THE PRINCIPLES OF THE BRITISH CONSTITUTION

THE PRINCIPLES OF THE BRITISH CONSTITUTION

The British Constitution is the Constitution of the United Kingdom referring to a system of rules that controls and regulates the political governance of the United Kingdom of Great Britain and Northern Ireland (King, A. 2007). The significant principles are; the sovereignty of the parliament, the rule of law, the parliamentary government and the European Union membership (Scott et al. 1994). However, the principles stated are a broad range of the constitution, but a more classified defines the uncodified constitution, the unitary state and the parliamentary sovereignty. The British Constitution is different from the American Constitution in that the former is uncodified with the source from the acts of parliament while the latter is codified. A codified constitution refers to a document that is single written with full entrenchment in the law, making it difficult to change. On the other hand, an uncodified constitution is one that contains a diffuse range of sources including norms and customs, legal precedent and the acts of parliament. The constitution of the US is a presidential constitution, while the UK constitution is a parliamentary one (Craig et al. 1990, 11). The nature of the British constitution has been uncodified since the beginning of the 13th Century comprised of acts of parliament hence there is no general consensus as to where it is found (Prosser, T. 1996, 481). The Acts of parliament in the United Kingdom include Magna Carta (1215), the Act of Settlement (1701), and the Great Reform Act (1832) among others. This makes it easy to amend the acts when they are faced with a crisis.

Unwritten/Uncodified Constitution

The United Kingdom does not have a written constitution; neither does England not even a formulated version. The UK is among the few countries in the world that do have a written but is governed by what is famously known as an “uncodified constitution” comprised majorly of the Acts of Parliament (Norton, P. 2015, 83). The existing British Constitution is made up of rules and regulations that are constituted by jurisprudence and laws, that is, the English law and the Scottish law. It is also comprised of several treaties and international agreements that the government of the United Kingdom has signed up for. The uncodified constitution borrows largely from the English law that was stipulated before the creation of the United Kingdom. The founding principles and important laws are the clear justification of the English law in that they reflect the historical charters and bills from the English Parliament. The essential document that forms the basis of the English Constitution is the Magna Carta, also known as Great Charter of the Liberties of England. This was drawn up by the barons in 1215 and the forced King John to sign it as a binding document. The uncodified constitution has its advantages and disadvantages in the governance of the United Kingdom.

Advantages

• The uncodified constitution is flexible. This is because it only requires the amendment of the acts by the parliament hence easy to amend and update
• Majority of the rules and regulations easily evolve and adapt to the ever-changing political environment. This is attributed to the fact that the parliament just requires to be convinced enough that the changes are necessary to be made and the amendment is made.
• The decisions on the constitutional issues are largely made by elected politicians in parliament rather than unelected judges. This makes the judgements of the court to be fair rather than being confined to a written document without the consideration of the facts. The United States constitutional law is an example of law interpreted by the supreme courts; hence there is often partiality in judgements.

Disadvantages

• The constitution cannot be found in a single document creating a gap in the clarity of rules and the principles on governmental institutions.
• The powers of the important government bodies, that is, the executive, legislature and the judiciary are not clearly stated. The Supreme Court is seen as a mediator, but it a part of the affected hence the independence of the law is not protected.
• There are no clear or formulated procedures on how amendments are to be made. This creates a gap such that the legislature will amend the constitution to their own personal interests rather than those of the electorates.
• The uncodified constitution creates a loophole for the existence of pre-democratic elements to survive. Since it is based on the acts of history, the monarchy will find its way through to the democratic era.
• The rights of the citizens are often considered to be weak and ineffective even though it is the function of the constitution to safeguard it.

A Unitary State

A Unitary State refers to the governing of a state by a single and centralized governing structure whose decision is final (Kidd, C. 2012). The Union of the United Kingdom comprises of modern British states, that is, England and Scotland together with Wales and Northern Ireland (Mitchell, J., 1996, 608). The Crowns of Scotland and England were united by the Act of Union 1707. The supreme political power of the United Kingdom is held by the parliament with legislature headquartered in Great Britain. Northern Ireland, Wales, and Scotland have their own governments. These governments have the mandate to make laws within their areas of jurisdiction but not for the entire union. They are, however, mandated to enforce all the laws that have been made the parliament at all times. This mode of government has its advantages and disadvantages.

Advantages

• The government has full responsibility for its citizens from all the parties including Scotland, Wales and Northern Ireland. It is accountable to the parliament as it is the central institution that holds political power and the choices of the electorate.
• The sittings in Westminster are the only legally recognized to pass the law that affects the whole union and international impact. The representation from all the governments makes it fair in the legislative role.

Disadvantages

• The local and sub-national governments are not constitutionally protected since the legislature is more concerned with international situations
• This system of governance gives room for the abuse of power. The few individuals that are held with the responsibility to make decisions often have conflicts of interest

Parliamentary Sovereignty

The parliament is the supreme body in the United Kingdom because it has the mandate to decide the law (Barber, N. 2011, 149). The parliament can create or end laws depending on the necessitation by the circumstances. The courts cannot challenge the decisions of the parliament; instead, only amendments can be done by the legislators. This ensures that no law is irreversible in the event the future dictates the changing of a given law. The parliament has passed laws that limit their sovereignty through such incidences as entering into agreements with international states or implementation of acts such as the Human Rights Act 1998. This has its advantages and disadvantages.

Advantages

• It ensures a coherent system of government in matters of making and amending laws such that the process is fluent. This is guaranteed by the supremacy if the legislature hence there is no conflicts between institutions or powers.
• Parliamentary sovereignty has led to clarity and centralization of authority; hence the decisions are well informed and fast more, especially in an urgent situation.
• This sovereignty has guaranteed the effectiveness of governments in the implementation of policies and programmes as the parliament plays an oversight role.

Disadvantages

• A strong executive selection produces a centralized government hence there is no strict separation, and the institutions overlap in the roles and service delivery
• There is no existence of a codified constitution; hence the parliament has no constrains. This freedom will leave them at liberty, formulate any law or end certain laws without consultation.

Conclusion

The British Constitution has a compact way of governing the member governments of the United Kingdom. The major disadvantage is the supremacy of the legislature in its making and ending of laws rules. This is because there is the risk of the conflict of interest of the legislature; hence they may make biased laws or eradicate laws to pave the way for individual gains. Other than that, the constitutional organization and system of the United Kingdom fit the national conditions, including the political environment. Therefore there is no necessity to make any major changes.

References

King, A., 2007. The British Constitution. OUP Oxford.

Prosser, T., 1996. Understanding the British constitution. Political Studies, 44(3), pp.473-487.

Scott, A., Peterson, J. and Millar, D., 1994. Subsidiarity: a Europe of the regions v. the British constitution. J. Common Mkt. Stud., 32, p.47.

Craig, P.P. and Craig, 1990. Public law and democracy in the United Kingdom and the United States of America (pp. 10-11). Oxford: Clarendon.

Kidd, C., 2012. The Union and the Constitution. History and Policy, Policy Papers,(accessed 15.10. 2014).

Norton, P., 2015. The Uncodified Constitution. In British Polity, The, CourseSmart eTextbook (pp. 81-101). Routledge.

Mitchell, J., 1996. From unitary state to union state: Labour’s changing view of the United Kingdom and its implications. Regional Studies, 30(6), pp.607-611.

Barber, NW, 2011. The afterlife of Parliamentary sovereignty. International journal of constitutional law, 9(1), pp.144-154.