Uncodified Constitution

Cards (6)

    • The UK has an uncodified constitution, meaning it is not written in a single document. Instead, it has evolved over time from multiple sources, reflecting laws and traditions.
  • Main sources of the UK Constitution:
    1. Legislation – Laws passed by Parliament, e.g., statute laws like devolution.
    2. Conventions – Traditions and practices in government, like the Ministerial Code.
    3. Common Law or Case Law – Laws developed by judges through court decisions.
    4. European Law – EU laws that influence UK laws.
  • Codified Constitution-
    • A codified constitution is a single written document that outlines political processes.
    • Key Principles:
    1. Authoritative – Defines political institutions and how they function.
    2. Entrenched – Difficult to amend.
    3. Judiciable – Judges interpret the laws based on the constitution.
  • Advantages and Disadvantages of an Uncodified Constitution
    • Advantages:
    • Flexibility for governments to adapt laws.
    • Allows for constitutional changes, e.g., devolution.
    • Enables urgent legislation to address societal changes.
  • Disadvantages:
    • Citizens may not understand the constitution.
    • Risk of controversial laws being passed.
    • Rights of citizens could be undermined by frequent legal changes.
  • Examples of Change-
    • Devolution: Countries like Wales, Scotland, and Northern Ireland now manage some laws independently.
    • EU Membership: EU laws were incorporated into UK law, though this has changed post-Brexit.