The nature of sources

• The uk constitution is said to be uncodified as, unlike in the US, it isnt written down in a single document.
• Unlike in the US, where it is very difficult to change the constiution (requiring supermajorities from different bodies), the UK constitution can be changed with a simple majority in parliament.
• The british constitution has always been said to be unitary because power was centralised in just one place, the UK parliament, which was sovereign.
• Some argue the UK constitution is still unitary as the UK parliament has handed power to the devolved bodies but can also take it away when they want and therefore retains legal sovereignty.
• Others argue the UK constitution is no longer unitary and Britain is now a 'union state' or quasi federal state becuase the power has been permanently devolved and it would be difficult to revoke.
• A.V dicey was a key constitutional theorist in 1885 he argued that the two key pillars underpinning the uk constitution were parliamentary sovereignty and the rule of law.
• Parliamentary sovereignty refers to the fact the UK parliament is sovereign within the UK constitution.

  • It is the key law making and amending body in Britain.
  • It can make laws on any subject, including making changes to the constitution.
  • It cannot bind its successors nor be bound by its predecessors
  • No law, including constitution laws, can be entrenched
  • No court or higher body, including the supreme court, can strike down a law passed by parliament.
• The rule of law

  • Nobody is above the law and everyone must obey it. This applied to all people and bodies, including politicians, judges and government officials, who are not above the law
  • The law is therefore treats everyone as equal.
  • Judges must be unbias
• The westminster model

  • The westminster model is used to describe as a form of constituiton and government based on the british political system, it includes the following elements:
  • Parliamentary sovereignty
  • Fusion of power from executive and the legislature
  • member of parliaments are held accountable for their acctions
  • Political power is centralised.