. Common law
common law includes legal principles that have
been developed and applied by UK courts. The
courts interpret and clarify the law where there
is no clear statute law.

16. Common law
common law also includes customs and
precedents that have become accepted practice.
They relate to the role of the monarchy,
parliament and the executive.

17. Conventions
Conventions are rules or norms that are
considered to be binding. They are neither
codified nor enforced by courts of law, it is long
usage that gives conventions their authority.

18. Conventions
examples include:
• royal assent for acts of parliaments
• Appointing the prime minister
• Ministerial responsibility
• Salisbury Convention

19. Authoritative works
A number of established legal and political texts
have become accepted as works of authority on the
British constitution. These texts have no formal
legal authority but they are guides to the workings
of institutions and the political system in general.

20. Authoritative works
• Erskine May's Treatise on the Law, Privileges,
Proceedings and Usage of Parliament (1844)
• Walter Bagehot's The English Constitution (1867)
• V. Dicey's An Introduction to the Study of the Law
of the Constitution (1884)

21. European Union law
On 1 January 1973, the UK became a member of the
European Economic Community, now the european union.
The treaties establishing the European Union,
legislation emanating from the EU and Judgements of
the European Court of Justice have all become a part of
the British constitution.

22. basic principles of the British
constitution

23. basic principles of the British
constitution
• parliamentary sovereignty
• the rule of law
• the unitary state
• parliamentary government in a constitutional
monarchy

24. Parliamentary sovereignty
The doctrine that parliament has absolute legal
authority. It enjoys legislative supremacy:
parliament may make law on any matter it chooses,
its decisions may not be overturned by any higher
authority and it may not bind its successors.

25. The rule of law
The rule of law concerns the relationship
between the state and its citizens, ensuring that
state action is limited and responsible. All UK
citizens must obey the law and are equal under it.

26. the unitary state
state in which power is concentrated at the
political centre and all parts of the state are
governed in the same way.

27. Parliamentary government in a
constitutional monarchy
government takes place though parliament under
a constitutional monarchy. Government ministers
are politically accountable to parliament and
legally accountable to the Crown.

28. Constraints on parliamentary
sovereignty

29. Constraints on parliamentary
sovereignty
• executive power
• membership of the European Union
• the Human Rights Act (1998)
• devolution
• referendums

30. Executive power
a major criticism of the doctrine of
parliamentary sovereignty is that political
reality is very different from legal theory. There
are numerous informal and formal constraints
on what parliament can do.

31. European Union
The UK's membership of the EU provides the most
significant challenge to the traditional view of
parliamentary sovereignty. the European
Communities Act (1972) had important
constitutional implications.

32. Human Rights Act
The Human Rights Act (1998) incorporated the
rights set out in the European Convention on
Human Rights (ECHR) into UK statute law. it
requires the British government to ensure that
legislation is compatible with the convention.

33. Devolution
Westminster no longer makes law on devolved
matters, but it retains legislative supremacy. It
has sole authority over 'reserved matters' such
as the UK economy, social security and the
constitution.

34. Referendums
Adherents to the traditional view of parliamentary
sovereignty oppose referendums because they place
decision making in the hands of the electorate rather
than MPs and peers. The increased use of referendums
suggests a shift towards popular sovereignty.

35. Strengths and weaknesses of
the traditional constitution

36. Strengths
• Adaptability
• Evolution
• Strong government
• Accountability

37. Adaptability
The constitution has proved its value by
operating effectively over many years. Pragmatic
reforms, introduced where there is a clear case
for change, have enabled the constitution to
adapt to changed circumstances.

38. Evolution
constitution has evolved over time and reflects
the history and enduring values of the British
people. The rules and practices that make up the
constitution form a coherent and intelligible
whole.

39. Strong government
The traditional constitution provides for strong
and effective government. The doctrine of
parliamentary sovereignty establishes supreme
authority within the political system.

40. Accountability
Strong government is also responsible
government. The government is accountable to
parliament, which scrutinises its activities, and
responsive to the electorate.

41. Weaknesses
• Lack of clarity
• Concentration of power
• Outdated and undemocratic

42. Lack of clarity
The uncodified nature of the constitution creates
problems of clarity and interpretation. It is not
always clear when a government has acted
unconstitutionally.

43. Concentration of power
Power is concentrated dangerously at the centre.
Parliamentary sovereignty and the absence of a
codified constitution mean that even the key
tenets of the rule of law are not fully protected.

44. Outdated and undemocratic
Critics of the traditional constitution depict it as
outdated, inefficient and undemocratic.

45. Reforming the constitution

46. Human rights
The Human Rights Act (1998) enshrined most of
the provisions of the European Convention on
Human Rights (ECHR) in UK law. it requires the
British government to ensure that legislation is
compatible with the convention.

47. Devolution
Devolution involves the transfer of powers –
legislative, executive and tax-raising – from
central government to subnational institutions.
The UK no longer fits the classic definition of a
unitary state.

48. Decentralisation
decentralisation involves transfer of powers to
local authorities. All local authorities were
obliged to reform their political management, but
by 2010 only 12 had adopted the government's
preferred option of a directly elected mayor.

49. Electoral reform
Proportional representation was introduced for
elections to the Scottish Parliament, Welsh
Assembly, Northern Ireland Assembly and
European Parliament, and for directly elected
mayors in a number of towns and cities.

50. Parliamentary reform
The House of Lords Act (1999) abolished the right
of all but 92 hereditary peers to sit and vote in
the upper house. However, any further reform of
the house of lords has stalled.

51. The judiciary
The Constitutional Reform Act (2005) focused on
judicial reform. A Supreme Court, which started
work in 2009, became the UK's highest court and
removed the judicial role of the House of Lords.

52. Freedom of information
The Freedom of Information Act (2000) gave
individuals a right of access to personal
information held on them by public bodies.

53. Elections, referendums and parties
The Political Parties, Elections and Referendums
Act (2000) established an independent Electoral
Commission to administer elections and
referendums, set an upper limit on national
campaign expenditure by political parties.

54. Fixed-term parliaments
Under the Fixed-term Parliaments Act 2011,
general elections are now held after a fixed 5-
year parliamentary term.

55. European Union
The European Union Act (2011) provides a
'referendum lock' under which any future treaty
transferring powers from the UK to the EU must
be put to a binding referendum.

56. Impact of the reforms

57. uncodified constitution
The reforms did not introduce a codified
constitution, but they did establish key principles
and procedures (e.g. human rights, devolution) in
statute law.

58. Parliamentary sovereignty
The legislative supremacy of parliament has been
preserved, but parliament has ceded significant
powers. The Scotland Act (1998) states that the
Westminster Parliament remains sovereign and
retains the power to make laws for Scotland.

59. The rule of law
The power of the state was restricted and the
rights of citizens were strengthened by the
Human Rights Act (1998) and the Freedom of
Information Act (2000), although these did not go
as far as some reformers had hoped for.

60. The unitary state
Asymmetric devolution means that the component
parts of the UK are governed in different ways.
Policy differences have also emerged, so
elements of the welfare state are no longer
uniform across the UK.