What are Constitutional Statutes?

Constitutional statutes are a category of laws that are fundamental to the constitutional framework of a country. Unlike ordinary statutes, constitutional statutes form the foundation of the legal and political system, establishing and regulating the structure and functions of government institutions, the rights and duties of citizens, and the relationship between the state and its people. In the United Kingdom, constitutional statutes hold a special status and are treated with particular reverence due to their foundational role in the nation's governance and legal order.

Constitutional statutes are distinguished by their fundamental importance to the legal and political system. They provide the basic principles and rules that underpin the operation of government and the protection of individual rights. For example, the Human Rights Act 1998 incorporates the European Convention on Human Rights into UK law, providing a framework for the protection of fundamental rights and freedoms.

While the UK does not have a single, codified constitution, constitutional statutes often enjoy a form of entrenchment. This means they cannot be easily repealed or amended like ordinary statutes. For instance, the Parliament Acts of 1911 and 1949 limit the powers of the House of Lords and regulate the legislative process, serving as key components of the UK's constitutional framework.

Constitutional statutes are recognised and treated differently by the judiciary. Courts are more reluctant to interpret or imply the repeal of constitutional statutes without explicit and clear legislative intent. This principle was notably articulated in the case of Thoburn v Sunderland City Council [2002] EWHC 195 (Admin), where the court recognised that certain statutes, by their very nature, form part of the constitutional landscape and thus require explicit repeal. Other examples of constitutional statutes include:

1. Magna Carta 1215  is one of the earliest and most iconic constitutional statutes in the UK. It established the principle that the monarch is subject to the law, laid the foundation for individual rights, and influenced the development of common law.
2. The Bill of Rights 1689 is a seminal constitutional statute that established key principles such as the supremacy of Parliament, the rule of law, and the rights of individuals, including freedom from arbitrary detention and the right to a fair trial.
3. The Act of Union 1707 united the Kingdoms of England and Scotland, forming the United Kingdom of Great Britain. It laid the constitutional basis for the political and legal union of these two nations.
4. The European Communities Act 1972 was a constitutional statute that facilitated the UK's accession to the European Economic Community (EEC), integrating European law into the UK legal system. Its repeal through the European Union (Withdrawal) Act 2018 marked a significant constitutional change in the context of Brexit.

Constitutional statutes are essential for maintaining the stability, coherence, and legitimacy of the legal and political system. They provide the legal foundation for governance, protect fundamental rights, and ensure that governmental power is exercised in accordance with the rule of law. By recognising and upholding the special status of constitutional statutes, the judiciary helps to safeguard the core principles and values that underpin the constitutional order.

Constitutional statutes play a crucial role in the legal and political system of the United Kingdom. They are characterised by their fundamental importance, a degree of entrenchment, and judicial recognition as foundational laws. Examples such as the Magna Carta, the Bill of Rights, and the Human Rights Act illustrate the diverse and evolving nature of constitutional statutes, reflecting the historical and contemporary development of the UK's constitutional framework. Understanding and respecting the special status of these statutes is essential for maintaining the integrity and stability of the constitutional order.