The constitution of the United Kingdom is the set of laws and principles under which the

United Kingdom is governed.Unlike many other nations, the UK has no single

constitutional document. This is sometimes expressed by stating that it has an uncodified
or "unwritten" constitution.Much of the ritish constitution is embodied in written
documents, within statutes, court !udgments and treaties. The constitution has other
unwritten sources, including parliamentary constitutional conventions "as laid out in
#rskine May$ and royal prerogatives.%istorically, "&o 'ct of (arliament can be
unconstitutional, for the law of the land knows not the word or the idea.")ince the
*lorious +evolution, the bedrock of the ritish constitution has traditionally been the
doctrine of parliamentary sovereignty, according to which the statutes passed by
(arliament are the UK,s supreme and final source of law. -t follows that (arliament can
change the constitution simply by passing new 'cts of (arliament. There is some debate
about whether this principle remains valid, particularly in light of the UK,s membership
in the #uropean Union.
Principles
Parliamentary supremacy and the rule of law
-n the ./th century, '.0. 1icey, a highly influential constitutional scholar and lawyer,
wrote of the twin pillars of the ritish constitution in his classic work 'n -ntroduction to
the )tudy of the 2aw of the 3onstitution ".445$. These pillars are the principle of
(arliamentary sovereignty and the rule of law. The former means that (arliament is the
supreme law6making body7 its 'cts are the highest source of #nglish 2aw "the concept of
parliamentary sovereignty is disputed in )cots 2aw, see Mac3ormick v 2ord 'dvocate$.
The latter is the idea that all laws and government actions conform to principles. These
principles include e8ual application of the law7 everyone is e8ual before the law and no
person is above the law, including those in power. 'nother is no person is punishable in
body or goods without a breach of the law7 as held in #ntick v 3arrington, unless there is
a clear breach of the law, persons are free to do anything, unless the law says otherwise9
thus, no punishment without a clear breach of the law.'ccording to the doctrine of
parliamentary sovereignty, (arliament may pass any legislation that it wishes. y
contrast, in countries with a codified constitution, the legislature is normally forbidden
from passing laws that contradict that constitution7 constitutional amendments re8uire a
special procedure that is more arduous than that for regular laws.There are many 'cts of
(arliament which themselves have constitutional significance. :or example, (arliament
has the power to determine the length of its term. y the (arliament 'cts ./.. and ./;/,
the maximum length of a term of parliament is five years but this may be extended with
the consent of both %ouses. This power was most recently used during <orld <ar -- to
extend the lifetime of the ./=5 parliament in annual increments up to ./;5. (arliament
also has the power to change the make6up of its constituent houses and the relation
between them. #xamples include the %ouse of 2ords 'ct ./// which changed the
membership of the %ouse of 2ords, the (arliament 'cts ./.. and ./;/ which altered the
relationship between the %ouse of 3ommons and the %ouse of 2ords and the +eform 'ct
.4=> which made changes to the system used to elect members of the %ouse of
3ommons.The power extended to (arliament includes the power to determine the line of
succession to the ritish throne. This power was most recently used to pass %is Ma!esty,s
1eclaration of 'bdication 'ct ./=?, which gave constitutional effect to the abdication of
#dward 0--- and removed any of his putative descendants from the succession.
(arliament also has the power to remove or regulate the executive powers of the
Monarch.(arliament consists of the Monarch, the %ouse of 3ommons and the %ouse of
2ords. The %ouse of 3ommons consists of ?5@ members elected by the people from
single6member constituencies under a first past the post system. :ollowing the passage of
the %ouse of 2ords 'ct .///, the %ouse of 2ords consists of >? bishops of the 3hurch of
#ngland "2ords )piritual$, /> representatives of the hereditary peers and several hundred
life peers. The power to nominate bishops of the 3hurch of #ngland and to create
hereditary and life peers is exercised by the Monarch, on the advice of the (rime
Minister. y the (arliament 'cts ./.. and ./;/ legislation may, in certain circumstances,
be passed without the approval of the %ouse of 2ords. 'lthough all legislation must
receive the approval of the Monarch "+oyal 'ssent$, no Monarch has withheld such
assent since .A@4.:ollowing the accession of the UK to #uropean #conomic 3ommunity
"now the #uropean Union$ in ./A>, the UK became bound by #uropean law and more
importantly, the principle of the supremacy of #uropean Union law. 'ccording to this
principle, which was outlined by the #uropean 3ourt of Bustice in ./?; in the case of
3osta v. #&#2, laws of member states that conflict with #U laws must be disapplied by
member states, courts. The conflict between the principles of the primacy of #U law and
of parliamentary supremacy was illustrated in the !udgment in Thoburn v )underland
3ity 3ouncil, which held that the #uropean 3ommunities 'ct ./A>, the 'ct that initiated
ritish involvement in the #U, could not be implicitly repealed simply by the passing of
subse8uent legislation inconsistent with #uropean law. The court went further and
suggested that the ./A> 'ct formed part of a category of special "constitutional statutes"
that were not sub!ect to implied repeal. This exception to the doctrine of implied repeal
was something of a novelty, though the court stated that it remained open for (arliament
to expressly repeal the 'ct. -t is politically inconceivable at the present time that
(arliament would do so and constitutional lawyers have also 8uestioned whether such a
step would be as straightforward in its legal effects as it might seem. The Thoburn
!udgment was handed down only by the 1ivisional 3ourt "part of the %igh 3ourt$, which
occupies a relatively low level in the legal system.The %ouse of 3ommons alone
possesses the power to pass a motion of no confidence in the *overnment, which re8uires
the *overnment either to resign or seek fresh elections "this principle was codified in the
:ixed6term (arliaments 'ct >@..Csee below for more details$. )uch a motion does not
re8uire passage by the 2ords or +oyal 'ssent.(arliament traditionally also has the power
to remove individual members of the government by impeachment "with the 3ommons
initiating the impeachment and the 2ords trying the case$, although this power has not
been used since .4@?. y the 3onstitutional +eform 'ct >@@5 it has the power to remove
individual !udges from office for misconduct.'dditionally, 1icey has observed that the
constitution of elgium "as it stood at the time$ "comes very near to a written
reproduction of the #nglish constitution."
Unitary state
The United Kingdom comprises four countries7 #ngland, <ales, )cotland and &orthern
-reland. &evertheless, it is a unitary state, not a federation "like the United )tates,
'ustralia, *ermany, raDil or +ussia$, or a confederation "like )witDerland or the former
)erbia and Montenegro.$ 'lthough )cotland, <ales and &orthern -reland have possessed
legislatures and executives, #ngland does not "see <est 2othian 8uestion$. The authority
of all these bodies is dependent on 'cts of (arliament and that they can in principle be
abolished at the will of the (arliament of the United Kingdom. ' historical example of a
legislature that was created by 'ct of (arliament and later abolished is the (arliament of
&orthern -reland, which was set up by the *overnment of -reland 'ct ./>@ and
abolished, in response to political violence in &orthern -reland, by the &orthern -reland
3onstitution 'ct ./A= "&orthern -reland has since been given another legislative
assembly under the &orthern -reland 'ct .//4$. The *reater 2ondon 3ouncil was
abolished in ./4? by the 2ocal *overnment 'ct ./45 and a similar institution, the
*reater 2ondon 'uthority was established in >@@@ by the *reater 2ondon 'uthority 'ct
.///.(arliament contains no chamber comparable to the United )tates )enate "which has
e8ual representation from each state of the U)'$ or the *erman undesrat "whose
membership is selected by the governments of the )tates of *ermany$. #ngland contains
over 4@E of the UK,s population, produces over 4@E of its combined gross domestic
product and contains the capital city.-n #ngland the established church is the 3hurch of
#ngland. -n )cotland, there is no state church, the 3hurch of )cotland having been
disestablished by the 3hurch of )cotland 'ct ./>.9 <ales and &orthern -reland have no
established church. #ngland and <ales share the same legal system, while )cotland and
&orthern -reland each has its own distinct legal system. These distinctions were created
as a result of the United Kingdom being created by the union of separate countries
according to the terms of the .A@? Treaty of Union, ratified by the .A@A 'cts of Union.
Constitutional monarchy
The United Kingdom is a constitutional monarchy7 succession to the ritish throne is
hereditary.Under the ritish 3onstitution, sweeping executive powers, known as the royal
prerogative, are nominally vested in the Monarch. -n exercising these powers the
Monarch normally defers to the advice of the (rime Minister or other ministers. This
principle, which can be traced back to the +estoration, was most famously articulated by
the 0ictorian writer <alter agehot as "the Fueen reigns, but she does not rule".The
precise extent of the royal prerogative has never formally been delineated, but in >@@;,
%er Ma!esty,s *overnment published some of the powers, in order to be more
transparent7
1omestic powers
The power to dismiss and appoint a (rime Minister
The power to dismiss and appoint other ministers
The power to summon and prorogue (arliament
The power to grant or refuse +oyal 'ssent to bills "making them valid and law$
The power to commission officers in the 'rmed :orces
The power to command the 'rmed :orces of the United Kingdom
The power to appoint members to the Fueen,s 3ouncil
The power to issue and withdraw passports
The power to grant (rerogative of mercy "though 3apital (unishment is abolished, this
power is still used to remedy errors in sentence calculation$
The power to grant honours
The power to create corporations via +oyal 3harter
The power to appoint bishops and archbishops of the 3hurch of #ngland.
:oreign powers
The power to ratify and make treaties
The power to declare <ar and (eace
The power to deploy the 'rmed :orces overseas
The power to recognise states
The power to credit and receive diplomats
The most important prerogative still personally exercised by the Monarch is the choice of
whom to appoint (rime Minister. The most recent occasion the monarch has had to
exercise these powers were in :ebruary ./A;, when (rime Minister #dward %eath
resigned after failing to win an overall ma!ority at the *eneral #lection or to negotiate a
coalition. Fueen #liDabeth -- appointed %arold <ilson, leader of the 2abour (arty, as
(rime Minister, exercising her prerogative after extensive consultation with the (rivy
3ouncil. The 2abour (arty had the largest number of seats in the %ouse of 3ommons, but
not an overall ma!ority. The >@.@ general election also resulted in a hung parliament.
'fter several days of negotiations, between the parties, Fueen #liDabeth -- invited 1avid
3ameron to form a government on the advice of the outgoing prime minister *ordon
rown.The Monarch formerly en!oyed the power to dissolve (arliament "normally on the
re8uest of the (rime Minister$. %owever, this power was explicitly removed from the
Monarch by the :ixed6term (arliaments 'ct >@...The last Monarch to dismiss a (rime
Minister who had not suffered a defeat on a motion of confidence in the %ouse of
3ommons, or to appoint a (rime Minister who clearly did not en!oy a ma!ority in that
%ouse, was <illiam -0 who in .4=; dismissed the *overnment of 2ord Melbourne,
replacing him with +obert (eel "the 1uke of <ellington briefly heading a caretaker
ministry as (eel was on holiday in -taly at the time$. (eel resigned after failing to win the
.4=5 *eneral #lection 6 prior to the .4=> +eform 'ct, which reduced the number of
rotten and pocket boroughs, it would have been very unusual for a government with
+oyal backing to be defeated in this way.Fueen 0ictoria was the last Monarch to veto a
ministerial appointment. -n .4/>, she refused <illiam #wart *ladstone,s advice to
include %enry 2abouchGre "a radical who had insulted the +oyal :amily$ in the
3abinet.The last Monarch to veto legislation passed by (arliament was Fueen 'nne, who
withheld assent from the )cottish Militia ill .A@4. %owever, the possibility that a royal
veto might be exercised independently by the Monarch remained for at least two further
centuries. (itt the Hounger resigned in .4@. when *eorge --- made clear that he would
veto 3atholic #mancipation, which he regarded as a breach of his oath to uphold the
3hurch of #ngland 6 the measure did not pass until .4>/ when *eorge -0 was persuaded
to drop his opposition. 's late as ./.;, *eorge 0 took legal advice on withholding the
+oyal 'ssent from the Third -rish %ome +ule ill, which the 2iberal government was
pushing through parliament having recently removed the 2ords, veto "(arliament 'ct
./..$ and in the teeth of threatened armed resistance in Ulster. The King decided that he
should not withhold the 'ssent without "convincing evidence that it would avert a
national disaster, or at least have a tran8uilliDing effect on the distracting conditions of
the time".The +oyal (rerogative is not unlimited9 this was established in the 3ase of
(roclamations ".?.@$, which confirmed that no new prerogative can be created and that
(arliament can abolish individual prerogatives. %owever, as part of (arliamentary
)overeignty, (arliament could create new prerogatives if it so wished regardless.
Prime Minister and Government
The (rime Minister is appointed by the Monarch. <hen one party has an absolute
ma!ority in the %ouse of 3ommons, the Monarch appoints the leader of that party as
(rime Minister. <hen there is a hung parliament, or the identity of the leader of the
ma!ority party is not clear "as was often the case for the 3onservative (arty up to the
./?@s, and for all parties in the nineteenth century$, the Monarch has more flexibility in
his or her choice. The Monarch appoints and dismisses other ministers on the advice of
the (rime Minister "and such appointments and dismissals occur 8uite fre8uently as part
of cabinet reshuffles$. The (rime Minister, together with other ministers, form the
*overnment. The *overnment often includes ministers whose posts are sinecures "such
as the 3hancellor of the 1uchy of 2ancaster$ or ministers with no specific responsibilities
"minister without portfolio$7 such positions may be used by the (rime Minister as a form
of patronage, or to reward officials such as the 3hairman of the ruling (arty with a
governmental salary.-f the 3ommons votes against the *overnment on a motion of no
confidence, the :ixed6term (arliaments 'ct >@.. specifies that (arliament automatically
dissolves unless a subse8uent motion of confidence in is passed within fourteen days. The
(rime Minister and government would have the option of resigning in order to allow a
replacement government the chance to obtain a vote of confidence within the re8uired
timeframe, or remaining in office to fight the subse8uent general election. The
*overnment usually resigns immediately after defeat in a general election, though this is
not strictly re8uired. :or example, )tanley aldwin,s government lost its ma!ority in the
general election of 1ecember ./>=, but did not resign until defeated in a confidence vote
in Banuary ./>;.The (rime Minister and all other ministers take office immediately upon
appointment by the Monarch. -n the United Kingdom, unlike many other countries, there
is no re8uirement for a formal vote of approval by the legislature either of the
*overnment as a whole or of its individual members before they may assume office.The
(rime Minister and all other Ministers normally serve concurrently as members of the
%ouse of 3ommons or %ouse of 2ords, and are obliged by collective responsibility to
cast their (arliamentary votes for the *overnment,s position, regardless of their personal
feelings or the interests of their constituents. The (rime Minister is normally a member of
the %ouse of 3ommons. The last (rime Minister to be a member of the %ouse of 2ords
was 'lec 1ouglas6%ome9 however, he resigned from the 2ords and became a member of
the 3ommons shortly after his appointment as (rime Minister in ./?= "there was a period
of about two weeks during which he served as (rime Minister despite belonging to
neither %ouse$. The last (rime Minister to serve a full administration from the %ouse of
2ords was +obert 3ecil, =rd Mar8uess of )alisbury, who served until ./@>.Thus the
executive ""%er Ma!esty,s *overnment"$ is "fused" with (arliament. ecause of a
number of factors, including the decline of the Monarch and the %ouse of 2ords as
independent political actors, an electoral system that tends to produce absolute ma!orities
for one party in the 3ommons, and the strength of party discipline in the 3ommons
"including the built6in payroll vote in favour of the *overnment$, the (rime Minister
tends to have sweeping powers checked only by the need to retain the support of his or
her own M(s. The phrase elective dictatorship was coined by former 2ord 3hancellor
Fuintin %ogg in ./A? to highlight the enormous potential power of government afforded
by the constitution.The need of a (rime Minister to retain the support of her own M(s
was illustrated by the case of Margaret Thatcher, who resigned in .//@ after being
challenged for the leadership of the 3onservative (arty. The strength of party discipline
within the 3ommons, enforced by the whip system, is shown by the fact that the two
most recent votes in which a *overnment was defeated occurred in ./4? and >@@5.
Judiciary
's mentioned above, there are three separate !udicial systems in the United Kingdom7
that of #ngland and <ales, that of )cotland, and that of &orthern -reland. Under the
3onstitutional +eform 'ct >@@5 the final court of appeal for all cases, other than )cottish
criminal cases, is the newly created )upreme 3ourt of the United Kingdom7 for )cottish
criminal cases, the final court of appeal remains the %igh 3ourt of Busticiary.0acancies in
the )upreme 3ourt are filled by the Monarch based on the recommendation of a special
selection commission consisting of that 3ourt,s (resident, 1eputy (resident, and
members of the !udicial appointment commissions for the three !udicial systems of the
UK. The choice of the commission may be vetoed by the 2ord 3hancellor "a government
minister$. Members of the )upreme 3ourt may be removed from office by (arliament,
but only for misconduct.Budges may not sit or vote in either %ouse of (arliament "before
the >@@5 'ct, they had been permitted to sit and vote in the %ouse of 2ords$.
Church of England
The 3hurch of #ngland is the established church in #ngland "i.e., not in )cotland, <ales
or &orthern -reland$. The Monarch is ex officio )upreme *overnor of the 3hurch of
#ngland, and is re8uired by the 'ct of )ettlement .A@. to "!oin in communion with the
3hurch of #ngland". 's part of the coronation ceremony, the Monarch swears an oath to
"maintain and preserve inviolably the settlement of the 3hurch of #ngland, and the
doctrine, worship, discipline, and government thereof, as by law established in #ngland"
before being crowned by the senior cleric of the 3hurch, the 'rchbishop of 3anterbury I
a similar oath concerning the established 3hurch of )cotland, which is a (resbyterian
church, having already been given by the new Monarch in his or her 'ccession 3ouncil.
'll clergy of the 3hurch swear an oath of allegiance to the Monarch before taking
office.(arliament retains authority to pass laws regulating the 3hurch of #ngland. -n
practice, much of this authority is delegated to the 3hurch,s *eneral )ynod. The
appointment of bishops and archbishops of the 3hurch falls within the royal prerogative.
-n current practice, the (rime Minister makes the choice from two candidates submitted
by a commission of prominent 3hurch members, then passes his choice on to the
Monarch. The (rime Minister plays this role even though he himself is not re8uired to be
a member of the 3hurch of #ngland or even a 3hristianCfor example 3lement 'ttlee
was an agnostic who described himself as "incapable of religious feeling".Unlike many
nations in continental #urope, the United Kingdom does not directly fund the established
church with public money "although many publicly funded voluntary aided schools are
run by religious foundations, including those of the 3hurch of #ngland$. -nstead, the
3hurch of #ngland relies on donations, land and investments.
The precise extent of the royal prerogative has never formally been delineated, but in
>@@;, %er Ma!esty,s *overnment published some of the powers, in order to be more
transparent7J.5K
1omestic powers
The power to dismiss and appoint a (rime Minister
The power to dismiss and appoint other ministers
The power to summon and prorogue (arliamentJ.?K
The power to grant or refuse +oyal 'ssent to bills "making them valid and law$
The power to commission officers in the 'rmed :orces
The power to command the 'rmed :orces of the United Kingdom
The power to appoint members to the Fueen,s 3ouncil
The power to issue and withdraw passports
The power to grant (rerogative of mercy "though 3apital (unishment is abolished, this
power is still used to remedy errors in sentence calculation$
The power to grant honours
The power to create corporations via +oyal 3harter
The power to appoint bishops and archbishops of the 3hurch of #ngland.
:oreign powers
The power to ratify and make treaties
The power to declare <ar and (eace
The power to deploy the 'rmed :orces overseas
The power to recognise states
The power to credit and receive diplomats
The most important prerogative still personally exercised by the Monarch is the choice of
whom to appoint (rime Minister. The most recent occasion the monarch has had to
exercise these powers were in :ebruary ./A;, when (rime Minister #dward %eath
resigned after failing to win an overall ma!ority at the *eneral #lection or to negotiate a
coalition. Fueen #liDabeth -- appointed %arold <ilson, leader of the 2abour (arty, as
(rime Minister, exercising her prerogative after extensive consultation with the (rivy
3ouncil. The 2abour (arty had the largest number of seats in the %ouse of 3ommons, but
not an overall ma!ority. The >@.@ general election also resulted in a hung parliament.
'fter several days of negotiations, between the parties, Fueen #liDabeth -- invited 1avid
3ameron to form a government on the advice of the outgoing prime minister *ordon
rown.The Monarch formerly en!oyed the power to dissolve (arliament "normally on the
re8uest of the (rime Minister$. %owever, this power was explicitly removed from the
Monarch by the :ixed6term (arliaments 'ct >@...The last Monarch to dismiss a (rime
Minister who had not suffered a defeat on a motion of confidence in the %ouse of
3ommons, or to appoint a (rime Minister who clearly did not en!oy a ma!ority in that
%ouse, was <illiam -0 who in .4=; dismissed the *overnment of 2ord Melbourne,
replacing him with +obert (eel "the 1uke of <ellington briefly heading a caretaker
ministry as (eel was on holiday in -taly at the time$. (eel resigned after failing to win the
.4=5 *eneral #lection 6 prior to the .4=> +eform 'ct, which reduced the number of
rotten and pocket boroughs, it would have been very unusual for a government with
+oyal backing to be defeated in this way.Fueen 0ictoria was the last Monarch to veto a
ministerial appointment. -n .4/>, she refused <illiam #wart *ladstone,s advice to
include %enry 2abouchGre "a radical who had insulted the +oyal :amily$ in the
3abinet.The last Monarch to veto legislation passed by (arliament was Fueen 'nne, who
withheld assent from the )cottish Militia ill .A@4. %owever, the possibility that a royal
veto might be exercised independently by the Monarch remained for at least two further
centuries. (itt the Hounger resigned in .4@. when *eorge --- made clear that he would
veto 3atholic #mancipation, which he regarded as a breach of his oath to uphold the
3hurch of #ngland 6 the measure did not pass until .4>/ when *eorge -0 was persuaded
to drop his opposition. 's late as ./.;, *eorge 0 took legal advice on withholding the
+oyal 'ssent from the Third -rish %ome +ule ill, which the 2iberal government was
pushing through parliament having recently removed the 2ords, veto "(arliament 'ct
./..$ and in the teeth of threatened armed resistance in Ulster. The King decided that he
should not withhold the 'ssent without "convincing evidence that it would avert a
national disaster, or at least have a tran8uilliDing effect on the distracting conditions of
the time".The +oyal (rerogative is not unlimited9 this was established in the 3ase of
(roclamations ".?.@$, which confirmed that no new prerogative can be created and that
(arliament can abolish individual prerogatives. %owever, as part of (arliamentary
)overeignty, (arliament could create new prerogatives if it so wished regardless.
Prime Minister and Government
The (rime Minister is appointed by the Monarch. <hen one party has an absolute
ma!ority in the %ouse of 3ommons, the Monarch appoints the leader of that party as
(rime Minister. <hen there is a hung parliament, or the identity of the leader of the
ma!ority party is not clear "as was often the case for the 3onservative (arty up to the
./?@s, and for all parties in the nineteenth century$, the Monarch has more flexibility in
his or her choice. The Monarch appoints and dismisses other ministers on the advice of
the (rime Minister "and such appointments and dismissals occur 8uite fre8uently as part
of cabinet reshuffles$. The (rime Minister, together with other ministers, form the
*overnment. The *overnment often includes ministers whose posts are sinecures "such
as the 3hancellor of the 1uchy of 2ancaster$ or ministers with no specific responsibilities
"minister without portfolio$7 such positions may be used by the (rime Minister as a form
of patronage, or to reward officials such as the 3hairman of the ruling (arty with a
governmental salary.-f the 3ommons votes against the *overnment on a motion of no
confidence, the :ixed6term (arliaments 'ct >@.. specifies that (arliament automatically
dissolves unless a subse8uent motion of confidence in is passed within fourteen days. The
(rime Minister and government would have the option of resigning in order to allow a
replacement government the chance to obtain a vote of confidence within the re8uired
timeframe, or remaining in office to fight the subse8uent general election. The
*overnment usually resigns immediately after defeat in a general election, though this is
not strictly re8uired. :or example, )tanley aldwin,s government lost its ma!ority in the
general election of 1ecember ./>=, but did not resign until defeated in a confidence vote
in Banuary ./>;.The (rime Minister and all other ministers take office immediately upon
appointment by the Monarch. -n the United Kingdom, unlike many other countries, there
is no re8uirement for a formal vote of approval by the legislature either of the
*overnment as a whole or of its individual members before they may assume office.The
(rime Minister and all other Ministers normally serve concurrently as members of the
%ouse of 3ommons or %ouse of 2ords, and are obliged by collective responsibility to
cast their (arliamentary votes for the *overnment,s position, regardless of their personal
feelings or the interests of their constituents. The (rime Minister is normally a member of
the %ouse of 3ommons. The last (rime Minister to be a member of the %ouse of 2ords
was 'lec 1ouglas6%ome9 however, he resigned from the 2ords and became a member of
the 3ommons shortly after his appointment as (rime Minister in ./?= "there was a period
of about two weeks during which he served as (rime Minister despite belonging to
neither %ouse$. The last (rime Minister to serve a full administration from the %ouse of
2ords was +obert 3ecil, =rd Mar8uess of )alisbury, who served until ./@>.Thus the
executive ""%er Ma!esty,s *overnment"$ is "fused" with (arliament. ecause of a
number of factors, including the decline of the Monarch and the %ouse of 2ords as
independent political actors, an electoral system that tends to produce absolute ma!orities
for one party in the 3ommons, and the strength of party discipline in the 3ommons
"including the built6in payroll vote in favour of the *overnment$, the (rime Minister
tends to have sweeping powers checked only by the need to retain the support of his or
her own M(s. The phrase elective dictatorship was coined by former 2ord 3hancellor
Fuintin %ogg in ./A? to highlight the enormous potential power of government afforded
by the constitution.The need of a (rime Minister to retain the support of her own M(s
was illustrated by the case of Margaret Thatcher, who resigned in .//@ after being
challenged for the leadership of the 3onservative (arty. The strength of party discipline
within the 3ommons, enforced by the whip system, is shown by the fact that the two
most recent votes in which a *overnment was defeated occurred in ./4? and >@@5.
Judiciary
's mentioned above, there are three separate !udicial systems in the United Kingdom7
that of #ngland and <ales, that of )cotland, and that of &orthern -reland. Under the
3onstitutional +eform 'ct >@@5 the final court of appeal for all cases, other than )cottish
criminal cases, is the newly created )upreme 3ourt of the United Kingdom7 for )cottish
criminal cases, the final court of appeal remains the %igh 3ourt of Busticiary.0acancies in
the )upreme 3ourt are filled by the Monarch based on the recommendation of a special
selection commission consisting of that 3ourt,s (resident, 1eputy (resident, and
members of the !udicial appointment commissions for the three !udicial systems of the
UK. The choice of the commission may be vetoed by the 2ord 3hancellor "a government
minister$. Members of the )upreme 3ourt may be removed from office by (arliament,
but only for misconduct.Budges may not sit or vote in either %ouse of (arliament "before
the >@@5 'ct, they had been permitted to sit and vote in the %ouse of 2ords$.
Church of England
The 3hurch of #ngland is the established church in #ngland "i.e., not in )cotland, <ales
or &orthern -reland$. The Monarch is ex officio )upreme *overnor of the 3hurch of
#ngland, and is re8uired by the 'ct of )ettlement .A@. to "!oin in communion with the
3hurch of #ngland". 's part of the coronation ceremony, the Monarch swears an oath to
"maintain and preserve inviolably the settlement of the 3hurch of #ngland, and the
doctrine, worship, discipline, and government thereof, as by law established in #ngland"
before being crowned by the senior cleric of the 3hurch, the 'rchbishop of 3anterbury I
a similar oath concerning the established 3hurch of )cotland, which is a (resbyterian
church, having already been given by the new Monarch in his or her 'ccession 3ouncil.
'll clergy of the 3hurch swear an oath of allegiance to the Monarch before taking
office.(arliament retains authority to pass laws regulating the 3hurch of #ngland. -n
practice, much of this authority is delegated to the 3hurch,s *eneral )ynod. The
appointment of bishops and archbishops of the 3hurch falls within the royal prerogative.
-n current practice, the (rime Minister makes the choice from two candidates submitted
by a commission of prominent 3hurch members, then passes his choice on to the
Monarch. The (rime Minister plays this role even though he himself is not re8uired to be
a member of the 3hurch of #ngland or even a 3hristianCfor example 3lement 'ttlee
was an agnostic who described himself as "incapable of religious feeling".Unlike many
nations in continental #urope, the United Kingdom does not directly fund the established
church with public money "although many publicly funded voluntary aided schools are
run by religious foundations, including those of the 3hurch of #ngland$. -nstead, the
3hurch of #ngland relies on donations, land and investments.'cts of (arliament
Sources
'cts of (arliament are laws "statutes$ that have received the approval of (arliament I that
is, the Monarch, the %ouse of 2ords and the %ouse of 3ommons. Ln rare occasions, the
%ouse of 3ommons uses the "(arliament 'cts" "the (arliament 'ct ./.. and the
(arliament 'ct ./;/$ to pass legislation without the approval of the %ouse of 2ords. -t is
unheard of in modern times for the Monarch to refuse to assent to a bill, though the
possibility was contemplated by *eorge 0 in relation to the fiercely controversial
*overnment of -reland 'ct ./.;.'cts of (arliament are among the most important
sources of the constitution. 'ccording to the traditional view, (arliament has the ability to
legislate however it wishes on any sub!ect it wishes. :or example, most of the iconic
mediaeval statute known as Magna 3arta has been repealed since .4>4, despite
previously being regarded as sacrosanct. -t has traditionally been the case that the courts
are barred from 8uestioning any 'ct of (arliament, a principle that can be traced back to
the mediaeval period. Ln the other hand, this principle has not been without its dissidents
and critics over the centuries, and attitudes among the !udiciary in this area may be
changing.Lne conse8uence of the principle of parliamentary sovereignty is that there is
no hierarchy among 'cts of (arliament7 all parliamentary legislation is, in principle, of
e8ual validity and effectiveness. %owever, the !udgment of 2ord Bustice 2aws in the
Thoburn case in >@@> indicated that there may be a special class of "constitutional
statutes" such as Magna 3arta, the %uman +ights 'ct .//4, the #uropean 3ommunities
'ct ./A>, the 'ct of Union and ill of +ights which have a higher status than other
legislation. This part of his !udgment was "obiter" "i.e. not binding$ I and, indeed, was
controversial. -t remains to be seen whether the doctrine will be accepted by other !udges.
Treaties
Treaties do not, on ratification, automatically become incorporated into UK law.
-mportant treaties have been incorporated into domestic law by means of 'cts of
(arliament. The #uropean 3onvention on %uman +ights, for example, was given "further
effect" into domestic law through the preamble of the %uman +ights 'ct .//4.'lso, the
Treaty of Union of .A@A was important in creating the unitary state which exists today.
The treaty was between the governments of #ngland and )cotland and was put into effect
by two 'cts of Union which were passed by the (arliaments of #ngland and )cotland,
respectively. The Treaty, along with the subse8uent 'cts, brought into existence the
Kingdom of *reat ritain, uniting the Kingdom of #ngland and the Kingdom of
)cotland.
European Union law
Under #uropean 2aw, as developed by the #3B, the #3 Treaty created a "new legal
order" under which the validity of #uropean Union law cannot be impeded by national
law9 though the UK, like a number of other #U members, does not share the #3B,s monist
interpretation unconditionally, it accepts the supremacy of #U law in practice. ecause,
in the UK, international law is treated as a separate body of law, #U law is enforceable
only on the basis of an 'ct of (arliament, such as the #uropean 3ommunities 'ct ./A>,
which provides for the supremacy of #U law. The supremacy of #U law has been
confirmed by the %ouse of 2ords, as in the :actortame litigation. +eplying to comments
on the decision to override national legislation on the basis of #U law, 2ord ridge wrote
"Under the terms of the ./A> 'ct it has always been clear that it was the duty of a United
Kingdom court, when delivering final !udgment, to override any rule of national law
found to be in conflict with any directly enforceable rule of Union law."Ln one analysis,
#U law is simply a subcategory of international law that depends for its effect on a series
of international treaties "notably the Treaty of +ome and the Maastricht Treaty$. -t
therefore has effect in the UK only to the extent that (arliament permits it to have effect,
by means of statutes such as the #uropean 3ommunities 'ct ./A>, and (arliament could,
as a matter of ritish law, unilaterally bar the application of #U law in the UK simply by
legislating to that effect. %owever, at least in the views of some ritish authorities, the
doctrine of implied repeal, which applies to normal statutes, does not apply to
"constitutional statutes", meaning that any statute that was to have precedence over #U
law "thus disapplying the ./A> #uropean 3ommunities 'ct$ would have to provide for
this expressly or in such a way as to make the inference "irresistible". The actual legal
effect of a statute enacted with the express intention of taking precedence over #U law is
as yet unclear. %owever, it has been stated that if (arliament were to expressly repudiate
its treaty obligations the courts would be obliged to give effect to a corresponding
statute7"-f the time should come when our (arliament deliberately passes an 'ct I with
the intention of repudiating the Treaty or any provision of it I or intentionally of acting
inconsistently with it I and says so in express terms I then . . . it would be the duty of our
courts to follow the statute of our (arliament" "per 2ord 1enning in Macartys 2td v
)mith J./A/K -3+ at p. A4/$".-n >@.. parliament passed the #uropean Union 'ct which
states in clause .47 ")tatus of #U law dependent on continuing statutory basis 1irectly
applicable or directly effective #U law "that is, the rights, powers, liabilities, obligations,
restrictions, remedies and procedures referred to in section >".$ of the #uropean
3ommunities 'ct ./A>$ falls to be recognised and available in law in the United
Kingdom only by virtue of that 'ct or where it is re8uired to be recognised and available
in law by virtue of any other 'ct."
Common law
3ommon law legal systems exist in &orthern -reland and in #ngland and <ales but not in
)cotland which has a hybrid system "see )cots law$ which involves a great deal of
3ommon 2aw. 3ourt !udgments also commonly form a source of the constitution7
generally speaking in #nglish 2aw, !udgments of the higher courts form precedents or
case law that binds lower courts and !udges9 )cots 2aw does not accord the same status to
precedent and !udgments in one legal system do not have a direct effect in the other legal
systems.%istorically important court !udgments include those in the 3ase of
(roclamations, the )hip money case and #ntick v. 3arrington, all of which imposed limits
on the power of the executive.' constitutional precedent applicable to ritish colonies is
3ampbell v. %all, which effectively extended those same constitutional limitations to any
territory which has been granted a representative assembly.
Conventions
Many ritish constitutional conventions are ancient in origin, though others "like the
)alisbury 3onvention$ date from within living memory. )uch conventions, which include
the duty of the Monarch to act on the advice of his or her ministers, are not formally
enforceable in a court of law9 rather, they are primarily observed "because of the political
difficulties which arise if they are not."
Wors of authority
<orks of authority is the formal name for works that are sometimes cited as
interpretations of aspects of the UK constitution. Most are works written by nineteenth6
or early6twentieth6century constitutionalists, in particular '. 0. 1icey, <alter agehot
and #rskine May.
!isputes a"out the nature of the U# Constitution
The legal scholar #ric arendt argues that the uncodified nature of the United Kingdom
constitution does not mean it should not be characterised as a "constitution", but also
claims that the lack of an effective separation of powers, and the fact that parliamentary
sovereignty allows (arliament to overrule fundamental rights, makes it to some extent a
,facade, constitution.-n one article, 2ord )carman presents a spirited argument for a
written constitution for the UK, but still refers to the .?44 compromise and resulting 'cts
of (arliament as a constitution.'. 0. 1icey identified that ultimately "the electorate are
politically sovereign," and (arliament is legally sovereign.J=5K arendt argues that the
greater political party discipline in the %ouse of 3ommons that has evolved since 1icey,s
era, and the reduction in checks on governmental power, has led to an excessively
powerful government that is not legally constrained by the observance of fundamental
rights.' 3onstitution would impose limits on what (arliament could do. To date, the
(arliament of the UK has no limit on its power other than the possibility of extra6
parliamentary action "by the people$ and of other sovereign states "pursuant to treaties
made by (arliament and otherwise$.(roponents of a codified constitution argue it would
strengthen the legal protection of democracy and freedom. 's a strong advocate of the
"unwritten constitution", 1icey highlighted that #nglish rights were embedded in the
general #nglish common law of personal liberty, and "the institutions and manners of the
nation".Lpponents of a codified constitution argue that the country is not based on a
founding document that tells its citiDens who they are and what they can do. There is also
a belief that any unwarranted encroachment on the spirit of constitutional authority would
be stiffly resisted by the ritish people, a perception expounded by the ./th century
'merican !udge Bustice radley in the course of delivering his opinion in a case heard in
2ouisiana in .4A=7 "#ngland has no written constitution, it is true9 but it has an unwritten
one, resting in the acknowledged, and fre8uently declared, privileges of (arliament and
the people, to violate which in any material respect would produce a revolution in an
hour.
!evolution
+eforms since .//A have decentralised the UK by setting up a devolved )cottish
(arliament and assemblies in <ales and &orthern -reland. The UK was formed as a
unitary state, though )cotland and #ngland retained separate legal systems. )ome
commentators have stated the UK is now a "8uasi6federal" state7 it is only "8uasi" federal,
because "unlike the other components of the UK$ #ngland has no legislature of its own,
and is directly ruled from <estminster "the devolved bodies are not sovereign and could,
in theory at least, be repealed by (arliament I unlike "true" federations such as the United
)tates where the constituent states share sovereignty with the federal government$.
'ttempts to extend devolution to the various regions of #ngland have stalled, and the fact
that (arliament functions both as a ritish and as an #nglish legislature has created some
dissatisfaction "the so6called "<est 2othian 8uestion"$.The 2abour government under
past6(rime Minister Tony lair instituted constitutional reforms in the late .//@s and
early6to6mid >@@@s. The effective incorporation of the #uropean 3onvention on %uman
+ights into UK law through the %uman +ights 'ct .//4 has granted citiDens specific
positive rights and given the !udiciary some power to enforce them. The courts can advise
(arliament of primary legislation that conflicts with the 'ct by means of "1eclarations of
-ncompatibility" I however (arliament is not bound to amend the law nor can the
!udiciary void any statute I and can refuse to enforce, or "strike down", any incompatible
secondary legislation. 'ny actions of government authorities that violate 3onvention
rights are illegal except if mandated by an 'ct of (arliament.3hanges also include the
3onstitutional +eform 'ct >@@5 which alters the structure of the %ouse of 2ords to
separate its !udicial and legislative functions. :or example the legislative, !udicial and
executive functions of the 2ord 3hancellor are now shared between the 2ord 3hancellor
"executive$, 2ord 3hief Bustice "!udicial$ and the newly created post of 2ord )peaker
"legislative$. The role of 2aw 2ord "a member of the !udiciary in the %ouse of 2ords$ was
abolished by transferring them to the new )upreme 3ourt of the United Kingdom in
Lctober >@@/.*ordon rown launched a "*overnance of ritain" process when he took
over as (M in >@@A. This was an ongoing process of constitutional reform with the
Ministry of Bustice as lead ministry.The 3onstitutional +eform and *overnance 'ct >@.@
is a piece of constitutional legislation. -t enshrines in statute the impartiality and integrity
of the UK 3ivil )ervice and the principle of open and fair recruitment. -t enshrines in law
the (onsonby +ule which re8uires that treaties are laid before (arliament before they can
be ratified.The 3oalition *overnment, formed in May >@.@, proposed a series of further
3onstitutional reforms in their coalition agreement. 3onse8uently, the (arliamentary
0oting )ystem and 3onstituencies 'ct >@.. and the :ixed6term (arliaments 'ct >@..
were passed. The 'cts will reduce the number of M(s in the %ouse of 3ommons from
?5@ to ?@@, change the way the UK is divided into parliamentary constituencies,
introduce a referendum on changing the system used to elect M(s and take the power to
dissolve (arliament away from the monarch. The 3oalition has also promised to
introduce legislation on the reform of the %ouse of 2ords. ' referendum on the voting
system was re!ected by ?AE, and therefore all reforms regarding the voting system were
dropped. 3onservative rebels forced the government to drop %ouse Lf 2ord reforms, to
which the 2iberal 1emocrats said they would refuse to support changes to the boundaries
of constituencies. "The 2iberal 1emocrats believing such changes favoured the
3onservatives$.