12.1 Comparing the UK constitution with other systems
5 min read•august 16, 2024
The UK constitution stands out for its uncodified nature, drawing from various sources like statutes and conventions. This flexibility allows for easy adaptation but can lead to ambiguity. is a key principle, contrasting with systems of constitutional supremacy found elsewhere.
Comparing the UK system to others reveals trade-offs between flexibility and clarity. While the UK can swiftly adjust its constitution, codified systems offer clearer protections for rights and power limits. This comparison highlights the unique aspects of the UK's constitutional arrangement.
UK Constitution: Key Features
Uncodified Nature and Sources
Top images from around the web for Uncodified Nature and Sources
The Development of the Constitution | American Government View original
Is this image relevant?
Constitutions and Contracts: Was another new contract really necessary in 1787? | United States ... View original
Is this image relevant?
Constitutions and Contracts: Amending or Changing the Contract | United States Government View original
Is this image relevant?
The Development of the Constitution | American Government View original
Is this image relevant?
Constitutions and Contracts: Was another new contract really necessary in 1787? | United States ... View original
Is this image relevant?
1 of 3
Top images from around the web for Uncodified Nature and Sources
The Development of the Constitution | American Government View original
Is this image relevant?
Constitutions and Contracts: Was another new contract really necessary in 1787? | United States ... View original
Is this image relevant?
Constitutions and Contracts: Amending or Changing the Contract | United States Government View original
Is this image relevant?
The Development of the Constitution | American Government View original
Is this image relevant?
Constitutions and Contracts: Was another new contract really necessary in 1787? | United States ... View original
Is this image relevant?
1 of 3
UK constitution uncodified derives from various sources
Statutes (Acts of Parliament)
Common law (judicial decisions)
(non-binding rules)
Works of authority (scholarly writings)
Lacks a single consolidated constitutional document
Flexible allows alteration through normal legislative processes
Contrasts with systems requiring special amendment procedures (United States)
Parliamentary Sovereignty and Power Distribution
Parliamentary sovereignty fundamental principle
Parliament can make or unmake any law without legal restriction
No formal limits on legislative power
Lacks formal
Executive drawn from and accountable to legislature
Differs from presidential systems (United States, France)
Absence of constitutional court for specialized review
Regular courts interpret constitutional matters
Contrasts with systems like Germany's Federal Constitutional Court
Role of Conventions and Adaptability
Constitutional conventions play significant role
Non-legally binding rules and practices
Guide behavior of political actors and institutions
System highly adaptable to changing circumstances
Evolves through new conventions and judicial interpretations
Allows for organic development of constitutional practices
Advantages vs Disadvantages of Uncodified Constitution
Flexibility and Adaptability
Highly flexible adapts to changing circumstances without formal amendments
Responds quickly to new political realities ( in the UK)
Allows organic development of constitutional practices
Evolves through new conventions and judicial interpretations
Adapts to societal changes (expansion of voting rights)
Relies on political culture and tradition for continuity
Maintains stability through shared understanding of norms
Can be challenged if traditions are disputed or ignored
Clarity and Accessibility
Potential lack of clarity and accessibility for citizens
Constitutional provisions not consolidated in single document
Can be difficult for general public to understand full scope of constitution
May lead to ambiguity in resolving constitutional disputes
Lacks clear framework found in codified systems
Interpretation often left to political actors and courts
Heavier reliance on legal and political expertise
Citizens may need specialized knowledge to navigate constitutional issues
Contrasts with more accessible codified constitutions (Germany, South Africa)
Protection of Rights and Limits on Power
More susceptible to erosion of constitutional norms
Ordinary legislation can potentially alter fundamental principles
Lacks entrenched provisions found in codified systems
May provide weaker protections for fundamental rights
No single bill of rights or clearly defined constitutional protections
Relies more on statutory protections and common law
Less explicit limits on government power
Boundaries of authority often defined by conventions rather than written rules
Contrasts with systems of checks and balances in codified constitutions (United States)
Constitutional Conventions in the UK
Nature and Function of Conventions
Non-legally binding rules govern behavior of political actors and institutions
Not enforceable in courts but carry strong political and moral weight
Example: Prime Minister resigns if loses confidence of House of Commons
Evolve or alter without formal legislative processes
Adapt to changing political landscapes and societal expectations
Example: Gradual reduction of monarch's political influence
Fill gaps where formal legal rules absent
Provide framework for constitutional operation
Example: Cabinet collective responsibility not codified but widely accepted
Application and Enforcement
Regulate exercise of prerogative powers
Guide actions in areas like appointment of Prime Minister or dissolution of Parliament
Example: Monarch appoints leader of largest party as Prime Minister after election
Enforcement relies on political pressure and public opinion
Not subject to judicial intervention like legal provisions
Example: Media scrutiny and public backlash for breaching ministerial code
Interpretation and application subject to debate
Can lead to constitutional crises if conventions disputed
Example: Debates over prorogation of Parliament in 2019
Comparison with Legal Provisions
More flexible than written constitutional rules
Allow for adaptation without formal amendment processes
Example: Evolution of devolution arrangements in Scotland and Wales
Less clarity and certainty than codified provisions
Can be more easily disregarded or reinterpreted
Contrasts with clear constitutional articles in systems like the United States
Reflect political culture and historical development
Embody unwritten understandings unique to UK system
Differ from more explicit constitutional rules in civil law systems (France, Germany)
Parliamentary Sovereignty vs Constitutional Supremacy
Core Principles and Powers
Parliamentary sovereignty in UK allows Parliament to make or unmake any law
No court can overturn primary legislation
Example: Parliament's ability to alter fundamental constitutional arrangements
Constitutional supremacy establishes constitution as highest law
Found in countries like United States, Germany, and India
All other laws measured against constitutional standards
power typically present in constitutional supremacy systems
Courts can strike down laws conflicting with constitution
Example: US Supreme Court's power to declare laws unconstitutional
Protection of Rights and Federalism
Constitutional supremacy often provides stronger protections for individual rights
Rights enshrined in constitution difficult to alter
Example: Bill of Rights in US Constitution
UK system relies more on statutory protections and common law for rights
incorporated European Convention on Human Rights
Less entrenched than constitutional rights in other systems
more firmly established in constitutionally supreme systems
Clear division of powers between national and sub-national governments
Example: Canadian Constitution Act defines federal and provincial powers
Mechanisms for Change and Democratic Legitimacy
UK allows for rapid constitutional change through normal legislative processes
Parliament can alter fundamental arrangements with simple majority
Example: Fixed-term Parliaments Act 2011 and its subsequent repeal
Constitutionally supreme systems typically require special amendment procedures
Higher thresholds for changes to prevent easy alterations
Example: US Constitution requires two-thirds majority in Congress and ratification by three-fourths of states
Parliamentary sovereignty emphasizes democratic legitimacy through elected representatives
Parliament seen as ultimate expression of people's will
Constitutional supremacy places greater emphasis on legal constraints on government power
Aims to protect minority rights and prevent tyranny of majority
Key Terms to Review (18)
A.V. Dicey: A.V. Dicey was a British jurist and constitutional theorist, best known for his influential work 'Introduction to the Study of the Law of the Constitution,' published in 1885. His ideas helped shape the understanding of constitutional law in the UK, particularly regarding the rule of law and parliamentary sovereignty, making him a key figure in discussions around how these principles govern the political landscape.
Bicameralism: Bicameralism refers to a legislative system that consists of two separate chambers or houses, typically the lower house and the upper house, each having distinct powers and responsibilities. This system allows for a more thorough review of legislation, enabling both chambers to provide checks and balances on each other's decisions, which is crucial for the legislative process and influences the types of bills that can be passed.
Codified constitution: A codified constitution is a single, written document that outlines the fundamental laws and principles of a state, establishing the framework for government and the rights of citizens. This type of constitution is distinct from an uncodified constitution, which may be based on statutes, conventions, and judicial decisions rather than a singular written text. Codified constitutions provide clarity and certainty in legal interpretation and governance.
Constitutional Conventions: Constitutional conventions are unwritten rules that govern the behavior of political actors within the UK political system. They play a crucial role in filling gaps where the law may be silent or ambiguous, ensuring the smooth functioning of government, particularly in areas like the executive's role and powers, the monarchy's duties, and how the UK constitution influences other countries.
Constitutional Monarchy: A constitutional monarchy is a form of government in which a monarch acts as the head of state within the parameters of a constitution, which can be written or unwritten. This system balances the ceremonial and traditional role of the monarchy with democratic principles, ensuring that the monarch's powers are limited by laws and a parliamentary framework.
Devolution: Devolution refers to the transfer of powers and responsibilities from a central government to local or regional governments. This process has reshaped governance in various parts of the UK, allowing for greater autonomy and self-governance, impacting political dynamics and public policy across the regions.
Federalism: Federalism is a political system in which power is divided between a central government and smaller political units, such as states or regions, allowing both levels of government to operate independently in their respective spheres. This division can significantly influence governance and lawmaking, especially in systems that have undergone devolution or where regional governments have gained substantial authority.
Human Rights Act 1998: The Human Rights Act 1998 is a piece of legislation in the United Kingdom that incorporates the rights contained in the European Convention on Human Rights (ECHR) into UK law. This act allows individuals to seek justice in UK courts for breaches of their rights as outlined in the ECHR, thereby enhancing the protection of civil liberties and individual rights within the framework of the UK's constitution.
John Locke: John Locke was a 17th-century English philosopher known for his contributions to political theory, particularly regarding the concepts of natural rights, social contracts, and government legitimacy. His ideas played a crucial role in shaping modern democratic thought and have influenced the development of constitutionalism, particularly in the context of the UK constitution and comparisons with other political systems.
Judicial Review: Judicial review is the power of courts to assess whether a law, policy, or action by the government is constitutional and to invalidate those that are not. This mechanism plays a crucial role in maintaining the balance of power between branches of government and protecting individual rights within the legal framework.
Magna Carta: The Magna Carta, signed in 1215, is a foundational legal document that established the principle that everyone, including the king, is subject to the law. Its significance extends beyond its historical context, influencing various aspects of governance, including the royal prerogative, the rule of law, and the balance of power between the state and individual liberties.
Parliamentary Sovereignty: Parliamentary sovereignty is a fundamental principle of the UK constitution that establishes Parliament as the supreme legal authority, with the ability to create or repeal any law without being subject to legal limitations. This means that no other body, including the judiciary, can challenge or invalidate legislation passed by Parliament.
Representative Democracy: Representative democracy is a system of governance in which citizens elect representatives to make decisions and pass laws on their behalf. This structure allows for a broader participation of the populace in the political process while ensuring that elected officials are accountable to their constituents. In this model, the balance between local governance and national representation becomes crucial, reflecting how citizens engage with democratic practices, compare political systems globally, and address contemporary challenges in governance.
Rule of law: The rule of law is a foundational principle stating that all individuals and institutions, including the government, are subject to and accountable under the law, which is fairly applied and enforced. This principle ensures that no one is above the law and is crucial for maintaining justice, order, and individual rights within a society.
Separation of powers: Separation of powers is a governance model that divides the responsibilities and powers of government into distinct branches to prevent any one branch from exerting too much power. This principle helps maintain a system of checks and balances, ensuring that each branch—legislative, executive, and judicial—operates independently while also holding one another accountable.
Unitary State: A unitary state is a sovereign state governed as a single entity, where the central government holds the supreme authority and any administrative divisions (like regions or local governments) derive their powers from it. In this system, local authorities have limited powers, which can be revoked by the central government, creating a centralized political structure.
Unwritten constitution: An unwritten constitution refers to a system of governance where the fundamental laws and principles are not codified in a single document but are instead based on statutes, conventions, judicial decisions, and historical documents. This type of constitution is characterized by flexibility and adaptability, allowing for gradual changes over time without the need for formal amendments.
Westminster system: The Westminster system is a parliamentary system of government that originated in the United Kingdom, characterized by a strong executive branch led by the Prime Minister and a legislature that is typically made up of two houses. This system emphasizes accountability, with the government responsible to Parliament, and it facilitates the fusion of powers between the executive and legislative branches, allowing for efficient governance and decision-making.