The laws, rules and practices in which a stateisgoverned
Constitution
Allows for the setting out of formal relationships between different branches of government (executive, legislative, judicial)
Controls the outline of certainrights for citizens (Bill of Rights)
Codified Constitution
A constitution that is written down in a single document
Uncodified Constitution
A constitution that is not entirely written down in a single place
The UK does not have a single document that we would call a constitution
Codified Constitution
Constitution exists as a higher body of law that cannot simply be amended like a normal law
Laws are entrenched and difficult to change
Uncodified Constitution
No higher laws or entrenched fundamental laws
Constitution is organic, developing and changing with society
The UK has had examples of codified constitutions in the past, such as the Instrument of Government in 1653
Merits of a written/codified constitution
Allows courts to strike down laws that are unconstitutional
Provides greater protection of civil liberties and human rights
Outlines processes for resolving complex constitutional issues
Merits of an uncodified constitution
Allows the constitution to be shaped and changed quickly to address political and legal developments
Helps the judiciary remain apolitical
There is disagreement over whether it is worth labelling some rights as "constitutional rights" to stress their importance
Classifying a right as constitutional can strengthen its value and require the courts to protect it
The principles of constitutionality in the UK are different from countries with a codified constitution
Instrument of Government (1653)
The first written constitution in England, established the Commonwealth of England, and outlined the structure of government.
Act of Settlement (1701)
A statute that addressed the succession to the British crown, providing that the crown would pass to the Electress Sophia of Hanover and her descendants if the then-reigning monarch died without issue.
Parliament of the Commonwealth
The unicameral legislature in the Commonwealth of England, established by the Instrument of Government in 1653, and consisting of a single chamber, the Nominated Assembly.
Council of State
An advisory body to the Lord Protector in the Commonwealth of England, established by the Instrument of Government in 1653, and responsible for exercising some executive functions.
Lord Protector
The head of state and government in the Commonwealth of England, established by the Instrument of Government in 1653, and held by Oliver Cromwell at the time.
Commonwealth of England (1653)
A new form of government established by the Instrument of Government in 1653, characterized by a strong executive and a unicameral legislature, and based on a written constitution.