The British Constitution

A short guide

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A short guide to the constitutional framework of the United Kingdom

The United Kingdom does not have a constitution

The UK has no written constitution. Nor does England have a constitution, neither written nor formulated. The United Kingdom is one of the few countries of the world that does not have a written constitution: it just has what is known as an "uncodified constitution".
Thus the only "British Constitution" that exists is a set of rules and regulations constituted by jurisprudence and laws (English and Scottish law), and by various treaties and international agreements to which the United Kingdom has signed up. This uncodified constitution has largely developed out of historic English law, since many of its founding principles and essential laws go back to charters and bills that were drawn up by the English parliament long before the creation of the United Kingdom.

Although England's parliament, often called "the mother of parliaments" has existed for over seven centuries, the founding document of England's "constitution" is generally considered to be the Magna Carta, or Great Charter of the Liberties of England, which the barons drew up and forced King John to sign in the year 1215. The spirit of this document has guided the evolution of English law over the centuries, as well as inspiring numerous constitutional documents drawn up by other countries, including notably the Constitution of the United States of America, and the Universal Declaration of Human Rights.
Among other landmark bills that have established major new principles in the British Constitution are the English Bill of Rights, passed after the Glorious Revolution of 1689, and the Acts of Union, of 1707, establishing the linking of England and Scotland within a United Kingdom.

Parliament and the constitution

Parliament and Brexit.

The absence of a written constitution caused a major constitutional argument about what a government can do without the consent of Parliament.
Constitutional experts tended to agree that Parliament had to be consulted, and vote, before the Prime Minister could activate Article 50 of the Lisbon Treaty, to take the UK out of the European Union.
However Theresa May and her government thought differently. The Prime Minister did not want a debate, or a vote, in Parliament before Britain left the European Union at the end of the long process of negotiation.
In July 2016, a group of citizens appealed to the High Court to stop the government activating Article 50 without Parliament's consent. On 3rd November, the High Court delivered its verdict. This verdict was confirmed by the Supreme Court on 24th January. Parliament must vote before Article 50 of the Lisbon Treaty could be triggered. It did so.
Nevertheless, Parliament was not bound by the result of the Brexit referendum, which was consultative, not legislative. Before the referendum, three quarters of elected MPs were against Brexit, and until the 2019 General Election, it remained possible that Brexit would not actually take place; Parliament had the power to veto it. In the end, Parliament held up the Brexit process, but could not stop it. While some Conservative MPs rebelled against their party and tried to block it, enough remained loyal to their party to ensure a situation of stalemate (impasse) in Parliament, where MPs could not agree on a way forward. Eventually there was a new General Election in the autumn of 2019, and Boris Johnson secured a majority of 80 , promising to "get Brexit done". With a big Conservative majority, Parliament approved Brexit, and the UK left the European Union on January 31st 2020.
Vetoing Brexit, however, would have been a dangerous step. If Parliament had vetoed a process that was approved (however marginally and on the basis of however many lies) by a popular referendum, it would have sparked a massive constitutional crisis and possibly serious trouble on the streets.
The debates and arguments did not stop when Britain technically left the EU on Jan. 31st 2020. Later in 2020, Johnson proposed a law that would allow the UK to renege on parts of the international agreement signed with the EU concerning Britain's terms of exit from the Union (the Withdrawal Agreement) . Johnson's action was severly criticized by all of Britain's living former Prime Ministers (3 Conservatives, 2 Labour), and by another former leader of the Conservative Party.

Parliament is supreme. It is Parliament, as the representative of the "estates" of the nation - monarchy, aristocracy, church and people - which makes laws. Parliament determines what is the law of the land, and a bill that is passed by Parliament, and signed by the monarch, is by definition constitutional. Nevertheless, Parliament is not above the law, and has to obey the law, as established by previous parliaments in the past.
In the distant past, the Monarch could refuse to sign bills; but today he or she has to sign any bill passed by the two chambers of Parliament.
In past centuries, the Parliament was inspired, and laws were dictated, by the Monarch and the Upper Chamber, known as the House of Lords. Since the 19th century, parliamentary power has been held by the elected members of the Lower House, known as the House of Commons. It is here that the Government of the day introduces and debates most new legislation, and for any new bill to become law, it must be "passed" (accepted) by the House of Commons, as well as by the House of Lords, and finally signed into law by the Monarch.
Legislative programmes are determined by the Government in power, known as "Her (his) Majesty's Government". In theory, the government is appointed by the Monarch; in practice, the monarch no longer has any choice in the matter. He or She appoints as Prime Minister the leader of the political party with a majority in the House of Commons; or, if no party has a majority, the leader of a coalition that has been agreed between party leaders. The Prime Minister then appoints the Ministers of "His/her Majesty's government ". As well as piloting its legislative programme through Parliament, the government can also manage the day-to-day affairs of the nation by using "statutory instruments" to make administrative changes or minor modifications to existing legislation; these are not submitted to Parliament for approval .
The body of legislation passed by the British Parliament accounts for the major part of the nation's uncodified constitution.
Since the British Parliament is supreme, the United Kingdom is a unitary state. It is neither federal nor confederal. While Scotland, Wales and Northern Ireland have their own parliaments or assemblies, with delegated powers, these regional governments are subsidiary to the British Government in London. The British Parliament can, if it chooses to do so, take back any powers delegated to regional assemblies. This does not usually happen, but it can, and it did on more than one occasion, when the London Parliament provisionally suspended the Northern Ireland Assembly (Stormont), on account of its inability to properly manage the affairs of Northern Ireland.

Note: important distinction.

While Parliament cannot act outside the law as it is the supreme maker of law, the government can do so. This was shown in January 2017, when the Supreme Court ruled that the Government's decision to short-circuit parliamentary scrutiny in preparing a Brexit agreement was unconstitutional.

Common Law and the constitution

After Parliament, the other great base of the United Kingdom's uncodified constitution is "Common Law". Great Britain does not have a "penal code" nor a "civil code"; its "Common Law" is the fruit of centuries of jurisprudence, that is based on historic principles of "natural law" (moral law, founded on historically accepted basic principles of right and wrong) . Common Law, though based on the principle of "precedent", can change at any moment, as it is determined by judges; for this reason, it evolves slowly to reflect changes in society and social norms. It cannot evolve in a manner that is in contradiction with social norms or parliamentary law, as any controversial verdict based on common law would be challenged in the courts of appeal.

Other elements of the British Constitution

Finally, there are other elements that serve to define the rights and obligations of the British people. Britain has signed up to numerous international conventions and treaties, which can determine the legality or otherwise of actions or processes, such as marine pollution or human rights. Until Britain left the European Union, European law also applied in the UK, and according to the principle of Primacy included in the charter of the European Union, EU law took precedence over UK law in any event of incompatibility. Today British law does not have to follow European law, but in most cases it does not differ. The UK is also a signatory of the European Convention on Human Ruights, though there are some on the far right of British politics who want to take the UK out of the ECHR.

Church and state

The United Kingdom is not a secular state - at least, not in principle. Ever since the Protestant Reformation in the 16th century, the British Monarch has also been the official supreme governor of the Church of England, the "Defender of the Faith" - fidei defensor. Each coronation takes place at a ceremony at Westminster Abbey, where the new monarch is crowned and blessed by the Primate of the Church of England (the Anglican church), the Archbishop of Canterbury.
In addition, twenty six Anglican bishops sit in the House of Lords.
These aspects are part of the ritual or ceremonial heritage of England. In reality, the Monarch takes no more part in the running of the Church of England, than he or she does in the nation's government. And the Bishops who sit in the House of Lords can only have a marginal influence on debates in the House which, as previously noted, does not have the power to oppose government legislation passed by the House of Commons. Their main function, in the 21st century, is to act as guardians of moral or socially equitable values in the British parliament; this does not mean "conservative" values, as was shown when the UK Parliament was one of the first national parliaments in the world to approve gay marriage.

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Being uncodified, the Constitution of the United Kingdom is in a state of constant flux. Each new law, each new major decision by judges, becomes a new stone in the edifice of the British Constitution. Thus, the British constitution changes all the time, very slowly, often imperceptibly. Britain moves forward by evolution, not by revolution.
Currently, one of the changes being discussed is the modernisation of the House of Lords, to make it at least in part a chamber to which members can be elected. At present, this is not the case. The Cameron government pledged to introduce chages in the life of the present Parliament, but British voters are not very concerned by this issue. It does not arouse much passion on either side of the argument. Ten years later, this has not happened and, it seems unlikely that this "constitutional reform" will be enacted any time soon; few people in the UK think that constitutional reform is is necessary, let alone essential; the UK functions fairly well without a written constitution, and without big changes to the uncodified constitution that it does have. When it comes to change, the Government and the British people have other more important and urgent things to think about.

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The Parliament of the United Kingdom

Its history and function

About-Britain.com - A thematic guide to the UK

Britain's legislative assemblies

Index :

Origins

Role of the sovereign

The House of Lords

The House of Commons

From 2010 to 2024, the British Parliament was controlled by the Conservative Party who, alone or as the major party in a coalition, controlled the House of Commons and formed the government.
Since 2024, it is the Labour Party, under the leadership of prime minister Keir Starmer, that holds a large majority in the House of Commons, and forms the current British government.

The "Palace of Westminster", London, home of the British Parliament

► See also Political parties in Britain

Nicknamed the "Mother of Parliaments" , the British parliament is respected as the most ancient parliament in today's world. Apart from a few brief interruptions , it has carried out its business on the same spot, called the Palace of Westminster, since the year 1265. It was in this year that the Simon de Montfort - an Anglo-Norman baron - convened the first elected parliament of England: the men met at Westminster, which was at the time a village outside the medieval city of London. These elected officials were, of course, lords and barons, not ordinary people, and they were elected by their peers, not by universal suffrage; but each one was there to represent one of the counties or cities in the kingdom of England.

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The idea of a "parliament" was not totally new. Before the Norman Conquest in 1066, the Anglo-Saxon kings ruled their kingdom with the help of a council of elders called the Witan or Witenagemot ; like other early parliaments, the Witan was made up of nobles and men of the church. They chose the next king , and advised the sovereign, but had no real power in terms of government. After the Norman Conquest , William the Conqueror and his successors relied on their system of barons and territorial councils to govern the country; this was the basis of the Anglo-Norman feudal system.
     The English Parliament operated fairly steadily for four centuries, acting as a counterweight to the power of the king, and it did so until the seventeenth century. From the 14th century, Parliament consisted of two chambers, the House of Lords (the "upper" house) and the House of Commons (the "lower" house) . But in the middle of the 17th century , King Charles 1st precipitated the English Civil War - the English Revolution - by trying to rule without Parliament. The Civil War opposed the Royalist forces and the Parliamentary forces, under the command of Oliver Cromwell; it ended in the victory of the Parliamentarians . From then on, the English Parliament was firmly established as an essential force in the running of the country.
In 1660 Parliament declared the restoration of the monarchy and established a system of parliamentary monarchy. Parliament's power was however quickly put to the test, and in 1688 Parliament deposed King James II and invited Dutch prince William of Orange to take the crown of England. The success of the "Glorious Revolution" confirmed the role of the English Parliament, a role that was constitutionally defined the following year by the signing of the Deed of Rights or Bill of Rights , one of the major constitutional acts of the United Kingdom. This Bill (new law) formally established the role of parliament and the limits of royal power.
    This was the beginning of the modern parliament, with its system of political parties. In 1707 , following the Act of Union between England and Scotland, the English Parliament, based in London, became the British Parliament.
    During the 19th century, parliamentary power became increasingly concentrated in the hands of the House of Commons; at the beginning of the century, most Prime Ministers came from the House of Lords (Lords North and Liverpool, the Duke of Wellington); but by the end of the century, the British government was largely in the hands of Prime Ministers chosen from elected members of the House of Commons; these included Gladstone and Disraeli. The last Government led by a Lord was that of the Marquis of Salisbury from 1898 to 1902. Since then (1), all Prime Ministers have sat in the House of Commons .
    In 1911, the Parliament formally confirmed the supremacy of the House of Commons; from then on, the Lords could not block bills made by the Government in the House of Commons , and could not even delay budget and tax measures. The 1911 Act was amended in 1949.

Structure and Functioning of the British Parliament today

Britain is a parliamentary monarchy . The British Parliament is a bicameral parliament , that is to say that it is made up of two chambers, or two "Houses"; above the two Houses, but in an essentially formal role , there is the Sovereign - king or queen - also known as "the crown."

Role of the Sovereign

The state opening of Parliament

    The British monarch has all authority, but no power. The Sovereign appoints the Prime Minister, and every year opens the sessions of parliament, in a historical and ritual ceremony called the State Opening of Parliament . Historically, this ceremony used to take place in the Autumn; but since 2012, it has been brought forward to May. This is the only regular time when the members of both Houses come together. During the ceremony, the Sovereign reads out the government's intended programme. The "King 's Speech" is a summary of the programme "his" government intends to implement in the next twelve months; but the speech is prepared and written by the Prime Minister's office, not by the monarch.
    The second major function of the sovereign is to sign new laws passed by Parliament. A bill does not become law, or an Act of Parliament, until it has " received royal assent ", meaning that it has been been signed by the Sovereign.
    The last major function of the Sovereign - in the parliamentary context - is his or her weekly meeting with the Prime Minister. By tradition, the latter informs the Sovereign, who is head of state, about important affairs of state and government business, and asks the sovereign for his or her opinion. With over 60 years of experience, Queen Elizabeth II had acquired great experience in managing affairs of state, and an unparalleled experience of international relations, and was an experienced adviser, well liked by her Prime Ministers of all political persuasions . King Charles III, who often stood in for his mother in the later years of her life, also has experience.

The House of Lords

This is the "Upper House" of the British Parliament . It consists of about 750 members (a variable number ) most of whom are Life Peers (i.e. not hereditary lords), or people who have been ennobled for services rendered to the nation. These Life Peers are mostly former members of the House of Commons, or former senior officials, judges, or former business leaders or trade union leaders: each government and opposition party has the right, each year, to propose new Life peers .
   The other members of the House of Lords are 92 hereditary peers from the "nobility" of the United Kingdom, and 26 Bishops of the Anglican Church.
   As mentioned above, the House of Lords can not block bills proposed by the Government in the House of Commons, and can only delay some bills . It is rare that the House of Lords use of this prerogative, other than in exceptional cases; for the Lords to act against the wishes of an elected government would be constitutionally unacceptable. Thus, almost all the bills from the House of Commons are approved quickly by the Lords, and returned for a "second reading" with some proposals for modifications or improvements. It is up to the House of Commons to accept or reject these proposals.
   The essential role of the House of Lords is to discuss non controversial subjects, or examine in detail projects for which the House of Commons does not have time. Given the experience of the Life Peers who sit in the House of Lords, the Upper House is an assembly of well experienced former politicians , and is well suited to its parliamentary duties, even if its members are not elected representatives.
   In 2012, the Cameron Government proposed to change the status of the House of Lords, making it into a largely elected chamber : but the proposal did not terribly interest the British public, and nothing has yet changed. Some changes may nevertheless be brought in in the coming years, as there is a lot of dissatisfaction at the number of peerages handed out by recent governments, particularly that of Boris Johnson, to friends and financial backers. Reform of the House of Lords, with the aim of removing the final hereditary peers, is a project that has been proposed, but not yet undertaken. Any constitutional change of this importancce would require a lot of time, and current British governments have other priorities – especially since opinion polls regularly show that "reforming the House of Lords" is not seen as important by many people in the U.K.

The House of Commons

The House of Commons is the main House of the British Parliament in terms of legislative power. It is a chamber composed of 650 members (Members of Parliament or MPs ) elected by universal suffrage. The life of a Parliament is five years.
   According to an ancient tradition, MPs are elected by universal suffrage under a system of relative majority, in one round of voting, a system commonly referred to as "first past the post" or FPTP. This means that the candidate with the most votes in an election is elected, whether or not he or she has an absolute majority of votes. This system has traditionally favoured the major political parties, and stable governments - at the expense of smaller parties. The Labour Party has long been committed, in theory, to replacing FPTP by some form of proportional representation; but having largely benefited, like the Conservatives, from this system, has never got round to making any change. However since 2024, with the dramatic rise of the far-right Reform Party, and the prospect that under FTPT Reform could win an absolute majority of seats in the House of Commons in the next General Election, scheduled for 2029, calls for a change in the voting system have been growing louder.
    Elected Members of Parliament do not have a deputy, so in the event of the death, resignation or removal of an MP, a "by-election" must be called in order to elect a new MP. Each MP represents a territory, or constituency: the link between an MP and his or her constituency is symbolically and historically very important , and in the House of Commons, Members are not called by their name, but by the name of the constituency from which they have been elected ( or, if they are government ministers, by their function) .

    Since 1902 , the British Prime Minister has always been a serving Member of Parliament, elected to the House of Commons; and most ministers - often all ministers - are members of the House of Commons too. The Government is formed by the party (or from 2010 to 2015, for example, by the coalition of parties) that has a majority of seats in the House of Commons. Members of the Government sit in the front row of benches in the House of Commons (called the Front Bench ), directly opposite the leaders of the Opposition .
    The chairman of the House of Commons is known as the "Speaker", and he or she presides over each parliamentary session, deciding who can speak.
    A significant aspect of the House of Commons is the importance given to the Parliamentary Opposition . It is structured with an official Leader (The Leader of the Opposition ) and a "shadow cabinet ", consisting of spokesmen for the Opposition each with an official portfolio corresponding to that of a government minister.
    Most of the time the debates in the House of Commons are devoted to projects of government legislation . Most bills are put formard by the government ministers. However, some time is given to bills tabled by individual MPs (known as Private Members' bills), or to bills tabled by the opposition (known as Opposition motions) . In each session of Parliament, the opposition has 20 days during which it may propose legislation and determine the agenda of the House.
   Private Members Bills Bills and Opposition motions may be adopted by the House of Commons, but they must also be approved by the Government, given that the Government has a majority of votes. Thus, new laws can effectively be proposed by the Opposition, and can be accepted by Parliament. This can happen especially if the motion concerns a consensual or non-controversial political project, or even a question for which MPs' will vote according to their "moral convictions", rather than the politics of their party. In such cases, governments traditionally allows members the freedom to vote according to their conscience. Two important examples of Private Members Bills have been passed by Parliament are the law to abolish the death penalty (Murder Act of 1965 ), and the law authorizing abortion (1967).
During much of 2018 and 2019, business of the government was regularly blocked by the House of Commons which could not provide the required majority support for Theresa May's minority government's proposals concerning Brexit.

Territoriality

The British Parliament is both Parliament of England and Parliament of the United Kingdom. It is sovereign (see Constitution). Parliament has delegated some of its powers to the regional parliaments or assemblies of Scotland, Northern Ireland and Wales .

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► The Congress of the United States

Note:
1. In 1963, the Conservatives appointed to the post of Prime Minister a member of the House of Lords, Earl Home. Home immediately renounced his title, and was elected in a by-election to the House of Commons.

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Sir Keir Starmer, British Prime Minister since 2024

Debate in the House of commons - showing Ed Miliband, former leader of the Labour party (the Opposition)

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