The Constitution I. Nature of The Constitution: Codified and Uncodified Constitutions
The Constitution I. Nature of The Constitution: Codified and Uncodified Constitutions
The Constitution I. Nature of The Constitution: Codified and Uncodified Constitutions
Traditions
These are customs and practices that have grown up over a long period of time. They are not legal but tend
to persist. E.g. The annual Queen’s Speech is how the government’s annual legislative programme is
announced and parliaments procedures are largely traditional
Yet, In the highly controversial Belmarsh Case, Parliament could have ignored the judgement declaring
indefinite detention for foreign nationals, furthermore, even though Parliament chose not to ignore the
judgement, the suspected international terrorists had to remain in prison until new legislation was written,
since the principal of parliamentary sovereignty makes it impossible to strike down primary legislation.
In conclusion, it is very debatable whether parliament remains sovereign to this day, however it is clear to
say that any means that can remove parliament’s sovereignty such as the membership of the EU can be
rebuked by parliament and it will always remain sovereign.
This question refers to the long-running debate over whether it is time to codify the UK constitution. This is
an argument that is usually promoted by liberals, mainly on the basis that Britain’s constitutional
arrangements are bow out of debate.
Summary
Constitutions are key elements in a country’s political system. They determine the distribution of
power and the relationships between political institutions. They are also key documents for
establishing citizen’s rights.
The UK constitution is unusual for a number of reasons. First, it is not codified, and secondly, it is
largely replaced by the doctrine of parliamentary sovereignty. This means that parliament has control
over the constitution and can change it at will. It also makes the constitution highly flexible.
However, it does not mean that there is no such thing as the UK constitution.
The UK constitution has a number of different sources including statutes, conventions, common law,
EU treaties, traditions and works of authority.
Sovereignty is a key idea in constitutional matters. It means ultimate legal power and the ultimate
source of all political power. Parliament is legally sovereign in the UK. However, sovereignty can
also be said to reside with the people in political elections or referendums. It can also be said to lie
with government because of its electoral mandate. The EU has sovereignty in areas of its jurisdiction.
Devolution has conferred a kind of quasi sovereignty on devolved administrations.
The location of sovereignty in the UK is constantly shifting as political circumstances change.
Membership of the EU has had a major impact on the EU’s constitutional arrangements.
A key question of British politics is whether or not the constitution should be codified.
Constitutions are either unitary, where sovereignty lies to one central place, or federal, where
sovereignty is divided between the centre and regions.
Major reform in the UK constitution began in 1997 with the advent of a Labour government. A
further round of reform is proposed by the collation government that took power in 2010.
Reform of the constitution has certainly improved democracy and rights in the UK and has also
decentralised power through devolution. Many critics, however, argue that there is much to be done
to modernise and democratise in the UK.