What are the strengths of the UK constitution

Tom Elliott-Frey Time Taken – 30 minutes

What are the strengths of the UK constitution?

Britain’s need for a codified constitution, as a unitary state, is different. The United Kingdom of Great Britain and Northern Ireland is also a political union, but based on the sovereignty of the national Parliament. The UK now has a Scottish Parliament and Northern Ireland Assembly able to pass their own domestic legislation and a National Assembly for Wales which can make secondary legislation. But all these were created by and are subordinate to the Westminster Parliament, as are all 468 county, borough, district and unitary councils.

Parliamentary sovereignty also entails the right to make or unmake any law whatever. This means that (a) historically the courts have had no power to veto legislation, and (b) no Parliament is bound in perpetuity by existing laws, including our treaties with the EU. Under the Human Rights Act, there are some powers for the courts to strike down some legislation that is incompatible with these rights, however, only Parliament itself can change primary legislation. The Act, like any other, could be abolished by a future

Parliament.

The UK’s constitution is uncodified and is derived from sources of varying ...

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Parliament.

The UK’s constitution is uncodified and is derived from sources of varying status, in theory, in can be easily changed. This to some, is regarded as a strength, as the constitution can adapt to political developments and changing circumstances and is, therefore, less likely to contain outdated rules and obligations. Codified constitutions tend to be less flexible and contain special rigid procedures that must be followed before any constitutional changes can be introduced. As a result to this, changes are usually rare. The UK constitution has many sources to it, and how it was created in the first place. The Habeas Corpus Act of 1679 gives some protection for the citizen against wrongful imprisonment. It enables anyone who has been confined to demand to be brought before a court for a free trial.

The strengths of the UK constitution is that it is flexible and is easy to update if laws are changed. If it needs to change in future then it can continue to evolve. It is not entrenched unlike the constitution of the United States of America.

The current system of an uncodified constitution provides a strong and effective government. There is accountability and supreme authority. Compared to the US Constitution, the rule of law in the UK is seen as all are equal under the law and the government must respect the laws when making decisions and taking action. Such a rule is strength to the citizens of the UK from the constitution.

Supporters of the current system point out that parliamentary sovereignty remains our key constitutional principle, and that no party controls the House of Commons unless it wins a democratic election. They also recognise that the Lords still provide some checks and balances by forcing legislation back to the Commons for reconsideration - the Parliament Act is rarely used. In

addition they note that much of the administration and judiciary is effectively apolitical - the Civil Service owes its loyalty to the Crown rather than the government and judges are not chosen on the basis of their party politics. This leads to greater continuity and independence than systems such as the USA.

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