The UK has an unwritten constitution, which means that it is not contained in a single, codified document. Instead, it is made up of a combination of sources that have developed over time. These sources include statute law, common law, conventions, retained European Union law, international treaties, and constitutional documents.
Statute law refers to laws passed by the UK Parliament. These laws include the Human Rights Act 1998, which incorporates the European Convention on Human Rights into UK law, and the Scotland Act 1998, which set out the powers of the Scottish Parliament.
Common law refers to legal principles and precedents established by courts over time. One of the most important principles of common law in the UK is the principle of parliamentary sovereignty, which holds that the UK Parliament is the supreme law-making authority.
Conventions are unwritten rules and practices that are widely accepted and followed. Examples of conventions in the UK include the convention that the monarch must give royal assent to any bill passed by Parliament and the convention that the Prime Minister must be a member of the House of Commons.
European Union law refers to laws and regulations made by the EU that have been incorporated into UK law through treaties and legislation. This source of the UK constitution was particularly relevant before Brexit, but now only retained EU law is still applicable in the UK. It should be noted that retained EU law will further be downplayed and become assimilated law in the coming years.
Treaties are international agreements between the UK and other countries which can have a constitutional significance, as they may impact on the powers and rights of the UK government and citizens. Examples include the Treaty of Lisbon and the European Convention on Human Rights.
Constitutional documents refer to historical documents such as the Magna Carta, the Bill of Rights 1689, and the Act of Settlement 1701. These documents have helped shape the development of the UK's constitution over time.
Together, these sources form the UK's unwritten constitution, which is characterised by its flexibility and ability to evolve over time. While the UK does not have a single, codified constitution like many other countries, its constitution is no less important and has been the subject of much debate and discussion over the years. Understanding the sources of the UK constitution is essential for anyone interested in the workings of UK government and the legal system.
Get a head start on your legal education with our First Year LLB Study Guide.
