BRITISH CONSTITUTION
The United Kingdom is a constitutional monarchy and a parliamentary democracy.
The British Constitution is uncodified i.e., it does not exist as a single document but rather as a historical formation with its provisions reflecting changing balance of power between social groups and interests. Unlike the US Constitution, the British Constitution is not federal but unitary and flexible, based on the principle of parliamentary sovereignty, i.e. it can only be changed by Parliament or general agreement, and that Parliament is the highest authority in the country.
The executive is entirely accountable to Parliament
What Parliament doth, no power on earth can undo - Sir William Blackstone “Commentaries on the Laws of England” (1765-69) - the basis of university legal education in England and North America.
Once an Act of Parliament is passed it cannot be disputed in law courts.
Sources of British constitution
Statute law - Acts of Parliament and other legislation made under the authority of the original act. Statute law regulates:
- the composition of the electorate - Representation of the People Acts 1832 - 1928.
- relationships between the Crown and Parliament, the royal prerogative - Bill of Rights 1689.
- succession to the throne - Act of Settlement 1701.
- relationships between the Houses of Parliament - Parliament Act 1911, Peerage Act 1963.
- relationships between parts of the United Kingdom - Act of Union with Scotland 1707.
- relationships between the United Kingdom and the European Community - European Communities Act - 1972.
- the rights of the individual against the State - Habeas Corpus Act 1672 and Administration of Justice Act 1960.
Statute law is enforced by the State, takes precedence over any conflicting law, and is superior to conventions.
Common law - consists of case law (based on judges' decisions) and custom, subject to interpretation and reinterpretation in law courts. Common law regulates:
- the principle of parliamentary sovereignty.
- the royal prerogative.
- judicial interpretations.
Conventions - the flesh that clothes the dry bones of the law - rules of constitutional behavior not enforced by the law courts, customary practices carried out for centuries:
- the monarch must appoint as Prime Minister a person with the confidence of the House of Commons.
- the Prime Minister must be the leader of the majority party.
- the monarch must assent to all measures passed by both Houses of Parliament.
- the Prime Minister advises the Queen whether to dissolve Parliament or not.
Other sources: the law of the European Union and international treaties and conventions.
In the UK there is no clear separation of powers. (EXEMPLIFICATION)
LEGISLATIVE - Queen, House of Commons, House of Lords.
EXECUTIVE - the Government (Cabinet and other ministers); local authorities; devolved administrations in Wales, Scotland and Northern Ireland, public corporations.
JUDICIARY - House of Lords and courts of law.