The UK’s constitution is regarded as monarchical. The monarch still has political and legal influence on the state. The monarch is the Head of State, although the government exercises (uses) most of the powers. Since 1689 the powers of the monarch have been diminishing and they now only exist in theory.
The royal prerogative has its roots in history, from a time when the monarch had absolute power. Over time this diminished as the Parliament at Westminster (UK Parliament) gained more powers. Nowadays the royal prerogative is mostly used by the UK government. This power relates to:

• The legislature – the granting of royal assent to Bills
• The judicial system – pardoning of convicted offenders or remitting or reducing sentences
• Foreign affairs – the making of treaties; the declaration of war
• Armed forces – the sovereign is commander-in-chief of the armed forces
• Appointments and honours – appointment of ministers; creation of peers and conferring of honours and decorations
• In times of emergency – requisitioning of ships (where compensation would be payable)

While the prerogative power is now generally exercised by the government, there are some prerogative powers (recognised under common law) which remain with the Crown.
These are as follows:

• The appointment of a Prime Minister. The sovereign must appoint the person who is in the best position to receive the support of the majority in the House of Commons. This is generally the leader of the political party with the majority of members in the House of Commons.
• The giving of royal assent to legislation. In 1708 Queen Anne became the last monarch to refuse royal assent to a Bill passed by the Westminster Parliament. Additionally, no monarchs since the sixteenth century have signed Bills themselves and Queen Victoria was the last to give royal assent in person in 1854.

The royal prerogative is seen as a legal source of the UK’s constitution as it forms part of common law.

The UK Parliament has no influence on the exercise of these powers but is able to influence political developments in the UK (domestic affairs) and abroad (foreign affairs).

Examples already mentioned of royal prerogative powers relating to foreign affairs are the power to declare war and to declare peace and the power to become part of treaties. At a national level the powers are used to pardon offenders and appoint ministers.

The UK is regarded as having a unitary constitution. The national legislature (Westminster Parliament) can legislate for any part of the UK (England, Wales, Scotland, and Northern Ireland). A unitary constitution is ‘supreme’ as the national legislature can alter the powers of subordinate legislatures. In the UK the Westminster Parliament passed the legislation that created the ‘subordinate’ legislatures: the National Assembly of Wales, the Scottish Parliament, and the Northern Ireland Assembly.

Some constitutions, such as the French and American constitutions, began with a constitution that was written in one cohesive document. This document was then developed with additions to reflect the changing nature of the societies of these countries.
The UK’s constitution has developed over a number of centuries. It is generally recognised as having begun to develop in 1215 with the Magna Carta. Other key events that have followed include the Union with Wales (1535–1542), the Bill of Rights 1689, the Union with Scotland in 1706, the Reform Act 1928, the European Communities Act 1972, and the Human Rights Act 1998, the Scotland Act 1998, the Government of Wales Act 1998, the Northern Ireland Act 1998. You will explore the most recent of these later in the module. They are written documents but they are also supplemented by a number of unwritten conventions. The constitution of the UK has been developed on a piecemeal basis and is not contained in one complete document. Indeed, the constitution of the UK is uncodified.
The constitution of the UK is also largely unwritten as a number of key aspects are not contained in any Act of Parliament. The constitution is formed by the following elements.

• Constitutional statutes

The main written part of this constitution is formed by constitutional statutes. Examples such as the Magna Carta 1215 and the European Communities Act 1972 have already been mentioned. These are seen as legal sources of the UK’s constitution.

• Constitutional conventions

These are unwritten. They are seen as equivalent to constitutional statutes. Constitutional conventions are, in effect, traditional expectations created by informal rules of behaviour and rules of administration which have developed over the centuries. They are unwritten as no one felt the need to write them down. They have functioned well even though, because they were unwritten, they could not be enforced through the court system. They are seen as non-legal sources of the UK’s constitution.
Conventions, however, cannot be amended through a legislative process. They are mainly unwritten and change gradually over time as change itself becomes accepted. Conventions evolve over time. For example, if the electorate were to decide that the Prime Minister no longer has to be a member of the main political party in the House of Commons (a current constitutional convention), this constitutional convention would change because of the acceptance by the electorate of that fact. In this way the UK’s constitution can adapt to changes in society and evolve in response to those changes.

Generally, there are strict and precise rules as to how a national parliament can alter or reform the constitutional framework. Most states have a written document and look to it as the highest source of law, rights and power. For example, the constitution of the United States is regarded as the supreme law of the United States. To amend any aspect of the written document setting out the constitutional framework would require a compelling reason. There are normally rules in place to make the process of amendment slow. These allow time for reflection and recognise the important impact that any change may have. This creates an impression that the constitution is very static.

The UK’s constitution, however, is different. It is regarded as stable but also flexible as it is mainly unwritten. However, most of the constitutional statutes would be difficult to amend and it would be Parliament that decide when and how to do so.