UK Constitution and Government/Constitution

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The Constitution

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Unlike many other nations, the United Kingdom does not possess a single document for its constitution. The British constitution consists of several different elements and is often referred to as an unwritten constitution. Since, however, many parts of the constitution are indeed in written form, it would be more accurate to refer to the body of British constitution as an uncodified constitution. The British Constitution can found in a number of sources: 1- Constitutional Statutes (Laws) 2- Conventions (Accepted norms of political behaviour) 3- Royal Prerogative (Now executed by the Prime Minister) 4- EU Treaties 5- Common Law 6- Authoritative Books on Constitutional Law such as Erskine-May and Dicey

1- Constitutional Statutes (Laws)
Acts of Parliament are explicit statutes enacted by Parliament. For example key Constitutional Statutes include:

• Magna Carta (1215)
• The Habeas Corpus Act (1679)
• The Bill of Rights (1689)
• The Act of Settlement (1701)
• The Parliament Acts (1911 and 1941)
• The Peerage Act (1963)
• The European Communities Act (1972)
• The Scotland Act (1998)
• The Human Rights Act (1998)
• The House of Lords Act (1999)

2- Conventions
Conventions are customs that are normally followed by the various figures in Government. Examples include:

• Collective Cabinet responsibility
• The PM must choose his most important ministers from the elected House of Commons
• The Prime Minister exercises the prerogative powers of the Crown

3- Royal Prerogative
These are areas of executive power that were held by the Monarch prior to the formation of the current Parliamentary system. They are now executed by the Prime Minister and the Cabinet on behalf of the Monarch. Examples include:

• Right to declare war (no vote of Parliament is legally or conventionally required)
• The appointment and dismissal of ministers of state
• The issuing of passports

4- EU Treaties
Treaties are considered part of the law, but do not have effect in the United Kingdom unless an Act of Parliament otherwise directs.

• An example would be the European Communities Act, 1972, ratified by parliament, which commits the UK to accepting that European law is superior to British law. As all EU Law was, at that time, subject to unanimous voting, the UK could veto any law it objected to. When voting on many issues changed to Qualified Majority Voting, that veto was lost.

Since the UK is a part of the European Union, laws passed by the Union's Parliament are a part of British law.

5- Common Law
Common Law is that which, while not specifically passed by Parliament, is well-established by precedents set by the courts. (For example, there is no statute making it illegal to murder; murder is a common law crime.)

6- Authoritative Books on Constitutional Law such as Erskine-May and Dicey