Sources of the Constitution of the United Kingdom

Sources of the Constitution

Under the Constitution of UK, there has traditionally been no comprehensive single document which sets out the general principles of political governance. To give meaning to the constitution as a whole, it is necessary to study the many fundamental documents, statutes and cases along with the non-legal conventional rules. It is, however, convenient to classify the sources, broadly under two heads, namely, legal and non-legal sources. Legal sources imply those sources provisions coming from which are enforceable by an order of the court; non-legal sources imply those sources provisions. coming from which are not enforceable by an order of the court.

Legal Sources

Statutes:

This is law created by Parliament. Acts of Parliament are approved by the Lords, Commons and the Monarchs, they gain the force of law, and are then implemented by the executive and enforced by the courts. Any law that involves constitutional relationships becomes part of the constitution. Statute Law is the most vital source of the UK constitution because, under the doctrine of Parliamentary Sovereignty, the UK Parliament is the supreme law-making body.

The Magna Carta, 1215:

The Magna Carta is a Latin term which means 'Great Charter'. It is Britain's best-known constitutional document. In 1215 feudal barons forced the 'tyrannical' King John (1199-1216) to come to an agreement to a series of concessions embodied in a charter which became known as the Magna Carta. There are Sixty-one clauses that set out a clear expression of the rights of the community against the Crown. The contents deal with the 'free' Church; feudal law; towns, trade and merchants; the reform of the law and justice; the behaviour of royal officials; and royal forests. The King was pressurized to adjust his seal to the Magna Carta in a meadow next to the River Thames at Runnymede between Windsor and Staines. It is said that he behaved with pleasure to the nobles at the time, but as soon as he returned to his own chamber he threw himself on the floor in a mad rage. Since that day the Magna Carta has become part of English Law and established the important principle that the King is not above the law. Original copies of the charter exist in Salisbury Cathedral, Lincoln Castle and the British Museum in London. The Magna Carta nowadays principally of historical interest, represents an early settlement between the Crown and the barons, limiting the power of the Crown and also providing for the right to trial by jury.

The Petition of Right, 1628:

The Petition of Right arose as a result of Darnel's Case (1628), where the defendants had been convicted and imprisoned for his unwilling to pay a loan imposed by King Charles I. The Petition restricts such loans, taxes and other monetary demands without the consent of the parliament.

The Bill of Rights, 1689:

The Bill of Rights was the culmination of long-running disputes between the Crown and Parliament and represents the foundation of the contemporary constitution, limiting the powers of the Crown and ensuring the supremacy of Parliament over the Crown. The Bill declared the power of suspending or executing laws by the Crown without parliamentary consent to be illegal. It also declared the levying of money for use of the Crown under the prerogative without parliamentary consent to be illegal.

The Act of Settlement, 1700:

The Act of Settlement made clear the line of succession to the throne. The Act also stands for security of tenure for the judiciary, thus ending the power of the Crown to dismiss judges at will. In relation to the succession to the throne, the Act tied the succession to Protestant heirs, thus prohibiting accession to the throne by persons who are Roman Catholics, or who marry Roman Catholics.

Acts of Union with Scotland 1706, Ireland 1700:

These treaties brought about the union with Ireland and Scotland. While the Act of Union with Scotland remains in force, and its continuing importance stressed in the debate on devolution to the Scottish Parliament under the Scotland Act 1998, the Act of Union with Ireland met its demise. The Treaty of Union with Scotland, for example, provided that the two Kingdoms of England and Scotland shall be united in one Kingdom by the name of Great Britain.

The Parliament Acts 1911 and 1949:

The Parliament Acts of 1911 and 1949 regulate the relationship between the House of Commons and the House of Lords and ensure that while the unelected House of Lords may delay legislation introduced in the Commons, ultimately it must give way to the elected House.

The European Communities Act 1972:

The European Communities Act 1972, as amended, together with the Treaties on European Union 1992,1997 and 2000, regulate the United Kingdom's membership with the European Union and continue to have huge significance for the constitution of the United Kingdom. The law of the European Union and Community are regarded as an increasingly significant source of constitutional Law.

The Human Rights Act 1998:

The Human Rights Act of 1998 incorporates the rights enshrined in the European Convention on Human Rights and Freedoms into domestic law represents a fundamental change in the domestic protection of rights. The Act provides citizens for the first time with a code of rights which are enforceable in the domestic courts rather than in the European Court of Human Rights.

The House of Lords Act 1999:

The Act represents the first stage of the reform program of the House of Lords, and removes the majority of hereditary peers from that House.

Acts Establishing Devolution:

The Government of Wales Act 1998, the Northern Ireland Act 1998 and the Scotland Act 1998 are the devolution Acts that are granted to the nation of the United Kingdom extensive administrative powers. It has an extensive law-making power in the case of Northern Ireland and Scotland.

Royal Prerogative:

The discretionary powers of the Crown that are employed by Government Ministers in the name of the Monarch is referred to as Royal Prerogative. The Crown retains a number of powers that date back to before Britain became a constitutional monarchy in the Century 17th. These power include the power to dissolve parliament, to declare war, to appoint government ministers and judges. Today these powers beset with the Prime Minister and Government Ministers, the Prime Minister will inform the Monarch of their decision but the most important fact that the Monarch has not real power to veto their chosen course. The prerogative powers of the Crown are those powers which are the residue of the arbitrary and discretionary powers legally left in the hands of the Crown which, being exercised by the government in the name of the Crown entails every act which the executive government can do without the authority of the Parliament.

Judicial precedents:

Many of the principles of the British constitutional law are to be inferred from decisions of the courts in particular cases, such as the extent of the liberties of the citizen, determined in disputes between the individuals and the executive. Such cases arise by chance, as it were, in the ordinary course of litigation. Examples of judicial precedents laying down important principles are Ashby v. White (1703); Campbell v Hall (1774); Johnstone v. Pedler(1921); Stockdale v. Hansard (1839) and Ridge v. Baldwin (1964).

Custom:

Custom has been a source of important parts of constitutional law of UK, for example, the royal prerogative and parliamentary privilege. The royal prerogative is now regarded as part of common law. The law and custom of parliament, including parliamentary privilege, is a special kind of customary law. There may still be some customary constitutional laws which have not had occasion to be recognized by the courts but which would be so recognized if the question came before them.

Common Law:

This is law that has been developed and applied by UK courts. Where there is no clear statute law, the courts have to interpret and clarify the law. As no law is so precise that it needs no interpretation, judges are constantly contributing to the constitution. One power that British Judges do have is that to make 'Common Law' in unprecedented situations. Other Judges faced with similar circumstances should follow the previous decision.

Non-legal Sources

Conventions:

These are habits, norms and rules that through long usage have come to be considered binding on those who should abide by the constitution. They are not codified and are not enforced by courts of law, and as such there is no legal action if they are breached. Conventions include individual and collective ministerial responsibility. Conventions may not have the force of law, but breaking them can have political repercussions. For example, if a minister is not willing to resign mistakes done in their department, then the minister's position and power are weakened, they are open to parliamentary and media condemnation, and this can even reflect on the authority of the Prime Minister.

Authoritative Works:

Some famous commentators have, through political and legal texts, become such powerful observers and commentators on the UK constitution that their works have become granted as works of authority on the UK constitution. The most famous examples (all C19th) are: AV Dicey's "An introduction to the Study of the Law of the Constitution", Walter Bagehot's "The English Constitution", Erskine May's "Treatise on the Law, Privileges, Proceedings and Usage of Parliament".

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