The Nature of the British Constitution

Constitution
1. Constitutions have multiple purposes
2. Commentators agree that constitutions generally define the institutions and powers of the state
3. Constitution usually also sets out the limits of state power
4. Constitution may provide legitimation for the use of state powers within those defined limits
5. May also set out the principles upon which the state is founded
6. May also provide a bill of rights for citizens or subjects
7. It establishes the framework of the state
Comparison of written and unwritten constitutions
1. Lawyers and political commentators often refer to the constitutions as either written or unwritten or uncodified
2. Written constitution usually refers to a single document that contains a bill of rights and the constitutional law that sets out the structure of the state
3. Unwritten constitution or unmodified constitution is used to refer to constitutions that are made up from multiple documents or sources
4. Many written constitutions in recent times were developed by the need to restructure the country after a revolution, a major change of regime or a granting of independence
British constitution
1. Unwritten and unmodified
2. Unitary rather than federal
3. Parliamentary executive rather than a presidential executive
4. Constitutional monarchy rather than a republican
5. Religious rather than secular
6. Flexible rather than rigid
7. Unusual in form
8. Liberal democracy
Sources of British constitution
1. Made up of a wide range of sources
2. Some sources are legal, such as acts of parliament, secondary legislation and the common law
3. Some are international legal sources, such as EU law and the ECHR
4. Other sources are non-legal, such as constitutional conventions
5. Constitutional conventions cannot be enforced through the courts, but they limit the use of legal power that has been given to those in power by the constitution
6. Sometimes referred to a political mechanism for restraining the excessive use of power
Hierachial position of British Constitution and how amended
1. UK constitution is not hierarchially superior to primary legislature
2. Acts of parliament cannot be compared with the constitution by judges and be declared to be unconstitutional and invalid, even if an act can be declared incompatible with ECHR
3. UK constitution cannot be enforced against the legislation as a result, nor is the UK constitution entrenched and protected, because it can always be changed by and act of parliament
4. UK constitution can be legally enforced by the mechanism of judicial review against the executive, meaning that the executive may legally act only within its legal power
Proposed reforms
1. Recent proposals to reform the form as well as the substance of the constitution
2. Macdonald constitution, Tony Benn's commonwealth of britain bill, and the IPPR'S constitution have all included proposals picked up by previous labor government in some form and have come into force, even if UK is yet to adopt written constitution.
3. Coalition agreement of the present government contains a number of constitutional reform proposals including a commission to examine a British bill of rights
4. Substance of the reforms is likely to have more far reaching consequences that merely the form that any new constitution takes

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The Nature of the British Constitution

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