4 The UK’s constitutional arrangements
Having considered the characteristics of the UK’s constitution you now consider some of the underpinning principles of the UK’s constitution.
The UK’s constitution can be thought of as a building with a number of columns.
As illustrated by Figure 12 the UK’s constitution can be thought of as a building with a number of columns. Listen to the following audio which explores the UK’s constitutional arrangements as illustrated by Figure 12.
Download this audio clip.Audio player: boc_wxm151_1_audio_week2_ukconstitution.mp3
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INSTRUCTOR
The UK’s constitution is unwritten and uncodified. It can be likened to a building with the columns, roof and base representing different aspects of the constitution. There are six aspects, and we’ll look at the ones represented by the columns first.
Parliamentary sovereignty. The UK’s supreme lawmaking body is the UK Parliament. Parliamentary sovereignty forms one of the essential pillars of the UK’s constitutional framework. The UK Parliament and the legislature as a branch is the most powerful institution within the UK’s constitutional framework.
In theory, the UK Parliament can make and unmake any law. However, as both the UK Parliament and Scottish Parliaments are accountable to the electorate, ultimate sovereignty actually belongs to the citizens as the electorate.
Separation of powers. In the UK’s constitution, there is a separation of three powers: executive, legislative and judiciary. The executive relates to those state institutions that apply the law. It is formed of the government and its elements. The legislative, as the lawmaking branch, refers to Parliament as a sovereign lawmaking body. The judiciary includes the complex system of courts.
At first glance, this categorisation seems straightforward. The executive relates to the government, meaning the Prime Minister or First Minister, cabinet, and other ministers. However, the executive also includes the civil service, police forces and local authorities.
The executive is seen as democratically legitimised government, as it is formed in a democratic way, influenced by the voice of the citizens. Government is formed by the party which has won the most seats in Parliament or by a coalition of two or more political parties.
Although the executive, legislature and judiciary are viewed as being separate from each other, there are also links between them. For example, both the UK and Scottish governments set the policies. In order to give effect to those policies, they instigate legislation.
The UK government proposes legislation to the UK Parliament. The Scottish government proposes legislation to the Scottish Parliament. In this way, the executive influences the legislative branch.
Rule of law. The rule of law is regarded as a fundamental principle which underpins the UK’s constitution. There are a number of definitions. The World Justice Project has developed four universal principles of the rule of law. These have been tested and refined in consultation with a wide variety of experts worldwide.
Number one, the government and its officials and agents, as well as individuals and private entities, are accountable under the law. Number two, that laws are clear, publicised, stable, and just, are applied evenly, and protect fundamental rights, including the security of persons and property and certain core human rights.
Three, that the process by which the laws are enacted, administered and enforced is accessible, fair and efficient. Four, that justice is delivered timely by competent, ethical, and independent representatives and neutrals who are of sufficient number, have adequate resources, and reflect the makeup of the communities they serve.
Prerogative powers. Royal prerogative powers were powers traditionally exercised by the monarch alone. As the power of the monarch gradually diminished and the power of Parliament grew, governments representing the majority political party in Parliament began to exercise these powers.
Many prerogative powers are now exercised by the UK government in the name of the monarch. This means that although they are still royal powers and will always remain with the monarch, the exercise of the power is by a democratically-elected government. Examples of prerogative powers relating to foreign affairs are the power to declare war, to declare peace, and the power to become part of treaties.
Constitutional statutes. The written part of the UK’s constitution is formed by constitutional statutes. These are seen as the legal sources of the UK’s constitution. They are acts of the UK Parliament.
It is, however, very rare for an act to be recognised as a constitutional statute. There have been around 25 in the past 500 years. Constitutional statutes tend not to be repealed. They are much more difficult to amend, as they have a wider and significant impact on the UK’s constitution.
Referendums are often held to gauge support for constitutional change. Governments tend to want to involve the electorate directly in such changes, for example, the EU referendum, which was UK-wide, the referendum on Scottish independence, which was limited to Scotland, and greater powers for the Welsh Assembly, which was limited to Wales.
These examples also illustrate the caution with which any constitutional statute is treated. They are fundamental and help form the structure of the UK constitution. In the building metaphor, constitutional statutes are shown as foundational, as they form the written element of the constitution, which is produced by the supreme lawmaking body.
Constitutional conventions. Constitutional conventions represent traditional expectations created by informal rules of behaviour and rules of administration developed over the centuries. They are unwritten, as no one has felt the need to write them down. They are seen as nonlegal sources of the UK’s constitution.
Returning to the image of the UK’s constitution, constitutional conventions can be seen as the counterpart to constitutional statutes. Constitutional statutes and conventions form an essential part of the UK’s constitutional framework, so conventions have been added as the roof of the building.
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