1. Introduction:
The British Constitution occupies a unique position in constitutional law. Unlike most modern constitutions, it is not contained in a single authoritative constitutional document. It has developed gradually through centuries of political experience, constitutional struggles, legislation, judicial decisions and conventions. The British Constitution is therefore better described as an uncodified and evolutionary constitution. Its rules are derived from both legal and non-legal sources, including Acts of Parliament, common law, judicial decisions, constitutional conventions and authoritative writings. Its distinctive character lies in the combination of continuity with change: ancient institutions have survived while their powers and functions have continuously adapted to democratic government.
2. Meaning of Constitution:
The term constitution refers to the fundamental principles and rules according to which a State is organized and governed. It determines the structure of government, distributes governmental powers among different institutions and regulates the relationship between the State and its citizens.
Oxford Dictionary:
“A Body of fundamental principles or established precedents according to which a nation or other organization is acknowledged to be governed.”
Thus, a constitution provides the fundamental framework of government and defines the authority, functions and limitations of State institutions.
3. Concept of the British Constitution:
The British Constitution consists of the laws, institutions, judicial principles, political practices and constitutional conventions through which the United Kingdom is governed. It is frequently called an “unwritten constitution,” but the expression is not entirely accurate. A considerable part of the Constitution exists in written form, including the Magna Carta 1215, Bill of Rights 1689, Parliament Acts 1911 and 1949, and Human Rights Act 1998. What distinguishes Britain is that these constitutional rules have not been consolidated into one supreme constitutional document. Therefore, the more accurate description is that the British Constitution is uncodified rather than wholly unwritten.
4. Sources of the British Constitution:
The British Constitution derives its authority from several sources:
I. Statutes
Acts of Parliament constitute an important legal source of the Constitution. Important constitutional statutes include:
Magna Carta 1215
Bill of Rights 1689
Act of Settlement 1701
Parliament Acts 1911 and 1949
Human Rights Act 1998
Constitutional Reform Act 2005
ii. Common Law
Certain constitutional principles developed through the common law rather than legislation. The powers of the Crown, personal liberty and principles governing public authorities have historically been influenced by common-law rules.
iii. Judicial Decisions
Courts interpret constitutional statutes and develop principles concerning the limits and exercise of governmental power. Judicial decisions therefore form an important part of British constitutional law.
iv. Constitutional Conventions
Conventions are non-legal but constitutionally binding political practices. For example, the Monarch normally acts on ministerial advice, and the Prime Minister is ordinarily the person capable of commanding the confidence of the House of Commons.
v. Works of Authority
The writings of distinguished constitutional jurists are used to explain constitutional principles and practices. Important authorities include A.V. Dicey, Walter Bagehot, Erskine May and Ivor Jennings.