The UK constitution is often described as a flexible or 'unwritten' constitution, as it is not contained in a single written document like many other constitutions around the world. Instead, it is made up of a variety of sources, each with its own degree of flexibility in terms of how it can change over time.
The sources of the UK constitution include statutes, common law, conventions, and authoritative works. Statutes are laws passed by Parliament, and are relatively rigid in that they can only be amended or repealed by further legislation. However, the interpretation of statutes by courts can evolve over time, reflecting changes in society and values.
Common law is another source of the UK constitution, and is based on decisions made by judges in past cases. It is often said that common law is flexible, as it can evolve through judicial interpretation and the development of new legal principles over time.
Conventions are unwritten rules and practices that govern the operation of the UK's constitutional system. They are flexible in that they can change over time as political and social circumstances change. However, conventions are not legally enforceable, and their flexibility can be limited by political considerations and the need to maintain stability.
Finally, authoritative works such as legal textbooks and treatises can influence the development of the UK constitution, but their flexibility is limited by the need to reflect existing legal principles and precedents.
The flexibility of the UK constitution varies depending on the source. Statutes and authoritative works are relatively rigid, while common law and conventions are more flexible. However, even the most rigid sources can be subject to change over time through judicial interpretation and the influence of societal and political changes.
You can learn more about this topic with our Public Law notes.
