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The constitution of the United Kingdom comprises the written and unwritten arrangements that establish the
United Kingdom of Great Britain and Northern Ireland The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...
as a political body. Unlike in most countries, no official attempt has been made to codify such arrangements into a single document, thus it is known as an uncodified constitution. This enables the constitution to be easily changed as no provisions are formally entrenched. The Supreme Court of the United Kingdom and its predecessor, the Appellate Committee of the House of Lords, have recognised and affirmed constitutional principles such as parliamentary sovereignty, the
rule of law The essence of the rule of law is that all people and institutions within a Body politic, political body are subject to the same laws. This concept is sometimes stated simply as "no one is above the law" or "all are equal before the law". Acco ...
,
democracy Democracy (from , ''dēmos'' 'people' and ''kratos'' 'rule') is a form of government in which political power is vested in the people or the population of a state. Under a minimalist definition of democracy, rulers are elected through competitiv ...
, and upholding
international law International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generall ...
. It also recognises that some Acts of Parliament have special constitutional status. These include
Magna Carta (Medieval Latin for "Great Charter"), sometimes spelled Magna Charta, is a royal charter of rights agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215. First drafted by the Archbishop of Canterbury, Cardin ...
, which in 1215 required the King to call a "common counsel" (now called
Parliament In modern politics and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
) to represent the people, to hold courts in a fixed place, to guarantee fair trials, to guarantee free movement of people, to free the church from the state, and to guarantee rights of "common" people to use the land. After the
Glorious Revolution The Glorious Revolution, also known as the Revolution of 1688, was the deposition of James II and VII, James II and VII in November 1688. He was replaced by his daughter Mary II, Mary II and her Dutch husband, William III of Orange ...
, the
Bill of Rights 1689 The Bill of Rights 1689 (sometimes known as the Bill of Rights 1688) is an Act of Parliament (United Kingdom), act of the Parliament of England that set out certain basic civil rights and changed the succession to the Monarchy of England, Engl ...
and the Claim of Right Act 1689 cemented Parliament's position as the supreme law-making body, and said that the "election of members of Parliament ought to be free". The Treaty of Union in 1706 and the
Acts of Union 1707 The Acts of Union refer to two acts of Parliament, one by the Parliament of Scotland in March 1707, followed shortly thereafter by an equivalent act of the Parliament of England. They put into effect the international Treaty of Union agree ...
united the Kingdoms of
England England is a Countries of the United Kingdom, country that is part of the United Kingdom. It is located on the island of Great Britain, of which it covers about 62%, and List of islands of England, more than 100 smaller adjacent islands. It ...
, Wales and
Scotland Scotland is a Countries of the United Kingdom, country that is part of the United Kingdom. It contains nearly one-third of the United Kingdom's land area, consisting of the northern part of the island of Great Britain and more than 790 adjac ...
, the Acts of Union 1800 joined Ireland, but the
Irish Free State The Irish Free State (6 December 192229 December 1937), also known by its Irish-language, Irish name ( , ), was a State (polity), state established in December 1922 under the Anglo-Irish Treaty of December 1921. The treaty ended the three-ye ...
separated after the Anglo-Irish Treaty in 1922, leaving Northern Ireland within the UK. After struggles for
universal suffrage Universal suffrage or universal franchise ensures the right to vote for as many people bound by a government's laws as possible, as supported by the " one person, one vote" principle. For many, the term universal suffrage assumes the exclusion ...
, the UK guaranteed every adult citizen over 21 years the equal right to vote in the
Representation of the People (Equal Franchise) Act 1928 The Representation of the People (Equal Franchise) Act 1928 ( 18 & 19 Geo. 5. c. 12) was an act of the Parliament of the United Kingdom. This act expanded on the Representation of the People Act 1918 ( 7 & 8 Geo. 5. c. 64) which had given som ...
. After World War II, the UK became a founding member of the
Council of Europe The Council of Europe (CoE; , CdE) is an international organisation with the goal of upholding human rights, democracy and the Law in Europe, rule of law in Europe. Founded in 1949, it is Europe's oldest intergovernmental organisation, represe ...
to uphold human rights, and the
United Nations The United Nations (UN) is the Earth, global intergovernmental organization established by the signing of the Charter of the United Nations, UN Charter on 26 June 1945 with the stated purpose of maintaining international peace and internationa ...
to guarantee international peace and security. The UK was a member of the
European Union The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are Geography of the European Union, located primarily in Europe. The u ...
, joining its predecessor in 1973, but left in 2020. The UK is also a founding member of the
International Labour Organization The International Labour Organization (ILO) is a United Nations agency whose mandate is to advance social and economic justice by setting international labour standards. Founded in October 1919 under the League of Nations, it is one of the firs ...
and the
World Trade Organization The World Trade Organization (WTO) is an intergovernmental organization headquartered in Geneva, Switzerland that regulates and facilitates international trade. Governments use the organization to establish, revise, and enforce the rules that g ...
to participate in regulating the global economy. The leading institutions in the United Kingdom's constitution are Parliament, the judiciary, the executive, and regional and local governments, including the devolved legislatures and executives of Scotland, Wales, and Northern Ireland. Parliament is the supreme law-making body, and represents the people of the United Kingdom. The
House of Commons The House of Commons is the name for the elected lower house of the Bicameralism, bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of ...
is elected by a democratic vote in the country's 650 constituencies. The
House of Lords The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest ext ...
is mostly appointed by cross-political party groups from the House of Commons, and can delay but not block legislation from the Commons. To make a new Act of Parliament, the highest form of law, both Houses must read, amend, or approve proposed legislation three times and the monarch must give consent. The judiciary interprets the law found in Acts of Parliament and develops the law established by previous cases. The highest court is the twelve-person Supreme Court, as it decides appeals from the Courts of Appeal in England, Wales, and
Northern Ireland Northern Ireland ( ; ) is a Countries of the United Kingdom, part of the United Kingdom in the north-east of the island of Ireland. It has been #Descriptions, variously described as a country, province or region. Northern Ireland shares Repub ...
, or the
Court of Session The Court of Session is the highest national court of Scotland in relation to Civil law (common law), civil cases. The court was established in 1532 to take on the judicial functions of the royal council. Its jurisdiction overlapped with othe ...
in Scotland. UK courts cannot decide that Acts of Parliament are unconstitutional or invalidate them, but can declare that they are incompatible with the
European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is a Supranational law, supranational convention to protect human rights and political freedoms in Europe. Draf ...
. They can determine whether the acts of the executive are lawful. The executive is led by the
prime minister A prime minister or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. A prime minister is not the head of state, but r ...
, who must maintain the confidence of a majority of the members of the House of Commons. The prime minister appoints the cabinet of other ministers, who lead the executive departments, staffed by civil servants, such as the Department of Health and Social Care which runs the
National Health Service The National Health Service (NHS) is the term for the publicly funded health care, publicly funded healthcare systems of the United Kingdom: the National Health Service (England), NHS Scotland, NHS Wales, and Health and Social Care (Northern ...
, or the
Department for Education The Department for Education (DfE) is a Departments of the Government of the United Kingdom, ministerial department of the Government of the United Kingdom. It is responsible for child protection, child services, education in England, educati ...
which funds schools and universities. The
monarch A monarch () is a head of stateWebster's II New College Dictionary. "Monarch". Houghton Mifflin. Boston. 2001. p. 707. Life tenure, for life or until abdication, and therefore the head of state of a monarchy. A monarch may exercise the highest ...
in their public capacity, known as the Crown, embodies the state. Laws can only be made by or with the authority of the Crown in Parliament, all judges sit in place of the Crown and all ministers act in the name of the Crown. The monarch is for the most part a ceremonial figurehead and has not refused assent to any new law since the Scottish Militia Bill in 1708. The monarch is bound by constitutional convention. Most constitutional questions arise in
judicial review Judicial review is a process under which a government's executive, legislative, or administrative actions are subject to review by the judiciary. In a judicial review, a court may invalidate laws, acts, or governmental actions that are in ...
applications, to decide whether the decisions or acts of public bodies are lawful. Every public body can only act in accordance with the law, laid down in Acts of Parliament and the decisions of the courts. Under the
Human Rights Act 1998 The Human Rights Act 1998 (c. 42) is an Act of Parliament (United Kingdom), Act of Parliament of the United Kingdom which received royal assent on 9 November 1998, and came into force on 2 October 2000. Its aim was to incorporate into UK law the ...
, courts may review government action to decide whether the government has followed the statutory obligation on all public authorities to comply with the
European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is a Supranational law, supranational convention to protect human rights and political freedoms in Europe. Draf ...
. Convention rights include everyone's rights to life,
liberty Liberty is the state of being free within society from oppressive restrictions imposed by authority on one's way of life, behavior, or political views. The concept of liberty can vary depending on perspective and context. In the Constitutional ...
against arbitrary arrest or detention,
torture Torture is the deliberate infliction of severe pain or suffering on a person for reasons including corporal punishment, punishment, forced confession, extracting a confession, interrogational torture, interrogation for information, or intimid ...
, and forced labour or slavery, to a fair trial, to privacy against unlawful surveillance, to freedom of expression, conscience and religion, to respect for private life, to freedom of association including joining
trade union A trade union (British English) or labor union (American English), often simply referred to as a union, is an organization of workers whose purpose is to maintain or improve the conditions of their employment, such as attaining better wages ...
s, and to freedom of assembly and protest.


Principles

Although the British constitution is not codified, the Supreme Court recognises constitutional principles, and constitutional statutes, which shape the use of political power. There are at least four main constitutional principles recognised by the courts. First, parliamentary sovereignty means that Acts of Parliament are the supreme source of law. Through the
English Reformation The English Reformation began in 16th-century England when the Church of England broke away first from the authority of the pope and bishops Oath_of_Supremacy, over the King and then from some doctrines and practices of the Catholic Church ...
, the
Civil War A civil war is a war between organized groups within the same Sovereign state, state (or country). The aim of one side may be to take control of the country or a region, to achieve independence for a region, or to change government policies.J ...
, the
Glorious Revolution of 1688 The Glorious Revolution, also known as the Revolution of 1688, was the deposition of James II and VII, James II and VII in November 1688. He was replaced by his daughter Mary II, Mary II and her Dutch husband, William III of Orange ...
and the
Acts of Union 1707 The Acts of Union refer to two acts of Parliament, one by the Parliament of Scotland in March 1707, followed shortly thereafter by an equivalent act of the Parliament of England. They put into effect the international Treaty of Union agree ...
, Parliament became the dominant branch of the state, above the judiciary, executive, monarchy, and church. Parliament can make or unmake any law, a fact that is usually justified by Parliament being democratically elected, and upholding the
rule of law The essence of the rule of law is that all people and institutions within a Body politic, political body are subject to the same laws. This concept is sometimes stated simply as "no one is above the law" or "all are equal before the law". Acco ...
, including human rights and international law. Second, the rule of law has run through the constitution as a fundamental principle from the earliest times as "The king must enbsp;... under the law, because the law makes the king" ( Henry de Bracton in the 13th century). This principle was recognised in
Magna Carta (Medieval Latin for "Great Charter"), sometimes spelled Magna Charta, is a royal charter of rights agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215. First drafted by the Archbishop of Canterbury, Cardin ...
and the Petition of Right 1628. This means the government may only conduct itself according to legal authority, including respect for human rights. Third, at least since 1928, elections in which all capable adults participate have become a fundamental constitutional principle. Originally only wealthy, property-owning men held rights to vote for the
House of Commons The House of Commons is the name for the elected lower house of the Bicameralism, bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of ...
, while the monarch, occasionally together with a hereditary
House of Lords The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest ext ...
, dominated politics. From 1832 onwards, adult citizens slowly obtained the right to
universal suffrage Universal suffrage or universal franchise ensures the right to vote for as many people bound by a government's laws as possible, as supported by the " one person, one vote" principle. For many, the term universal suffrage assumes the exclusion ...
. Fourth, the British constitution is bound to international law, as Parliament has chosen to increase its practical power in cooperation with other countries in international organisations, such as the
International Labour Organization The International Labour Organization (ILO) is a United Nations agency whose mandate is to advance social and economic justice by setting international labour standards. Founded in October 1919 under the League of Nations, it is one of the firs ...
, the
United Nations The United Nations (UN) is the Earth, global intergovernmental organization established by the signing of the Charter of the United Nations, UN Charter on 26 June 1945 with the stated purpose of maintaining international peace and internationa ...
, the
European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is a Supranational law, supranational convention to protect human rights and political freedoms in Europe. Draf ...
, the
World Trade Organization The World Trade Organization (WTO) is an intergovernmental organization headquartered in Geneva, Switzerland that regulates and facilitates international trade. Governments use the organization to establish, revise, and enforce the rules that g ...
, and the
International Criminal Court The International Criminal Court (ICC) is an intergovernmental organization and International court, international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute ...
. However, the UK left membership of the
European Union The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are Geography of the European Union, located primarily in Europe. The u ...
in 2020 after a
referendum A referendum, plebiscite, or ballot measure is a Direct democracy, direct vote by the Constituency, electorate (rather than their Representative democracy, representatives) on a proposal, law, or political issue. A referendum may be either bin ...
in 2016.


Parliamentary sovereignty

Parliamentary sovereignty is often seen as a central element in the British constitution, although its extent is contested. It means that an Act of Parliament is the highest form of law, but also that "Parliament cannot bind itself". Historically, Parliament became sovereign through a series of power struggles between the monarch, the church, the courts, and the people.
Magna Carta (Medieval Latin for "Great Charter"), sometimes spelled Magna Charta, is a royal charter of rights agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215. First drafted by the Archbishop of Canterbury, Cardin ...
in 1215, which came from the conflict leading to the
First Barons' War The First Barons' War (1215–1217) was a civil war in the Kingdom of England in which a group of rebellious major landowners (commonly referred to as English feudal barony, barons) led by Robert Fitzwalter waged war against John of England, K ...
, granted the right of Parliament to exist for "common counsel" before any tax, against the " divine right of kings" to rule. Common land was guaranteed to people to farm, graze, hunt or fish, though aristocrats continued to dominate politics. In the Act of Supremacy 1534,
King Henry VIII Henry VIII (28 June 149128 January 1547) was King of England from 22 April 1509 until his death in 1547. Henry is known for his six marriages and his efforts to have his first marriage (to Catherine of Aragon) annulled. His disagreement w ...
asserted his divine right over the
Catholic Church The Catholic Church (), also known as the Roman Catholic Church, is the List of Christian denominations by number of members, largest Christian church, with 1.27 to 1.41 billion baptized Catholics Catholic Church by country, worldwid ...
in Rome, declaring himself the supreme leader of the
Church of England The Church of England (C of E) is the State religion#State churches, established List of Christian denominations, Christian church in England and the Crown Dependencies. It is the mother church of the Anglicanism, Anglican Christian tradition, ...
. Then in the '' Earl of Oxford's case'' in 1615, the
Lord Chancellor The Lord Chancellor, formally titled Lord High Chancellor of Great Britain, is a senior minister of the Crown within the Government of the United Kingdom. The lord chancellor is the minister of justice for England and Wales and the highest-ra ...
(both the King's representative and head of the
judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
) asserted the supremacy of the
Court of Chancery The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid a slow pace of change and possible harshness (or "inequity") of the Common law#History, common law. The Chancery had jurisdiction over ...
over the common law courts, contradicting Sir
Edward Coke Sir Edward Coke ( , formerly ; 1 February 1552 – 3 September 1634) was an English barrister, judge, and politician. He is often considered the greatest jurist of the Elizabethan era, Elizabethan and Jacobean era, Jacobean eras. Born into a ...
's assertion that judges could declare statutes void if they went "against common right and reason". After the
Glorious Revolution The Glorious Revolution, also known as the Revolution of 1688, was the deposition of James II and VII, James II and VII in November 1688. He was replaced by his daughter Mary II, Mary II and her Dutch husband, William III of Orange ...
of 1688, the
Bill of Rights 1689 The Bill of Rights 1689 (sometimes known as the Bill of Rights 1688) is an Act of Parliament (United Kingdom), act of the Parliament of England that set out certain basic civil rights and changed the succession to the Monarchy of England, Engl ...
cemented Parliament's power over the monarch, and therefore over the church and courts. Parliament became "
sovereign ''Sovereign'' is a title that can be applied to the highest leader in various categories. The word is borrowed from Old French , which is ultimately derived from the Latin">-4; we might wonder whether there's a point at which it's appropriate to ...
", and supreme. 18 years later however, the English Parliament abolished itself in order to create the new Parliament following on the Treaty of Union between England and Scotland, while the Scottish Parliament did likewise. Power struggles within Parliament continued between the aristocracy and common people. Outside Parliament, people from the Chartists to the
trade unions A trade union (British English) or labor union (American English), often simply referred to as a union, is an organization of workers whose purpose is to maintain or improve the conditions of their employment, such as attaining better wages ...
fought for the vote in the
House of Commons The House of Commons is the name for the elected lower house of the Bicameralism, bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of ...
. The Parliament Act 1911 ensured the Commons would prevail in any conflict over the unelected
House of Lords The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest ext ...
. The Parliament Act 1949 ensured the Lords could only delay legislation by one year, and not delay any budgetary measure over a month. In a leading case, '' R (Jackson) v Attorney General'', a group of pro-hunting protestors challenged the Hunting Act 2004's ban on fox hunting, arguing it was not a valid Act because it was passed avoiding the House of Lords, using the Parliament Acts. They argued that the 1949 Act itself was passed using the 1911 Act's power to override the Lords in two years. The claimants argued that this meant the 1949 Act should not be considered a valid law, because the 1911 Act was limited in scope and could not be used to amend its own limitation of the Lords' power. The House of Lords, sitting as the UK's highest court, rejected this argument, holding both the Parliament Act 1949 and the Hunting Act 2004 to be valid. However, in '' obiter dicta'' Lord Hope argued that Parliamentary sovereignty "is no longer, if it ever was, absolute", and that the "rule of law enforced by the courts is the ultimate controlling factor on which our constitution is based", and cannot be used to defend unconstitutional Acts (as determined by the courts). There is not yet a consensus on the meaning of "Parliamentary sovereignty", except that its legitimacy depends on the principle of "the democratic process". In recent history, Parliament's sovereignty has evolved in four main ways. First, since 1945 international cooperation meant Parliament augmented its power by working with, not dominating, other sovereign nations. While Parliament had nearly uncontested power before, and so was thought by writers of the Imperial period to be able to "make or unmake any law whatever", the UK chose to join the
League of Nations The League of Nations (LN or LoN; , SdN) was the first worldwide intergovernmental organisation whose principal mission was to maintain world peace. It was founded on 10 January 1920 by the Paris Peace Conference (1919–1920), Paris Peace ...
in 1919, and after its failure, the
United Nations The United Nations (UN) is the Earth, global intergovernmental organization established by the signing of the Charter of the United Nations, UN Charter on 26 June 1945 with the stated purpose of maintaining international peace and internationa ...
in 1945, to participate in building a system of
international law International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generall ...
. The
Treaty of Versailles The Treaty of Versailles was a peace treaty signed on 28 June 1919. As the most important treaty of World War I, it ended the state of war between Germany and most of the Allies of World War I, Allied Powers. It was signed in the Palace ...
in 1919 recalled that "peace can only be established if it is based upon social justice", and the UN Charter, "based on the principle of the sovereign equality of all its Members", said that "to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind", the UN would "reaffirm faith in fundamental human rights", and members should "live together in peace with one another as good neighbours". The Bretton Woods Agreements Act 1945, United Nations Act 1946 and International Organisations Act 1968 wrote the UK's funding and membership of the United Nations, the
International Monetary Fund The International Monetary Fund (IMF) is a major financial agency of the United Nations, and an international financial institution funded by 191 member countries, with headquarters in Washington, D.C. It is regarded as the global lender of las ...
, the
World Bank The World Bank is an international financial institution that provides loans and Grant (money), grants to the governments of Least developed countries, low- and Developing country, middle-income countries for the purposes of economic development ...
, and other bodies, into law. For example, the UK bound itself to implement by order UN Security Council resolutions, up to the actual use of force, in return for representation in the General Assembly and Security Council. Although the UK has not always clearly followed
international law International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generall ...
, it has accepted as a formal duty that its sovereignty would not be used unlawfully. Second, in 1950 the UK helped to write and joined the
European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is a Supranational law, supranational convention to protect human rights and political freedoms in Europe. Draf ...
. While that convention reflected norms and cases decided under British statutes and the
common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
on civil liberties, the UK accepted that people could appeal to the
European Court of Human Rights The European Court of Human Rights (ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights (ECHR). The court hears applications alleging that a co ...
in
Strasbourg Strasbourg ( , ; ; ) is the Prefectures in France, prefecture and largest city of the Grand Est Regions of France, region of Geography of France, eastern France, in the historic region of Alsace. It is the prefecture of the Bas-Rhin Departmen ...
, if domestic remedies were not enough. In the
Human Rights Act 1998 The Human Rights Act 1998 (c. 42) is an Act of Parliament (United Kingdom), Act of Parliament of the United Kingdom which received royal assent on 9 November 1998, and came into force on 2 October 2000. Its aim was to incorporate into UK law the ...
, Parliament decided that the British judiciary should be required to apply human rights norms directly in determining British cases, to ensure a more speedy, human rights-based resolution to case law, and effectively influence human rights reasoning more. Third, the UK became a member of the
European Union The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are Geography of the European Union, located primarily in Europe. The u ...
after the European Communities Act 1972 and through its ratification of the Maastricht Treaty in 1992. The idea of a Union had long been envisaged by European leaders, including
Winston Churchill Sir Winston Leonard Spencer Churchill (30 November 1874 – 24 January 1965) was a British statesman, military officer, and writer who was Prime Minister of the United Kingdom from 1940 to 1945 (Winston Churchill in the Second World War, ...
, who in 1946 had called for a " United States of Europe".e.g. "Speech at the University of Zurich"
19 September 1946
.
e.g. "Speech to the 69th Annual Conservative Party Conference at Llandudno"
9 October 1948
. See J. Danzig, "Winston Churchill: A founder of the European Union" (10 November 2013
EU ROPE
/ref> EU law has long been held to prevail in any conflict between Acts of Parliament for the limited fields in which it operates, but member states and citizens gain control over the scope of EU law, and so extend their sovereignty in international affairs, through joint representation in the
European Parliament The European Parliament (EP) is one of the two legislative bodies of the European Union and one of its seven institutions. Together with the Council of the European Union (known as the Council and informally as the Council of Ministers), it ...
,
Council of the European Union The Council of the European Union, often referred to in the treaties and other official documents simply as the Council, and less formally known as the Council of Ministers, is the third of the seven institutions of the European Union (EU) a ...
, and the
Commission In-Commission or commissioning may refer to: Business and contracting * Commission (remuneration), a form of payment to an agent for services rendered ** Commission (art), the purchase or the creation of a piece of art most often on behalf of anot ...
. This principle was tested in '' R (Factortame Ltd) v Secretary of State for Transport'', where a fishing business claimed that it should not be required to have 75% of British shareholders, as the Merchant Shipping Act 1988 said.''R v Secretary of State for Transport, ex parte Factortame Ltd'' 990UKHL 7. Under EU law, the principle of freedom of establishment states that nationals of any member state can freely incorporate and run a business across the EU without unjustified interference. The
House of Lords The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest ext ...
held that, because the EU law conflicted with the sections of the 1988 Act, those sections would not be enforced, and disapplied, because Parliament had not clearly expressed an intention to renounce the 1972 Act. According to Lord Bridge "whatever limitation of its sovereignty Parliament accepted when it enacted the 972 Actwas entirely voluntary". It was, therefore, the duty of the courts to apply EU law. On the other hand, in '' R (HS2 Action Alliance Ltd) v Secretary of State for Transport'' the Supreme Court held that certain fundamental principles of British constitutional law would not be interpreted by the courts as having been given up by membership of the EU, or probably any international organisation. Here a group protesting against the
High Speed 2 High Speed 2 (HS2) is a high-speed railway which has been under construction in England since 2019. The line's planned route is between Handsacre – in southern Staffordshire – and London, with a Spur line, branch to Birmingham. HS2 is to ...
rail line from London to Manchester and Leeds claimed that the government had not properly followed an Environmental Impact Assessment Directive by whipping a vote in Parliament to approve the plan. They argued that the Directive required open and free consultation, which was not fulfilled if a party whip compelled party members to vote. The Supreme Court unanimously held the Directive did not require that no party whip occurred, but if a conflict had existed a Directive would not be able to compromise the fundamental constitutional principle from the Bill of Rights that Parliament is free to organise its affairs. Fourth, devolution in the United Kingdom has meant Parliament gave the power to legislate on specific topics to nations and regions: the Scotland Act 1998 created the
Scottish Parliament The Scottish Parliament ( ; ) is the Devolution in the United Kingdom, devolved, unicameral legislature of Scotland. It is located in the Holyrood, Edinburgh, Holyrood area of Edinburgh, and is frequently referred to by the metonym 'Holyrood'. ...
, the
Government of Wales Act 1998 A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government is a ...
created the Welsh Assembly, the Northern Ireland Act 1998 created a Northern Ireland Executive following the historic Good Friday Agreement, to bring peace. In addition, the
Local Government Act 1972 The Local Government Act 1972 (c. 70) is an act of the Parliament of the United Kingdom that reformed local government in England and Wales on 1 April 1974. It was one of the most significant acts of Parliament to be passed by the Heath Gov ...
and the Greater London Authority Act 1999 give more limited powers to local and London governments. Practically, but also constitutionally, it has become increasingly accepted that decisions should not be taken for the UK which would override, and run counter to, the will of regional governments. However, in '' R (Miller) v Secretary of State for Exiting the European Union'', a group of people who sought to remain in the
European Union The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are Geography of the European Union, located primarily in Europe. The u ...
contested the government on whether the Prime Minister could trigger Article 50 to notify the
European Commission The European Commission (EC) is the primary Executive (government), executive arm of the European Union (EU). It operates as a cabinet government, with a number of European Commissioner, members of the Commission (directorial system, informall ...
of the UK's intention to leave, without an Act of Parliament. This followed the Brexit poll of 2016 where 51.9% of those voting voted to leave. The claimants argued that, because
Brexit Brexit (, a portmanteau of "Britain" and "Exit") was the Withdrawal from the European Union, withdrawal of the United Kingdom (UK) from the European Union (EU). Brexit officially took place at 23:00 GMT on 31 January 2020 (00:00 1 February ...
would obliterate rights that Parliament had conferred through Acts of Parliament (such as the right of free movement of British citizens in the EU, the right to fair competition through merger control, and the right to vote for EU institutions) only Parliament could consent to notifying the intention to negotiate to leave under Article 50. They also argued that the Sewel Convention for devolved assemblies, where the assembly passes a motion that the Westminster Parliament can legislate on a devolved matter before it does so, meant the UK could not negotiate to leave without the Scottish, Welsh or Northern Ireland legislatures' consent. The Supreme Court held that the government could not begin the process of leaving purely through
royal prerogative The royal prerogative is a body of customary authority, Privilege (law), privilege, and immunity recognised in common law (and sometimes in Civil law (legal system), civil law jurisdictions possessing a monarchy) as belonging to the monarch, so ...
; Parliament must pass an Act enabling it to do so. However, the Sewel convention could not be enforced by courts, rather than observed. This led Prime Minister Theresa May to procure the European Union (Notification of Withdrawal) Act 2017, giving her power to notify the intention to leave the EU.


Rule of law

The
rule of law The essence of the rule of law is that all people and institutions within a Body politic, political body are subject to the same laws. This concept is sometimes stated simply as "no one is above the law" or "all are equal before the law". Acco ...
has been regarded as a fundamental principle of modern legal systems, including the UK. It has been called "as important in a free society as the democratic franchise", and even "the ultimate controlling factor on which our constitution is based". Like parliamentary sovereignty, its meaning and extent is disputed. The most widely accepted meanings speak of several factors: Lord Bingham of Cornhill, formerly the highest judge in England and Wales, suggested the rule of law ought to mean that law is clear and predictable, not subject to broad or unreasonable discretion, applies equally to all people, with speedy and fair procedures for enforcement, protects fundamental
human rights Human rights are universally recognized Morality, moral principles or Social norm, norms that establish standards of human behavior and are often protected by both Municipal law, national and international laws. These rights are considered ...
, and works according to
international law International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generall ...
. T Bingham, "The Rule of Law" (2007), 66(1) ''Cambridge Law Journal'' 67, ; and see also T. Bingham, ''Rule of Law'' (2008) 8, "all persons and authorities within the state, whether public or private should be bound by and entitled to the benefit of laws publicly made, taking effect (generally) in the future and publicly administered in the courts." Lord Bingham, "The Rule of Law and the Sovereignty of Parliament" (31 October 2007), King's College, London, also remarked, "democracy lies at the heart of the concept of the rule of law". Other definitions seek to exclude human rights and international law as relevant but largely stem from visions of pre-democratic scholars such as Albert Venn Dicey. The rule of law was explicitly recognised as a "constitutional principle" in section 1 of the Constitutional Reform Act 2005, which limited the judicial role of the
Lord Chancellor The Lord Chancellor, formally titled Lord High Chancellor of Great Britain, is a senior minister of the Crown within the Government of the United Kingdom. The lord chancellor is the minister of justice for England and Wales and the highest-ra ...
and recast the judicial appointments system to entrench independence, diversity and merit. As the statute gives no further definition, the practical meaning of the "rule of law" develops through case law. At its core, the rule of law, in English and British law, has traditionally been the principle of " legality". This means that the state, government, and any person acting under government authority (including a corporation), may only act according to law. In 1765, in '' Entick v Carrington'' a writer, John Entick, claimed that the King's Chief Messenger, Nathan Carrington, had no legal authority to break into and ransack his home, and remove his papers. Carrington claimed he had authority from the Secretary of State, Lord Halifax, who issued a search "warrant", but there was no statute that gave Lord Halifax the authority to issue search warrants. Lord Camden CJ held that the "great end, for which men entered into society, was to secure their property", and that without any authority "every invasion of private property, be it ever so minute, is a trespass." Carrington acted unlawfully and had to pay damages. Today this principle of legality is found throughout the
European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is a Supranational law, supranational convention to protect human rights and political freedoms in Europe. Draf ...
, which enables infringements of rights as a starting point only if "in accordance with the law". In 1979, in '' Malone v Metropolitan Police Commissioner'' a man charged with handling stolen goods claimed the police unlawfully tapped his phone, to get evidence. The only related statute, the Post Office Act 1969 Schedule 5, stated there should be no interference in telecommunications unless the Secretary of State issued a warrant, but said nothing explicit about phone tapping. Megarry VC held there was no wrong at common law, and refused to interpret the statute in light of the right to privacy under the
European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is a Supranational law, supranational convention to protect human rights and political freedoms in Europe. Draf ...
, article 8. On appeal, the European Court of Human Rights concluded the convention was breached because the statute did not "indicate with reasonable clarity the scope and manner of exercise of the relevant discretion conferred on the public authorities." The judgment, however, was overshadowed by the government swiftly passing a new Act to authorise phone tapping with a warrant. By itself the principle of legality is not enough to alone preserve
human rights Human rights are universally recognized Morality, moral principles or Social norm, norms that establish standards of human behavior and are often protected by both Municipal law, national and international laws. These rights are considered ...
in the face of ever more intrusive statutory powers of surveillance by corporations or government. The rule of law requires the law be truly enforced, though enforcement bodies may have room for discretion. In '' R (Corner House Research) v Director of the Serious Fraud Office'', a group campaigning against the arms trade, Corner House Research, claimed the Serious Fraud Office acted unlawfully by dropping an investigation into the UK–Saudi Al-Yamamah arms deal. It was alleged that BAE Systems plc paid bribes to Saudi government figures. The House of Lords held the SFO was entitled to take into account the public interest in not pursuing an investigation, including the security threats that might transpire. Baroness Hale remarked that the SFO had to consider "the principle that no-one, including powerful British companies who do business for powerful foreign countries, is above the law", but the decision reached was not unreasonable. When enforcement or court proceedings do take place, they should proceed swiftly: anyone who is detained must be charged and put on trial or released. People must also be able to access justice in practice. In '' R (UNISON) v Lord Chancellor'' the Supreme Court held the government's imposition of £1200 in fees to bring an employment tribunal claim undermined the
rule of law The essence of the rule of law is that all people and institutions within a Body politic, political body are subject to the same laws. This concept is sometimes stated simply as "no one is above the law" or "all are equal before the law". Acco ...
, and was void. The
Lord Chancellor The Lord Chancellor, formally titled Lord High Chancellor of Great Britain, is a senior minister of the Crown within the Government of the United Kingdom. The lord chancellor is the minister of justice for England and Wales and the highest-ra ...
had statutory authority to create fees for court services, but in the case of employment tribunals, his Order led to a 70% drop in claims against employers for breach of
labour rights Labor rights or workers' rights are both legal rights and human rights relating to labor relations between workers and employers. These rights are codified in national and international labor and employment law. In general, the ...
, such as unfair dismissal, unlawful wage deductions or discrimination. Lord Reed said the "constitutional right of access to the courts is inherent in the rule of law". Without access to courts, "laws are liable to become a dead letter, the work done by Parliament may be rendered nugatory, and the democratic election of Members of Parliament may become a meaningless charade." In principle every person is subject to the law, including government ministers, or corporate executives, who may be held in contempt of court for violating an order. In other systems the idea of a
separation of powers The separation of powers principle functionally differentiates several types of state (polity), state power (usually Legislature#Legislation, law-making, adjudication, and Executive (government)#Function, execution) and requires these operat ...
is seen as an essential part of maintaining the rule of law. In theory, originally advocated by Baron de Montesquieu, there should be a strict separation of the executive, legislature and judiciary. While other systems, notably the
United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
, attempted to put this into practice (e.g. requiring the executive does not come from the legislature), it is clear that modern political parties may undermine such a separation by capturing all three branches of government, and democracy has been maintained since the 20th century despite the fact that "there is no formal separation of powers in the United Kingdom". The Constitutional Reform Act 2005 ended the practice of the
Lord Chancellor The Lord Chancellor, formally titled Lord High Chancellor of Great Britain, is a senior minister of the Crown within the Government of the United Kingdom. The lord chancellor is the minister of justice for England and Wales and the highest-ra ...
sitting as the head of the judiciary, while also being a Member of Parliament, and sitting in the cabinet. Since the Act of Settlement 1700, there has been only one instance of a judge being removed, and a suspension cannot happen without the Lord Chief Justice and the
Lord Chancellor The Lord Chancellor, formally titled Lord High Chancellor of Great Britain, is a senior minister of the Crown within the Government of the United Kingdom. The lord chancellor is the minister of justice for England and Wales and the highest-ra ...
following a judge being subject to criminal proceedings. There is now a duty on all ministers to "uphold the continued independence of the judiciary", including against assault by powerful corporations or the media.


Democracy

The principle of a "democratic society", with a functioning representative and
deliberative democracy Deliberative democracy or discursive democracy is a form of democracy in which deliberation is central to decision-making. Deliberative democracy seeks quality over quantity by limiting decision-makers to a smaller but more representative sample ...
, that upholds
human rights Human rights are universally recognized Morality, moral principles or Social norm, norms that establish standards of human behavior and are often protected by both Municipal law, national and international laws. These rights are considered ...
, legitimises the fact of Parliamentary sovereignty, and it is widely considered that "democracy lies at the heart of the concept of the rule of law". The opposite of arbitrary power exercised by one person is "administration is in the hands of the many and not of the few". According to the preamble to the
European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is a Supranational law, supranational convention to protect human rights and political freedoms in Europe. Draf ...
, as drafted by British lawyers following
World War II World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...
, fundamental human rights and freedoms are themselves "best maintained ... by "an effective political democracy". Similarly, this "characteristic principle of democracy" is enshrined by the First Protocol, article 3, which requires the "right to free elections" to "ensure the free expression of the opinion of the people in the choice of the legislature". While there are many conceptions of democracy, such as "direct", "representative" or "deliberative", the dominant view in modern political theory is that democracy requires an active citizenry, not only in electing representatives, but in taking part in political life. Its essence lies in not simply majority decision-making, nor referendums that can easily be used as a tool of manipulation, "but in the making of politically responsible decisions" and in "large-scale social changes maximising the freedom" of humankind. The legitimacy of law in a democratic society depends upon a constant process of deliberative discussion and public debate, rather than the imposition of decisions. It is also generally agreed that basic standards in political, social and economic rights are necessary to ensure everyone can play a meaningful role in political life. For this reason, the rights to free voting in fair elections and "general welfare in a democratic society" have developed hand-in-hand with all human rights, and form a fundamental cornerstone of
international law International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generall ...
. In the UK's "modern democratic constitution", the principle of democracy is manifested through statutes and case law which guarantee the right to vote in fair elections, and through its use as a principle of interpretation by courts. In 1703, in the landmark case of '' Ashby v White'', Lord Holt CJ stated that the right of everyone "to give
heir Inheritance is the practice of receiving private property, titles, debts, entitlements, privileges, rights, and obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Offi ...
vote at the election of a person to represent
hem A hem in sewing is a garment finishing method, where the edge of a piece of cloth is folded and sewn to prevent unravelling of the fabric and to adjust the length of the piece in garments, such as at the end of the sleeve or the bottom of the ga ...
in Parliament, there to concur to the making of laws, which are to bind
heir Inheritance is the practice of receiving private property, titles, debts, entitlements, privileges, rights, and obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Offi ...
liberty and property, is a most transcendent thing, and of a high nature". This has meant that the courts actively ensure that votes cast are counted and that democratic elections are conducted according to law. In '' Morgan v Simpson'' the
Court of Appeal An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to Hearing (law), hear a Legal case, case upon appeal from a trial court or other ...
held that if a vote "was conducted so badly that it was not substantially in accordance with the law, " then it would be declared void, and so would even minor irregularities that would affect the result. A considerable body of regulation, for instance in the Representation of the People Act 1983 or the Political Parties, Elections and Referendums Act 2000, restrict spending or any foreign interference because, according to Baroness Hale "each person has equal value" and "we do not want our government or its policies to be decided by the highest spenders". More broadly, the concept of a "democratic society" and what is "necessary" for its functioning underpins the entire scheme of interpretation for the
European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is a Supranational law, supranational convention to protect human rights and political freedoms in Europe. Draf ...
as applied in British law, particularly after the
Human Rights Act 1998 The Human Rights Act 1998 (c. 42) is an Act of Parliament (United Kingdom), Act of Parliament of the United Kingdom which received royal assent on 9 November 1998, and came into force on 2 October 2000. Its aim was to incorporate into UK law the ...
, because each right can usually only be restricted if "in accordance with law" and as "necessary in a democratic society". The place of the social welfare state that is necessary to support democratic life is also manifested through the courts' interpretation. For instance, in ''Gorringe v Calderdale MBC'', Lord Steyn, giving the leading judgement, said it was "necessary" to view the law of negligence in the context of "the contours of our social welfare state". More generally, the common law has been increasingly developed to be harmonious with statutory rights, and also in harmony with rights under
international law International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generall ...
.


Internationalism

Like other democratic countries, the principles of
international law International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generall ...
are a basic component of the British constitution, both as a primary tool of interpretation of domestic law and through the UK's consistent support and membership of major international organisations. As far back as
Magna Carta (Medieval Latin for "Great Charter"), sometimes spelled Magna Charta, is a royal charter of rights agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215. First drafted by the Archbishop of Canterbury, Cardin ...
, English law recognised the right to free movement of people for
international trade International trade is the exchange of capital, goods, and services across international borders or territories because there is a need or want of goods or services. (See: World economy.) In most countries, such trade represents a significan ...
. In 1608, Sir
Edward Coke Sir Edward Coke ( , formerly ; 1 February 1552 – 3 September 1634) was an English barrister, judge, and politician. He is often considered the greatest jurist of the Elizabethan era, Elizabethan and Jacobean era, Jacobean eras. Born into a ...
wrote confidently that international commercial law, or the , is part of the laws of the realm. The constitutional crises of the 17th century centred upon Parliament halting the King's attempt to tax international trade without its consent. Similarly in the 18th century, Lord Holt CJ viewed international law as a general tool for interpretation of the common law, while
Lord Mansfield William Murray, 1st Earl of Mansfield, (2 March 1705 – 20 March 1793), was a British judge, politician, lawyer, and peer best known for his reforms to English law. Born in Scone Palace, Perthshire, to a family of Peerage of Scotland, Scott ...
in particular did more than any other to affirm that the international "is not the law of a particular country but the law of all nations", and "the law of merchants and the law of the land is the same". In 1774, in ''
Somerset v Stewart ''Somerset v Stewart'' (177298 ER 499(also known as ''Sommersett v Steuart'', Somersett's case, and the Mansfield Judgment) is a judgment of the English Court of King's Bench (England), Court of King's Bench in 1772, relating to the right of an ...
'', one of the most important cases in legal history,
Lord Mansfield William Murray, 1st Earl of Mansfield, (2 March 1705 – 20 March 1793), was a British judge, politician, lawyer, and peer best known for his reforms to English law. Born in Scone Palace, Perthshire, to a family of Peerage of Scotland, Scott ...
held that
slavery Slavery is the ownership of a person as property, especially in regards to their labour. Slavery typically involves compulsory work, with the slave's location of work and residence dictated by the party that holds them in bondage. Enslavemen ...
was lawful "in no country" and therefore in common law. In modern case law it has been consistently accepted that it "is a principle of legal policy that ritishlaw should conform to
public international law International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generall ...
." The
House of Lords The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest ext ...
stressed that "there is a strong presumption in favour of interpreting English law (whether common law or statute) in a way which does not place the United Kingdom in breach of an international obligation." For example, in '' Hounga v Allen'' the
Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
held that a young lady who had been illegally trafficked to the UK had a right to bring a race discrimination claim against her employers, even though she had herself been in violation of the Immigration Act 1971. In doing so, the court unanimously drew upon international treaties signed by the UK, known as the Palermo protocols, as well as the European Convention on Human Rights, in interpreting the scope of the common law doctrine of illegality, and held it was no bar for the claimant to assert her legal rights. It has been further debated whether the UK should adopt a theory of that sees international law as part of UK without any further act (a " monist" theory), or whether it should still be required for international law principles to be translated into domestic law (a "dualist" theory). The current position in European Union law is that while international law binds the EU, it cannot undermine fundamental principles of constitutional law or human rights. Since the World Wars brought an end to the
British Empire The British Empire comprised the dominions, Crown colony, colonies, protectorates, League of Nations mandate, mandates, and other Dependent territory, territories ruled or administered by the United Kingdom and its predecessor states. It bega ...
and physically destroyed large parts of the country, the UK has consistently supported organisations formed under
international law International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generall ...
. From the
Treaty of Versailles The Treaty of Versailles was a peace treaty signed on 28 June 1919. As the most important treaty of World War I, it ended the state of war between Germany and most of the Allies of World War I, Allied Powers. It was signed in the Palace ...
in 1919, the UK was a founding member of the
International Labour Organization The International Labour Organization (ILO) is a United Nations agency whose mandate is to advance social and economic justice by setting international labour standards. Founded in October 1919 under the League of Nations, it is one of the firs ...
, which sets universal standards for people's rights at work. After the failure of the
League of Nations The League of Nations (LN or LoN; , SdN) was the first worldwide intergovernmental organisation whose principal mission was to maintain world peace. It was founded on 10 January 1920 by the Paris Peace Conference (1919–1920), Paris Peace ...
and following World War II, the UK became a founding member of the
United Nations The United Nations (UN) is the Earth, global intergovernmental organization established by the signing of the Charter of the United Nations, UN Charter on 26 June 1945 with the stated purpose of maintaining international peace and internationa ...
, recognised by Parliament through the United Nations Act 1946, enabling any resolution of the Security Council except the use of force to be implemented by an Order in Council. Due the
Universal Declaration of Human Rights The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the Human rights, rights and freedoms of all human beings. Drafted by a UN Drafting of the Universal D ...
in 1948, the continuation of the
British Empire The British Empire comprised the dominions, Crown colony, colonies, protectorates, League of Nations mandate, mandates, and other Dependent territory, territories ruled or administered by the United Kingdom and its predecessor states. It bega ...
lost substantial legitimacy under international law, and combined with independence movements this led to its rapid dissolution. Two fundamental treaties, the
International Covenant on Civil and Political Rights The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom ...
and the International Covenant on Economic, Social and Cultural Rights in 1966, saw the UK ratify most rights from the Universal Declaration. Codifying the Ponsonby Rule from 1924, the Constitutional Reform and Governance Act 2010 section 20 stipulates that a treaty is ratified once it is laid before Parliament for 21 days and no adverse resolution is passed against it. Regionally, the UK participated in drafting the 1950
European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is a Supranational law, supranational convention to protect human rights and political freedoms in Europe. Draf ...
which sought to guarantee basic standards of democracy and human rights to preserve peace in post-war Europe. At the same time, following long-held visions for European integration with the UK "at the centre", democratic European countries sought to integrate their economies both to make war vain, and to advance social progress. In 1972, the UK joined the
European Communities The European Communities (EC) were three international organizations that were governed by the same set of Institutions of the European Union, institutions. These were the European Coal and Steel Community (ECSC), the European Atomic Energy Co ...
(reorganized and renamed the
European Union The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are Geography of the European Union, located primarily in Europe. The u ...
in 1992) and committed to implement EU law in which it participated, in the European Communities Act 1972. In 1995, the UK also became a founding member of the
World Trade Organization The World Trade Organization (WTO) is an intergovernmental organization headquartered in Geneva, Switzerland that regulates and facilitates international trade. Governments use the organization to establish, revise, and enforce the rules that g ...
. To ensure that the European Convention was directly applied by the courts, the
Human Rights Act 1998 The Human Rights Act 1998 (c. 42) is an Act of Parliament (United Kingdom), Act of Parliament of the United Kingdom which received royal assent on 9 November 1998, and came into force on 2 October 2000. Its aim was to incorporate into UK law the ...
was passed. Parliament also passed the International Criminal Court Act 2001 to enable prosecution of war criminals, and subjected itself to the jurisdiction of the
International Criminal Court The International Criminal Court (ICC) is an intergovernmental organization and International court, international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute ...
. In 2016 the UK voted in a
referendum A referendum, plebiscite, or ballot measure is a Direct democracy, direct vote by the Constituency, electorate (rather than their Representative democracy, representatives) on a proposal, law, or political issue. A referendum may be either bin ...
on whether to leave the
European Union The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are Geography of the European Union, located primarily in Europe. The u ...
, resulting—with a 72.2% turnout—in a margin of 51.9% favouring "leave" and 48.1% favouring "remain". Some allegations were made of misconduct taking place in the campaigns in support of both referendum options, whilst authorities found nothing considered serious enough to affect results and little to chastise.


Sources

Due to the uncodified nature of the Constitution, there is no entrenched source of constitutional law. However, over time three main bodies of sources have emerged. The main sources of constitutional law are Acts of Parliament, court cases, and conventions in the way that government, Parliament and the monarch act.


Acts of Parliament

Laws that touch on topics such as the structure of government, rights of citizens and the powers of devolved assemblies become constitutionally significant simply by their subject matter and the sovereignty of parliament meaning that the specifics of the law becoming legally binding. This allows for the constitution to be amended whenever a law is made on a constitutionally significant topic. Professor Robert Blackburn lists the following as recent constitutionally significant acts: * "The Parliament Acts (1911–49) that regulate the respective powers of the two Houses of Parliament. * The Representation of the People Acts (1918) (as amended) providing for universal voting and other matters of political representation. * The European Communities Act (1972) making the UK a legal partner in the European Union. * The Scottish, Welsh and Northern Ireland devolution Acts of 1998 (as amended) creating an executive and legislature for each of those three nations in the UK. * The Human Rights Act (1998) establishing a bill of rights and freedoms actionable by individuals through the courts." and claims that recent developments have seen some acts ad hoc codification


Court cases

Via court cases, judges create common law when they decide legal proceedings. This means that in order to understand the common law, individual pieces of
case law Case law, also used interchangeably with common law, is a law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of ...
must be examined, with earlier and higher court case law having precedent over newer and lower court case law.


Conventions

Conventions are harder to pin down as being constitutionally significant due to be unwritten agreements without hard legal force, but they remain an integral element of the constitution. Elements such as the leader of the party with a majority becoming Prime Minister, the House of Lords not vetoing secondary legislation and judges remaining impartial on government policy are all conventions.


Institutions

While principles may be the basis of the UK constitution, the institutions of the state perform its functions in practice. First,
Parliament In modern politics and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
is the sovereign entity. Its two chambers legislate. In the
House of Commons The House of Commons is the name for the elected lower house of the Bicameralism, bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of ...
each Member of Parliament is elected by a simple plurality in a democratic vote, although outcomes do not always accurately match people's preferences overall. Elections must be held within five years after the previous election of a Parliament, though historically they have tended to occur each four years. Election spending is tightly controlled, foreign interference is prohibited, and donations and lobbying are limited in whatever form. The
House of Lords The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest ext ...
reviews and votes upon legislative proposals by the Commons. It can delay legislation by one year, and cannot delay at all if the proposed Act concerns money. Most Lords are appointed by the Prime Minister, through the King, on the advice of a Commission which, by convention, offers some balance between political parties. Ninety-two hereditary peers remain. To become law, each Act of Parliament must be read by both houses three times, and given
royal assent Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in othe ...
by the monarch. The Sovereign does not veto legislation, by convention, since 1708. Second, the judiciary interprets the law. It can not strike down an Act of Parliament, but the judiciary ensures that any law which may violate fundamental rights has to be clearly expressed, to force politicians to openly confront what they are doing and "accept the political cost". Under the Constitutional Reform Act 2005, the judiciary is appointed by the Judicial Appointments Commission with cross-party and judicial recommendations, to protect judicial independence. Third, the executive branch of government is led by the
prime minister A prime minister or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. A prime minister is not the head of state, but r ...
who must be able to command a majority in the House of Commons. The Cabinet of Ministers is appointed by the Prime Minister to lead the main departments of state, such as the
Treasury A treasury is either *A government department related to finance and taxation, a finance ministry; in a business context, corporate treasury. *A place or location where treasure, such as currency or precious items are kept. These can be ...
, the
Foreign Office Foreign may refer to: Government * Foreign policy, how a country interacts with other countries * Ministry of Foreign Affairs, in many countries ** Foreign Office, a department of the UK government ** Foreign office and foreign minister * United ...
, the Department of Health and the
Department for Education The Department for Education (DfE) is a Departments of the Government of the United Kingdom, ministerial department of the Government of the United Kingdom. It is responsible for child protection, child services, education in England, educati ...
. Officially the "
head of state A head of state is the public persona of a sovereign state.#Foakes, Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representative of its international persona." The name given to the office of head of sta ...
" is the monarch, but all prerogative power is exercised by the Prime Minister, subject to
judicial review Judicial review is a process under which a government's executive, legislative, or administrative actions are subject to review by the judiciary. In a judicial review, a court may invalidate laws, acts, or governmental actions that are in ...
. Fourth, as the UK matured as a modern democracy, an extensive system of civil servants, and
public service A public service or service of general (economic) interest is any service intended to address the needs of aggregate members of a community, whether provided directly by a public sector agency, via public financing available to private busin ...
institutions developed to deliver UK residents economic, social and legal rights. All public bodies, and private bodies that perform public functions, are bound by the
rule of law The essence of the rule of law is that all people and institutions within a Body politic, political body are subject to the same laws. This concept is sometimes stated simply as "no one is above the law" or "all are equal before the law". Acco ...
.


Parliament

In the British constitution,
Parliament In modern politics and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
sits at the apex of power. It emerged through a series of revolutions as the dominant body, over the church, courts, and the
monarch A monarch () is a head of stateWebster's II New College Dictionary. "Monarch". Houghton Mifflin. Boston. 2001. p. 707. Life tenure, for life or until abdication, and therefore the head of state of a monarchy. A monarch may exercise the highest ...
, and within Parliament the
House of Commons The House of Commons is the name for the elected lower house of the Bicameralism, bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of ...
emerged as the dominant chamber, over the
House of Lords The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest ext ...
that traditionally represented the
aristocracy Aristocracy (; ) is a form of government that places power in the hands of a small, privileged ruling class, the aristocracy (class), aristocrats. Across Europe, the aristocracy exercised immense Economy, economic, Politics, political, and soc ...
. The central justification for Parliamentary sovereignty is usually thought to be its democratic nature, although it was only upon the
Representation of the People (Equal Franchise) Act 1928 The Representation of the People (Equal Franchise) Act 1928 ( 18 & 19 Geo. 5. c. 12) was an act of the Parliament of the United Kingdom. This act expanded on the Representation of the People Act 1918 ( 7 & 8 Geo. 5. c. 64) which had given som ...
that Parliament could be said to have finally become "democratic" in any modern sense (as property qualifications to vote were abolished for everyone over 21), and not until after the
Second World War World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...
that decolonisation, university constituencies and lowering of the voting age took place. Parliament's main functions are to legislate, to allocate money for public spending, and to scrutinise the government. In practice many MPs are involved in Parliamentary committees which investigate spending, policies, laws and their impact, and often report to recommend reform. For instance, the Modernisation Committee of the House of Commons in 2002 recommended publishing draft bills before they became law, and was later found to have been highly successful. There are 650 Members of Parliament (MPs) in the House of Commons, currently elected for terms of up to five years, and 790 peers in the
House of Lords The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest ext ...
. For a proposed Bill to become an Act, and law, it must be read three times in each chamber, and given
royal assent Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in othe ...
by the monarch. Today, the
House of Commons The House of Commons is the name for the elected lower house of the Bicameralism, bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of ...
is the primary organ of representative government. Section 1 of the Representation of the People Act 1983 gives the right to all registered citizens of the United Kingdom, the
Republic of Ireland Ireland ( ), also known as the Republic of Ireland (), is a country in Northwestern Europe, north-western Europe consisting of 26 of the 32 Counties of Ireland, counties of the island of Ireland, with a population of about 5.4 million. ...
and the Commonwealth aged 18 and over to elect Members of Parliament to the House of Commons. Sections 3 and 4 exclude people who are convicted of an offence and in a penal institution, or detained under mental health laws. These restrictions fall below European standards, which require that people who are convicted of very minor crimes (such as petty theft or drug offences) have the right to vote. Since 2013, everyone has to register individually to vote, instead of households being able to register collectively, but an annual household canvass is conducted to increase the number of registered people. As far back as 1703, '' Ashby v White'' recognised the right to "vote at the election of a person to represent him or erin Parliament, there to concur to the making of laws, which are to bind his liberty and property" as "a most transcendent thing, and of an high nature". This originally meant that any interference in that right would lead to damages. If the denial of voting would have changed the result, or if a vote was "conducted so badly that it was not substantially in accordance with the law" the vote would have to be run again. So, in '' Morgan v Simpson'' the Court of Appeal declared that an election for a
Greater London Council The Greater London Council (GLC) was the top-tier local government administrative body for Greater London from 1965 to 1986. It replaced the earlier London County Council (LCC) which had covered a much smaller area. The GLC was dissolved in 198 ...
seat was not valid after it was found that 44 unstamped ballot papers were not counted. These common law principles predate statutory regulation, and therefore appear to apply to any vote, including elections and referendums. Election spending is tightly controlled today by statute. A maximum of £20 million can be spent by political parties in national campaigns, plus £10,000 in each constituency. Political advertisements on television are prohibited except for those in certain free time slots, although the internet remains largely unregulated. Any spending over £500 by third parties must be disclosed. While these rules are strict, they were held in '' Animal Defenders International v UK'' to be compatible with the Convention because "each person has equal value" and "we do not want our government or its policies to be decided by the highest spenders." Foreign interference in voting is completely prohibited, including any "broadcasting" (also over the internet) "with intent to influence persons to give or refrain from giving their votes". Donations by foreign parties can be forfeited in their entirety to the
Electoral Commission An election commission is a body charged with overseeing the implementation of electioneering process of any country. The formal names of election commissions vary from jurisdiction to jurisdiction, and may be styled an electoral commission, a c ...
. Domestic donations are limited to registered parties, and must be reported, when they are over £7,500 nationally or £1,500 locally, to the
Electoral Commission An election commission is a body charged with overseeing the implementation of electioneering process of any country. The formal names of election commissions vary from jurisdiction to jurisdiction, and may be styled an electoral commission, a c ...
. The system for electing the Commons is based on constituencies, whose boundaries are periodically reviewed to even out populations. There has been considerable debate about the first-past-the-post system of voting the UK uses, as it tends to exclude minority parties. By contrast, in
Australia Australia, officially the Commonwealth of Australia, is a country comprising mainland Australia, the mainland of the Australia (continent), Australian continent, the island of Tasmania and list of islands of Australia, numerous smaller isl ...
voters may select preferences for candidates, although this system was rejected in a 2011 United Kingdom Alternative Vote referendum staged by the Cameron-Clegg coalition. In the
European Parliament The European Parliament (EP) is one of the two legislative bodies of the European Union and one of its seven institutions. Together with the Council of the European Union (known as the Council and informally as the Council of Ministers), it ...
, voters choose a party from multi-member regional constituencies: this tends to give smaller parties much greater representation. In the
Scottish Parliament The Scottish Parliament ( ; ) is the Devolution in the United Kingdom, devolved, unicameral legislature of Scotland. It is located in the Holyrood, Edinburgh, Holyrood area of Edinburgh, and is frequently referred to by the metonym 'Holyrood'. ...
, the
Welsh Parliament The Senedd ( ; ), officially known as the Welsh Parliament in English language, English and () in Welsh language, Welsh, is the Devolution in the United Kingdom, devolved, unicameral legislature of Wales. A democratically elected body, Its ro ...
and London Assembly, voters have the choice of both constituencies and a party list, which tends to reflect overall preferences best. To be elected as an MP, most people generally become members of
political parties A political party is an organization that coordinates candidates to compete in a particular area's elections. It is common for the members of a party to hold similar ideas about politics, and parties may promote specific ideological or p ...
, and must be over 18 on the day of nomination to run for a seat, be a qualifying Commonwealth or Irish citizen, not be bankrupt, found guilty of corrupt practices, or be a Lord, judge or employee of the civil service. To limit the government's practical control over Parliament, the Ministerial and other Salaries Act 1975 restricts higher payment of salaries to a set number of MPs. Along with a hereditary monarch, the
House of Lords The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest ext ...
remains an historical curiosity in the British constitution. Traditionally it represented the landed aristocracy, and political allies of the monarch or the government, and has only gradually and incompletely been reformed. Today, the House of Lords Act 1999 has abolished all but 92 hereditary peers, leaving most peers to be "life peers" appointed by the government under the Life Peerages Act 1958, law lords appointed under the Appellate Jurisdiction Act 1876, and
Lords Spiritual The Lords Spiritual are the bishops of the Church of England who sit in the House of Lords of the United Kingdom. Up to 26 of the 42 diocesan bishops and archbishops of the Church of England serve as Lords Spiritual (not including retired bish ...
who are senior clergy of the
Church of England The Church of England (C of E) is the State religion#State churches, established List of Christian denominations, Christian church in England and the Crown Dependencies. It is the mother church of the Anglicanism, Anglican Christian tradition, ...
. Since 2005, senior judges can only sit and vote in the House of Lords after retirement. The government carries out appointment of most peers, but since 2000 has taken advice from a seven-person House of Lords Appointments Commission with representatives from the Labour, Conservatives and Liberal-Democrat parties. A peerage can always be disclaimed, and ex-peers may then run for Parliament. Since 2015, a peer may be suspended or expelled by the House. In practice the Parliament Act 1949 greatly reduced the House of Lords' power, as it can only delay and cannot block legislation by one year, and cannot delay money bills at all. Several options for reform have been debated. A House of Lords Reform Bill 2012 proposed to have 360 directly elected members, 90 appointed members, 12 bishops and an uncertain number of ministerial members. The elected Lords would have been elected by proportional representation for 15-year terms, through 10 regional constituencies on a
single transferable vote The single transferable vote (STV) or proportional-ranked choice voting (P-RCV) is a multi-winner electoral system in which each voter casts a single vote in the form of a ranked ballot. Voters have the option to rank candidates, and their vot ...
system. However, the government withdrew support after backlash from Conservative backbenches. It has often been argued that if the Lords were elected by geographic constituencies and a party controlled both sides "there would be little prospect of effective scrutiny or revision of government business."An Act abolishing the House of Lords 1649, reading "The Commons of England assembled in Parliament, finding by too long experience that the House of Lords is useless and dangerous to the people of England to be continued, have thought fit to ordain and enact, and be it ordained and enacted by this present Parliament, and by the authority of the same, that from henceforth the House of Lords in Parliament shall be and is hereby wholly abolished and taken away; and that the Lords shall not from henceforth meet or sit in the said House called the Lords' House, or in any other house or place whatsoever..." See also T Benn, 'We should abolish the House of Lords, not reform it' (12 July 2012
New Statesman
/ref> A second option, like in the Swedish
Riksdag The Riksdag ( , ; also or , ) is the parliament and the parliamentary sovereignty, supreme decision-making body of the Kingdom of Sweden. Since 1971, the Riksdag has been a unicameral parliament with 349 members (), elected proportional rep ...
, could simply be to abolish the House of Lords. This was done during the
English Civil War The English Civil War or Great Rebellion was a series of civil wars and political machinations between Cavaliers, Royalists and Roundhead, Parliamentarians in the Kingdom of England from 1642 to 1651. Part of the wider 1639 to 1653 Wars of th ...
in 1649, but restored along with the monarchy in
1660 Events January–March * January 1 ** At daybreak, English Army Colonel George Monck, with two brigades of troops from his Scottish occupational force, fords the River Tweed at Coldstream in Scotland to cross the Anglo-Scottish ...
. A third proposed option is to elect peers by work and professional groups, so that health care workers elect peers with special health knowledge, people in education elect a fixed number of education experts, legal professionals elect legal representatives, and so on. This is argued to be necessary to improve the quality of legislation.


Judiciary

The judiciary in the United Kingdom has the essential functions of upholding the
rule of law The essence of the rule of law is that all people and institutions within a Body politic, political body are subject to the same laws. This concept is sometimes stated simply as "no one is above the law" or "all are equal before the law". Acco ...
, democracy, and human rights. The highest court of appeal, renamed from the
House of Lords The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest ext ...
officially from 2005, is the Supreme Court. The Lord Chancellor's role changed dramatically on 3 April 2006, as a result of the Constitutional Reform Act 2005. Due to the Constitutional Reform Act of 2005, the make up of the Judiciary is clearly demonstrated for the first time inside the Constitution. This form of enshrined law presents a new branch of government. An independent Supreme Court has been established, separate from the House of Lords and with its own independent appointments system, staff, budget and building. Further aspects of this explores how independent the Judiciary has become. An Appointments Commission, responsible for selecting candidates to recommend for judicial appointment to the Secretary of State for Justice was established. The Judicial Appointments Commission ensures that merit remains the sole criterion for appointment and the appointments system is modern, open and transparent. In terms of scrutiny, A Judicial Appointment and Conduct Ombudsman, responsible for investigating and making recommendations concerning complaints about the judicial appointments process, and the handling of judicial conduct complaints within the scope of the Constitutional Reform Act, provides checks and balances to the Supreme Court. The Judiciary hears appeals from the whole UK in civil law matters, and for criminal law in England and Wales, and Northern Ireland. It does not hear criminal appeals from Scotland. The Supreme Court does however consider "devolution issues" where these may affect Scottish criminal law. Since the 1966 Practice Statement, the judiciary has acknowledged that while a system of precedent, that binds lower courts, is necessary to provide "at least some degree of certainty", the courts should update their jurisprudence and "depart from a previous decision when it appears right to do so." Litigation usually begins in a County Court or the High Court for civil law issues, or a
magistrates' court A magistrates' court is a lower court where, in several Jurisdiction (area), jurisdictions, all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings. Courts * Magistrates' court (England and Wales) ...
or the
Crown Court The Crown Court is the criminal trial court, court of first instance in England and Wales responsible for hearing all indictable offences, some Hybrid offence, either way offences and appeals of the decisions of magistrates' courts. It is ...
for
criminal law Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and Well-being, welfare of people inclusive of one's self. Most criminal l ...
issues. There are also employment tribunals for
labour law Labour laws (also spelled as labor laws), labour code or employment laws are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship be ...
disputes, and the First-tier Tribunal for public or regulatory disputes, ranging from immigration, to social security, to tax. After the High Court, Crown Court, or appeal tribunals, cases generally may appeal to the
Court of Appeal An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to Hearing (law), hear a Legal case, case upon appeal from a trial court or other ...
in England and Wales. In Scotland, the
Court of Session The Court of Session is the highest national court of Scotland in relation to Civil law (common law), civil cases. The court was established in 1532 to take on the judicial functions of the royal council. Its jurisdiction overlapped with othe ...
has an Outer (first instance) and Inner (appeal) House. Appeals then go to the Supreme Court. Since the
Human Rights Act 1998 The Human Rights Act 1998 (c. 42) is an Act of Parliament (United Kingdom), Act of Parliament of the United Kingdom which received royal assent on 9 November 1998, and came into force on 2 October 2000. Its aim was to incorporate into UK law the ...
, courts have been expressly required to interpret law to be compatible with the
European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is a Supranational law, supranational convention to protect human rights and political freedoms in Europe. Draf ...
. This follows a longer tradition of courts interpreting the law to be compatible with
international law International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generall ...
obligations. It is generally accepted that the British courts do not merely apply but also create new law through their interpretative function: this is obvious in the
common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
and equity, where there is no codified statutory basis for large parts of the law, such as
contracts A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of thos ...
,
torts A tort is a civil wrong, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with c ...
or trusts. This also means an element of retroactivity, since an application of developing rules may differ from at least one party's understanding of the law in any conflict. Although formally the British judiciary may not declare an Act of Parliament "unconstitutional", in practice the judiciary's power to interpret the law so as to be compatible with human rights can render a statute inoperative, much like in other countries. The courts do so sparingly because they recognise the importance of the democratic process. Judges may also sit from time to time on public inquiries. The independence of the judiciary is one of the cornerstones of the constitution, and means in practice that judges cannot be dismissed from office. Since the Act of Settlement 1700, no judge has been removed, as to do so the King must act on address by both Houses of Parliament. It is very likely that a judge would never be dismissed, not merely because of formal rules but a "shared constitutional understanding" of the importance of the integrity of the legal system. This is reflected, for example, in the '' sub judice'' rule that matters awaiting decision in court should not be prejudged in a Parliamentary debate. The
Lord Chancellor The Lord Chancellor, formally titled Lord High Chancellor of Great Britain, is a senior minister of the Crown within the Government of the United Kingdom. The lord chancellor is the minister of justice for England and Wales and the highest-ra ...
, once head of the judiciary but now simply a government minister, also has a statutory duty to uphold the independence of the judiciary, for instance, against attacks upon their integrity by media, corporations, or the government itself. Members of the judiciary can be appointed from among any member of the legal profession who has over 10 years of experience having rights of audience before a court: this usually includes barristers, but can also mean solicitors or academics. Appointments should be made "solely on merit" but regard may be had to the need for diversity when two candidates have equal qualifications. For appointments to the Supreme Court, a five-member Judicial Appointments Committee is formed including one Supreme Court judge, three members from the Judicial Appointments Commission, and one lay person. For other senior judges such as those on the Court of Appeal, or for the Lord Chief Justice, Master of the Rolls, or the heads of the High Court divisions, a similar five member panel with two judges is formed. Gender and ethnic diversity is lacking in the British judiciary compared to other developed countries, and potentially compromises the expertise and administration of justice. Backing up the judiciary is a considerable body of administrative law. The Contempt of Court Act 1981 enables a court to hold anyone in contempt, and commit the person to imprisonment, for violating a court order, or behaviour that could compromise a fair judicial process. In practice this is enforced by the executive. The
Lord Chancellor The Lord Chancellor, formally titled Lord High Chancellor of Great Britain, is a senior minister of the Crown within the Government of the United Kingdom. The lord chancellor is the minister of justice for England and Wales and the highest-ra ...
heads the Ministry of Justice, which performs various functions including administering the Legal Aid Agency for people who cannot afford access to the courts. In '' R (UNISON) v Lord Chancellor'' the government suffered scathing criticism for creating high fees that cut the number of applicants to employment tribunals by 70 per cent. The Attorney General of England and Wales, and in Scottish matters, the Advocate General for Scotland, and the Solicitor General for England and Wales represent the Crown in litigation. The Attorney General also appoints the Director of Public Prosecutions who heads the Crown Prosecution Service, which reviews cases submitted by the police for prosecution, and conducts them on behalf of the Crown.


Executive

The executive branch, while subservient to Parliament and judicial oversight, exercises day to day power of the British government. The UK remains a
constitutional monarchy Constitutional monarchy, also known as limited monarchy, parliamentary monarchy or democratic monarchy, is a form of monarchy in which the monarch exercises their authority in accordance with a constitution and is not alone in making decisions. ...
. The formal
head of state A head of state is the public persona of a sovereign state.#Foakes, Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representative of its international persona." The name given to the office of head of sta ...
is His Majesty
King King is a royal title given to a male monarch. A king is an Absolute monarchy, absolute monarch if he holds unrestricted Government, governmental power or exercises full sovereignty over a nation. Conversely, he is a Constitutional monarchy, ...
Charles III Charles III (Charles Philip Arthur George; born 14 November 1948) is King of the United Kingdom and the 14 other Commonwealth realms. Charles was born at Buckingham Palace during the reign of his maternal grandfather, King George VI, and ...
, a hereditary monarch since 2022. No Queen or King has withheld assent to any bill passed by Parliament since 1708, and all constitutional duties and power are accepted by binding convention to have shifted to the
prime minister A prime minister or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. A prime minister is not the head of state, but r ...
, Parliament or the courts. Over the 17th century, the Petition of Right was asserted by Parliament to prevent any taxation by the monarch without Parliament's consent, and the Habeas Corpus Act 1640 denied the monarch any power to arrest people for failing to pay taxes. The monarch's continued assertion of the divine right to rule led to Charles I being executed in the
English Civil War The English Civil War or Great Rebellion was a series of civil wars and political machinations between Cavaliers, Royalists and Roundhead, Parliamentarians in the Kingdom of England from 1642 to 1651. Part of the wider 1639 to 1653 Wars of th ...
, and finally the settlement of power in the
Bill of Rights 1689 The Bill of Rights 1689 (sometimes known as the Bill of Rights 1688) is an Act of Parliament (United Kingdom), act of the Parliament of England that set out certain basic civil rights and changed the succession to the Monarchy of England, Engl ...
. Following the
Act of Union 1707 The Acts of Union refer to two acts of Parliament, one by the Parliament of Scotland in March 1707, followed shortly thereafter by an equivalent act of the Parliament of England. They put into effect the international Treaty of Union agree ...
and an early financial crisis as South Sea Company shares crashed,
Robert Walpole Robert Walpole, 1st Earl of Orford (; 26 August 1676 – 18 March 1745), known between 1725 and 1742 as Sir Robert Walpole, was a British Whigs (British political party), Whig statesman who is generally regarded as the ''de facto'' first Prim ...
emerged as a dominant political figure. Leading the House of Commons from 1721 to 1742, Walpole is generally acknowledged to be the first
prime minister A prime minister or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. A prime minister is not the head of state, but r ...
(''
Primus inter pares is a Latin phrase meaning first among equals. It is typically used as an honorary title for someone who is formally equal to other members of their group but is accorded unofficial respect, traditionally owing to their seniority in office. H ...
''). The PM's modern functions include leading the dominant political party, setting policy priorities, creating Ministries and appointing ministers, judges, peers, and civil servants. The PM also has considerable control through the convention of collective responsibility (that ministers must publicly support the government even when they privately disagree, or resign), and control over the government's communications to the public. By contrast in law, as is necessary in a democratic society, the monarch is a figurehead with no political power, but a series of ceremonial duties, and considerable funding. Aside from private wealth and finance, the monarchy is funded under the Sovereign Grant Act 2011, which reserves 25 per cent of the net revenue from the Crown Estate. The Crown Estate is a public, government corporation, which in 2015 held £12 billion in investments, mostly land and property, and therefore generates income by charging rent to businesses or people for homes. The monarch's major ceremonial duties are to appoint the
prime minister A prime minister or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. A prime minister is not the head of state, but r ...
who can command the majority of the
House of Commons The House of Commons is the name for the elected lower house of the Bicameralism, bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of ...
, to give royal assent to Acts of Parliament, and to dissolve Parliament upon the calling of an election. Minor ceremonial duties include giving an audience to the Prime Minister, as well as visiting ministers or diplomats from the Commonwealth, and acting on state occasions, such as delivering the " King's speech" (written by the government, outlining its political platform) at the opening of Parliament. Public support for the monarchy remains high, with only 21% of the population preferring a republic instead. However, on the other hand, it has been argued that the UK should abolish the monarchy, on the ground that hereditary inheritance of political office has no place in a modern democracy. A referendum was held in Australia, in 1999 on becoming a Republic, but failed to get a majority. Although called the
royal prerogative The royal prerogative is a body of customary authority, Privilege (law), privilege, and immunity recognised in common law (and sometimes in Civil law (legal system), civil law jurisdictions possessing a monarchy) as belonging to the monarch, so ...
, a series of important powers that were once vested in the king or queen are now exercised by government, and the
prime minister A prime minister or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. A prime minister is not the head of state, but r ...
in particular. These are powers of day-to-day management, but tightly constrained to ensure that executive power cannot usurp Parliament or the courts. In the '' Case of Prohibitions'' in 1607, it was held that the royal prerogative could not be used to determine court cases, and in the '' Case of Proclamations'' in 1610 it was held new prerogative powers could not be created by the executive.'' Case of Proclamations'' [1610
EWHC KB J22
/ref> It is also clear that no exercise of the prerogative can compromise any right contained in an Act of Parliament. So, for instance, in '' R (Miller) v Secretary of State for Exiting the European Union'' the Supreme Court held that the Prime Minister could not notify the
European Commission The European Commission (EC) is the primary Executive (government), executive arm of the European Union (EU). It operates as a cabinet government, with a number of European Commissioner, members of the Commission (directorial system, informall ...
of an intention to leave under Article 50 of the Treaty on European Union without an Act of Parliament, because it could result in rights being withdrawn that were granted under the European Communities Act 1972, such as the right to work in other EU member states or vote in
European Parliament The European Parliament (EP) is one of the two legislative bodies of the European Union and one of its seven institutions. Together with the Council of the European Union (known as the Council and informally as the Council of Ministers), it ...
elections. Though royal prerogative powers can be categorised in different ways, there are around 15. First, the executive may create hereditary titles, confer honours and create peers. Second, the executive can legislate by an Order in Council, though this has been called an 'anachronistic survival'. Third, the executive can create and administer financial benefits schemes. Fourth, through the Attorney General the executive can stop prosecutions or pardon convicted offenders after taking advice. Fifth, the executive may acquire more territory or alter limits of British territorial waters. Sixth, the executive may expel aliens and theoretically restrain people from leaving the UK. Seventh, the executive can sign treaties, although before it is considered ratified the treaty must be laid before Parliament for 21 days and there must be no resolution against it. Eighth, the executive governs the armed forces and can do "all those things in an emergency which are necessary for the conduct of war". The executive cannot declare war without Parliament by convention, and in any case has no hope in funding war without Parliament. Ninth, the Prime Minister can appoint ministers, judges, public officials or royal commissioners. Tenth, the monarch needs to pay no tax, unless statute states it expressly. Eleventh, the executive may by
royal charter A royal charter is a formal grant issued by a monarch under royal prerogative as letters patent. Historically, they have been used to promulgate public laws, the most famous example being the English Magna Carta (great charter) of 1215, but ...
create corporations, such as the BBC, and franchises for markets, ferries and fisheries. Twelfth, the executive has the right to mine precious metals, and to take treasure troves. Thirteenth, it may make coins. Fourteenth, it can print or license the authorised version of the Bible, Book of Common Prayer and state papers. And fifteenth, subject to modern
family law Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations. Overview Subjects that commonly fall under a nation's body of family law include: * Marriag ...
, it may take guardianship of infants. In addition to these royal prerogative powers, there are innumerable powers explicitly laid down in statutes enabling the executive to make legal changes. This includes a growing number of
Henry VIII Henry VIII (28 June 149128 January 1547) was King of England from 22 April 1509 until his death in 1547. Henry is known for his Wives of Henry VIII, six marriages and his efforts to have his first marriage (to Catherine of Aragon) annulled. ...
clauses, which enable a Secretary of State to alter provisions of primary legislation. For this reason it has often been argued that executive authority should be reduced, written into statute, and never used to deprive people of rights without Parliament. All uses of the prerogative, however, are subject to judicial review: in the '' GCHQ case'' the House of Lords held that no person could be deprived of legitimate expectations by use of the royal prerogative. Although the Prime Minister is the head of Parliament, His Majesty's Government is formed by a larger group of Members of Parliament, or peers. The " cabinet" is a still smaller group of 22 or 23 people, though only twenty ministers may be paid. Each minister typically heads a Department or Ministry, which can be created or renamed by prerogative. Cabinet committees are usually organised by the Prime Minister. Every minister is expected to follow collective responsibility, and the Ministerial Code 2010. This includes rules that Ministers are "expected to behave in a way that upholds the highest standards of propriety", "give accurate and truthful information to Parliament", resign if they "knowingly mislead Parliament", to be "as open as possible", have no possible conflicts of interest and give a full list of interests to a permanent secretary, and only "remain in office for so long as they retain the confidence of the Prime Minister". Constitutional Reform and Governance Act 2010 s 3, putting management of the civil service into statute. Civil Service Management Code s 11.1.1, civil servants employed at pleasure of the Crown, theoretically lacking a wrongful dismissal remedy according to somewhat outdated case law: '' Dunn v R'' 8961 QB 116 and '' Riordan v War Office'' 9591 WLR 1046, but under the
Employment Rights Act 1996 The Employment Rights Act 1996 (c. 18) is a United Kingdom Act of Parliament (United Kingdom), Act of Parliament passed by the Conservative Party (UK), Conservative government to codify existing law on individual rights in UK labour law. Histo ...
s 191, civil servants expressly have the right to claim
unfair dismissal In labour law, unfair dismissal is an act of employment termination made without good reason or contrary to the country's specific legislation. Situation per country Australia Australia has long-standing protection for employees in relation to ...
.
Assisting ministers is a modern
civil service The civil service is a collective term for a sector of government composed mainly of career civil service personnel hired rather than elected, whose institutional tenure typically survives transitions of political leadership. A civil service offic ...
and network of government bodies, who are employed at the pleasure of the Crown. The Civil Service Code requires civil servants to show "high standards of behaviour", uphold core values of "integrity, honesty, objectivity and impartiality", and never put themselves in a position that "might reasonably be seen to compromise their personal judgment or integrity". Since the Freedom of Information Act 2000, it has been expected that government should be open about information, and should disclose it upon a request unless disclosure would compromise personal data, security or may run against the public interest. In this way the trend has been to more open, transparent and accountable governance.


Local government

The constitution of British regional governments is an uncodified patchwork of authorities, mayors, councils and devolved government. In
Wales Wales ( ) is a Countries of the United Kingdom, country that is part of the United Kingdom. It is bordered by the Irish Sea to the north and west, England to the England–Wales border, east, the Bristol Channel to the south, and the Celtic ...
,
Scotland Scotland is a Countries of the United Kingdom, country that is part of the United Kingdom. It contains nearly one-third of the United Kingdom's land area, consisting of the northern part of the island of Great Britain and more than 790 adjac ...
,
Northern Ireland Northern Ireland ( ; ) is a Countries of the United Kingdom, part of the United Kingdom in the north-east of the island of Ireland. It has been #Descriptions, variously described as a country, province or region. Northern Ireland shares Repub ...
and
London London is the Capital city, capital and List of urban areas in the United Kingdom, largest city of both England and the United Kingdom, with a population of in . London metropolitan area, Its wider metropolitan area is the largest in Wester ...
unified district or borough councils have local government powers, and since 1998 to 2006 new regional assemblies or Parliaments exercise extra powers devolved from Westminster. In
England England is a Countries of the United Kingdom, country that is part of the United Kingdom. It is located on the island of Great Britain, of which it covers about 62%, and List of islands of England, more than 100 smaller adjacent islands. It ...
, there are 55 unitary authorities in the larger towns (e.g. Bristol, Brighton, Milton Keynes) and 36 metropolitan boroughs (surrounding Liverpool, Manchester, Leeds, Birmingham, Sheffield, and Newcastle) which function as unitary local authorities. In other parts of England, local government is split between two tiers of authority: 32 larger County Councils, and within those 192 District Councils, each sharing different functions. Since 1994, England has had eight regions for administrative purposes at Whitehall, yet these have no regional government or democratic assembly (like in London, Scotland, Wales or Northern Ireland) after a 2004 referendum on North East Assembly failed. This means that England has among the most centralised, and disunified systems of governance in the Commonwealth and Europe. Three main issues in local government are the authorities' financing, their powers, and the reform of governance structures. First, councils raise revenue from Council Tax (charged on local residents according to property values in 1993) and business rates charged on businesses with operations in the locality. These powers are, compared to other countries, extreme in limiting local government autonomy, and taxes can be subjected to a local referendum if the Secretary of State determines they are excessive. In real terms since 2010, central government cut local council funding by nearly 50 per cent, and real spending fell by 21 per cent, as councils failed to make up cuts through business rates. Unitary authorities and district councils are responsible for administering council tax and business rates. The duties of British local governments are also extremely limited compared to other countries, but also uncodified so that in 2011 the Department for Communities and Local Government enumerated 1340 specific duties of local authorities. Generally, the Localism Act 2011 section 1 states local authorities may do anything an individual person may do, unless prohibited by law, but this provision has little effect because human beings or
companies A company, abbreviated as co., is a legal entity representing an association of legal people, whether natural, juridical or a mixture of both, with a specific objective. Company members share a common purpose and unite to achieve specifi ...
cannot tax or regulate other people in the way that governments must. The
Local Government Act 1972 The Local Government Act 1972 (c. 70) is an act of the Parliament of the United Kingdom that reformed local government in England and Wales on 1 April 1974. It was one of the most significant acts of Parliament to be passed by the Heath Gov ...
section 101 says that a local authority can discharge its functions through a committee or any officer, and can transfer functions to another authority, while section 111 gives authorities the power to do anything including spending or borrowing 'which is calculated to facilitate, or is conducive or incidental to, the discharge of any of their functions'. However, the real duties of local council are found in hundreds of scattered Acts and statutory instruments. These include duties to administer planning consent, to carry out compulsory purchasing according to law, to administer school education, libraries, care for children, roads or highway maintenance and local buses, provide care for the elderly and disabled, prevent pollution and ensure clean air, ensure collection, recycling and disposal of waste, regulate building standards, provide social and affordable housing, and shelters for the homeless. Local authorities do not yet have powers common in other countries, such as setting minimum wages, regulating rents, or borrowing and taxing as is necessary in the public interest, which frustrates objectives of pluralism, localism and autonomy. Since 2009, authorities have been empowered to merge into 'combined authorities' and to have an elected mayor. This has been done around Manchester, Sheffield, Liverpool, Newcastle, Leeds, Birmingham, the Tees Valley, Bristol and Peterborough. The functions of an elected mayor are not substantial, but can include those of Police and Crime Commissioners.


Devolved governments

Scotland Scotland is a Countries of the United Kingdom, country that is part of the United Kingdom. It contains nearly one-third of the United Kingdom's land area, consisting of the northern part of the island of Great Britain and more than 790 adjac ...
,
Wales Wales ( ) is a Countries of the United Kingdom, country that is part of the United Kingdom. It is bordered by the Irish Sea to the north and west, England to the England–Wales border, east, the Bristol Channel to the south, and the Celtic ...
and
Northern Ireland Northern Ireland ( ; ) is a Countries of the United Kingdom, part of the United Kingdom in the north-east of the island of Ireland. It has been #Descriptions, variously described as a country, province or region. Northern Ireland shares Repub ...
have their own devolved governments and national parliament, similar to state or provincial governments in other countries. The extent of devolution differs in each place. The Scotland Act 1998 created a unicameral
Scottish Parliament The Scottish Parliament ( ; ) is the Devolution in the United Kingdom, devolved, unicameral legislature of Scotland. It is located in the Holyrood, Edinburgh, Holyrood area of Edinburgh, and is frequently referred to by the metonym 'Holyrood'. ...
with 129 elected members each four years: 73 from single member constituencies with simple majority vote, and 56 from additional member systems of proportional representation. Under section 28, the Scottish Parliament can make any laws except for on 'reserved matters' listed in Schedule 5. These powers, reserved for the British Parliament, include foreign affairs, defence, finance, economic planning, home affairs, trade and industry, social security, employment, broadcasting, and equal opportunities. By convention, members of the British Parliament from Scottish constituencies do not vote on issues that the Scottish Parliament has exercised power over. This is the most powerful regional government so far. The Northern Ireland Act 1998 lists which matters are transferred to the Northern Ireland Assembly. The
Government of Wales Act 1998 A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government is a ...
created a 60-member national assembly with elections every four years, and set out twenty fields of government competence, with some exceptions. The fields include agriculture, fisheries, forestry and rural development, economic development, education, environmental policy, health, highways and transport, housing, planning, and some aspects of social welfare. The Supreme Court has tended to interpret these powers in favour of devolution.


Human rights

Codification of
human rights Human rights are universally recognized Morality, moral principles or Social norm, norms that establish standards of human behavior and are often protected by both Municipal law, national and international laws. These rights are considered ...
is recent, but before the
Human Rights Act 1998 The Human Rights Act 1998 (c. 42) is an Act of Parliament (United Kingdom), Act of Parliament of the United Kingdom which received royal assent on 9 November 1998, and came into force on 2 October 2000. Its aim was to incorporate into UK law the ...
and the
European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is a Supranational law, supranational convention to protect human rights and political freedoms in Europe. Draf ...
, British law had one of the world's longest human rights traditions.
Magna Carta (Medieval Latin for "Great Charter"), sometimes spelled Magna Charta, is a royal charter of rights agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215. First drafted by the Archbishop of Canterbury, Cardin ...
bound the King to require Parliament's consent before any tax, respect the right to a trial "by lawful judgment of his Peers, or by the Law of the Land", stated that "We will sell to no man, we will not deny or defer to any man either Justice or Right", guaranteed free movement for people, and preserved common land for everyone. After the
English Civil War The English Civil War or Great Rebellion was a series of civil wars and political machinations between Cavaliers, Royalists and Roundhead, Parliamentarians in the Kingdom of England from 1642 to 1651. Part of the wider 1639 to 1653 Wars of th ...
the
Bill of Rights 1689 The Bill of Rights 1689 (sometimes known as the Bill of Rights 1688) is an Act of Parliament (United Kingdom), act of the Parliament of England that set out certain basic civil rights and changed the succession to the Monarchy of England, Engl ...
in England and Wales, and the Claim of Rights Act 1689 in Scotland, enshrined principles of representative democracy, no tax without Parliament, freedom of speech in Parliament, and no "cruel and unusual punishment". By 1789, these ideas evolved and inspired both the US Bill of Rights, and the
Declaration of the Rights of Man and of the Citizen The Declaration of the Rights of Man and of the Citizen (), set by France's National Constituent Assembly in 1789, is a human and civil rights document from the French Revolution; the French title can be translated in the modern era as "Decl ...
after the American and French Revolutions. Although some labelled natural rights as "nonsense upon stilts", more legal rights were slowly developed by Parliament and the courts. In 1792, Mary Wollstonecraft began the British movement for women's rights and equality, while movements behind the Tolpuddle Martyrs and the Chartists drove reform for labour and democratic freedom. Upon the catastrophe of
World War II World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...
and
The Holocaust The Holocaust (), known in Hebrew language, Hebrew as the (), was the genocide of History of the Jews in Europe, European Jews during World War II. From 1941 to 1945, Nazi Germany and Collaboration with Nazi Germany and Fascist Italy ...
, the new
international law International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generall ...
order put the Universal Declaration of Human Rights 1948 at its centre, enshrining civil, political, economic, social and cultural rights. In 1950, the UK co-authored the
European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is a Supranational law, supranational convention to protect human rights and political freedoms in Europe. Draf ...
, enabling people to appeal to the
European Court of Human Rights The European Court of Human Rights (ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights (ECHR). The court hears applications alleging that a co ...
in
Strasbourg Strasbourg ( , ; ; ) is the Prefectures in France, prefecture and largest city of the Grand Est Regions of France, region of Geography of France, eastern France, in the historic region of Alsace. It is the prefecture of the Bas-Rhin Departmen ...
even against Acts of Parliament: Parliament has always undertaken to comply with basic principles of
international law International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generall ...
. Because this appeals process was long, Parliament legislated to "bring rights home" with the
Human Rights Act 1998 The Human Rights Act 1998 (c. 42) is an Act of Parliament (United Kingdom), Act of Parliament of the United Kingdom which received royal assent on 9 November 1998, and came into force on 2 October 2000. Its aim was to incorporate into UK law the ...
, so that people can raise human rights claims in British courts based on the Convention directly. The Convention contains the rights to life, rights against torture, against forced labour, to marry, to an effective remedy, and the right to suffer no discrimination in those rights. Most case law concerns the rights to
liberty Liberty is the state of being free within society from oppressive restrictions imposed by authority on one's way of life, behavior, or political views. The concept of liberty can vary depending on perspective and context. In the Constitutional ...
,
privacy Privacy (, ) is the ability of an individual or group to seclude themselves or information about themselves, and thereby express themselves selectively. The domain of privacy partially overlaps with security, which can include the concepts of a ...
, freedom of conscience and
freedom of expression Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The rights, right to freedom of expression has been r ...
, and to
freedom of association Freedom of association encompasses both an individual's right to join or leave groups voluntarily, the right of the group to take collective action to pursue the interests of its members, and the right of an association to accept or decline membe ...
and assembly. The UK also enshrines rights to fair labour standards, social security, and a multitude of social and economic rights through its legislation.


Administrative law

Administrative law, through
judicial review Judicial review is a process under which a government's executive, legislative, or administrative actions are subject to review by the judiciary. In a judicial review, a court may invalidate laws, acts, or governmental actions that are in ...
, is essential to hold executive power and public bodies accountable under the law. In practice, constitutional principles emerge through cases of judicial review, because every public body, whose decisions affect people's lives, is created and bound by law. A person can apply to the High Court to challenge a public body's decision if they have a "sufficient interest", within three months of the grounds of the cause of action becoming known. By contrast, claims against public bodies in
tort A tort is a civil wrong, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with cri ...
or
contract A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of thos ...
, where the Limitation Act 1980 usually sets the period as 6 years. Almost any public body, or private bodies exercising public functions, can be the target of judicial review, including a government department, a local council, any Minister, the Prime Minister, or any other body that is created by law. The only public body whose decisions cannot be reviewed is Parliament, when it passes an Act. Otherwise, a claimant can argue that a public body's decision was unlawful in five main types of case: (1) it exceeded the lawful power of the body, used its power for an improper purpose, or acted unreasonably, (2) it violated a legitimate expectation, (3) failed to exercise relevant and independent judgement, (4) exhibited bias or a
conflict of interest A conflict of interest (COI) is a situation in which a person or organization is involved in multiple wikt:interest#Noun, interests, financial or otherwise, and serving one interest could involve working against another. Typically, this relates t ...
, or failed to give a fair hearing, and (5) violated a human right. As a remedy, a claimant can ask for the public body's decisions to be declared void and quashed (or ''
certiorari In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of a prerogative writ in England, issued by a superior court to direct that the recor ...
''), or it could ask for an order to make the body do something (or ''
mandamus A writ of (; ) is a judicial remedy in the English and American common law system consisting of a court order that commands a government official or entity to perform an act it is legally required to perform as part of its official duties, o ...
''), or prevent the body from acting unlawfully (or
prohibition Prohibition is the act or practice of forbidding something by law; more particularly the term refers to the banning of the manufacture, storage (whether in barrels or in bottles), transportation, sale, possession, and consumption of alcoholic b ...
). A court may also declare the parties' rights and duties, give an
injunction An injunction is an equitable remedy in the form of a special court order compelling a party to do or refrain from doing certain acts. It was developed by the English courts of equity but its origins go back to Roman law and the equitable rem ...
, or compensation could also be payable in
tort A tort is a civil wrong, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with cri ...
or
contract A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of thos ...
.


History

The history of the British constitution, though officially beginning in 1800, traces back to a time long before the four nations of
England England is a Countries of the United Kingdom, country that is part of the United Kingdom. It is located on the island of Great Britain, of which it covers about 62%, and List of islands of England, more than 100 smaller adjacent islands. It ...
,
Scotland Scotland is a Countries of the United Kingdom, country that is part of the United Kingdom. It contains nearly one-third of the United Kingdom's land area, consisting of the northern part of the island of Great Britain and more than 790 adjac ...
,
Wales Wales ( ) is a Countries of the United Kingdom, country that is part of the United Kingdom. It is bordered by the Irish Sea to the north and west, England to the England–Wales border, east, the Bristol Channel to the south, and the Celtic ...
and
Ireland Ireland (, ; ; Ulster Scots dialect, Ulster-Scots: ) is an island in the North Atlantic Ocean, in Northwestern Europe. Geopolitically, the island is divided between the Republic of Ireland (officially Names of the Irish state, named Irelan ...
were fully formed. Before the Norman Invasion of 1066, the written history of law was scant. Following the conquest, according to the legal record Laws of Edward the Confessor, in 1070
William the Conqueror William the Conqueror (Bates ''William the Conqueror'' p. 33– 9 September 1087), sometimes called William the Bastard, was the first Norman king of England (as William I), reigning from 1066 until his death. A descendant of Rollo, he was D ...
, on the advice of the King's Council ('' Curia Regis''), summoned nobles learned in the law from all parts of the country in order to learn the established laws and customs. After hearing from 12 men from each county on oath, he expressed the wish to establish Norse law as the common law in England under one
monarch A monarch () is a head of stateWebster's II New College Dictionary. "Monarch". Houghton Mifflin. Boston. 2001. p. 707. Life tenure, for life or until abdication, and therefore the head of state of a monarchy. A monarch may exercise the highest ...
, because his ancestors and those of his Norman barons all came from Norway. He was, however, persuaded by those summoned, that the laws of the Britons, English and Picts should remain in force 'because it was hard to adopt laws and to judge according to those that they did not know'. It is recorded that 'Finally, by the counsel and at the request of his barons, he acquiesced' and authorised and confirmed the laws as they were under
Edward the Confessor Edward the Confessor ( 1003 – 5 January 1066) was King of England from 1042 until his death in 1066. He was the last reigning monarch of the House of Wessex. Edward was the son of Æthelred the Unready and Emma of Normandy. He succeede ...
. The
Domesday Book Domesday Book ( ; the Middle English spelling of "Doomsday Book") is a manuscript record of the Great Survey of much of England and parts of Wales completed in 1086 at the behest of William the Conqueror. The manuscript was originally known by ...
was compiled in 1086 cataloguing all land and labour to levy
taxes A tax is a mandatory financial charge or levy imposed on an individual or legal entity by a governmental organization to support government spending and public expenditures collectively or to regulate and reduce negative externalities. Tax co ...
. Just 12 per cent of people were free, while the feudal system made others serfs, slaves or bordars and cottars. Henry II, who became the monarch in 1154, established the
common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
by creating a unified system of law "common" to the country. In 1190 Richard the Lionheart, more closely tied with the Pope in Rome, joined the Third Crusade to invade the
Holy Land The term "Holy Land" is used to collectively denote areas of the Southern Levant that hold great significance in the Abrahamic religions, primarily because of their association with people and events featured in the Bible. It is traditionall ...
, but at great cost. Taxes levied by Richard I, and his successor King John to pay for the wars led to intense discontent, and the aristocracy forcing the King to sign
Magna Carta (Medieval Latin for "Great Charter"), sometimes spelled Magna Charta, is a royal charter of rights agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215. First drafted by the Archbishop of Canterbury, Cardin ...
1215. This was a commitment to hold 'common counsel' before any taxation, hold courts at a fixed place, hold trials according to law or before an accused's peers, guarantee free movement of people for trade, and give back common land. Failure to abide by Magna Carta led to the
First Barons' War The First Barons' War (1215–1217) was a civil war in the Kingdom of England in which a group of rebellious major landowners (commonly referred to as English feudal barony, barons) led by Robert Fitzwalter waged war against John of England, K ...
, and the popular legend of
Robin Hood Robin Hood is a legendary noble outlaw, heroic outlaw originally depicted in English folklore and subsequently featured in literature, theatre, and cinema. According to legend, he was a highly skilled archer and swordsman. In some versions o ...
emerged: a returned crusader who robbed from the rich to give to the poor. The commitments on common land were soon recast in the Charter of the Forest 1217, signed at St Paul's by Henry III. These documents established that the monarch, even with apparent authority from
God In monotheistic belief systems, God is usually viewed as the supreme being, creator, and principal object of faith. In polytheistic belief systems, a god is "a spirit or being believed to have created, or for controlling some part of the un ...
, was bound by law, and it remains 'the nearest approach to an irrepealable "fundamental statute" that England has ever had.' Throughout the
Middle Ages In the history of Europe, the Middle Ages or medieval period lasted approximately from the 5th to the late 15th centuries, similarly to the post-classical period of global history. It began with the fall of the Western Roman Empire and ...
, common land was a source of welfare for common people, peasant labourers bound by a feudal system of control. In 1348, the
Black Death The Black Death was a bubonic plague pandemic that occurred in Europe from 1346 to 1353. It was one of the list of epidemics, most fatal pandemics in human history; as many as people perished, perhaps 50% of Europe's 14th century population. ...
struck England, and killed around a third of the population. As peasants lost their lords, and there was a shortage of workers, wages rose. The King and Parliament responded with the Statute of Labourers 1351 to freeze wage rises. This led to the Peasants' Revolt of 1381, where leaders demanded an end to feudalism, and for everything to be held in common. Despite the revolt's violent repression, slavery and serfdom broke down, yet most people remained without any substantial liberty, in political or economic rights. As sheep farming became more profitable than agricultural work, enclosures of common land dispossessed more people, who turned into paupers and were punished. Under
Henry VIII Henry VIII (28 June 149128 January 1547) was King of England from 22 April 1509 until his death in 1547. Henry is known for his Wives of Henry VIII, six marriages and his efforts to have his first marriage (to Catherine of Aragon) annulled. ...
, to seal a divorce from
Catherine of Aragon Catherine of Aragon (also spelt as Katherine, historical Spanish: , now: ; 16 December 1485 – 7 January 1536) was List of English royal consorts, Queen of England as the Wives of Henry VIII, first wife of King Henry VIII from their marr ...
and marry
Anne Boleyn Anne Boleyn (; 1501 or 1507 – 19 May 1536) was List of English royal consorts, Queen of England from 1533 to 1536, as the Wives of Henry VIII, second wife of King Henry VIII. The circumstances of her marriage and execution, by beheading ...
(who he soon beheaded for supposed infidelity), the
Church of England The Church of England (C of E) is the State religion#State churches, established List of Christian denominations, Christian church in England and the Crown Dependencies. It is the mother church of the Anglicanism, Anglican Christian tradition, ...
was declared separate from Rome in the Act of Supremacy 1534, with the King as the head. The Law in Wales Act 1535 united Wales and England in one administrative system, while the King became ever more despotic, executing the
Lord Chancellor The Lord Chancellor, formally titled Lord High Chancellor of Great Britain, is a senior minister of the Crown within the Government of the United Kingdom. The lord chancellor is the minister of justice for England and Wales and the highest-ra ...
, Sir Thomas More in 1535, and Dissolution of the monasteries and murdering those who resisted. After Henry VIII died, and power struggles following the death of his boy
Edward VI Edward VI (12 October 1537 – 6 July 1553) was King of England and King of Ireland, Ireland from 28 January 1547 until his death in 1553. He was crowned on 20 February 1547 at the age of nine. The only surviving son of Henry VIII by his thi ...
at age 15,
Elizabeth I Elizabeth I (7 September 153324 March 1603) was List of English monarchs, Queen of England and List of Irish monarchs, Ireland from 17 November 1558 until her death in 1603. She was the last and longest reigning monarch of the House of Tudo ...
, the daughter of Henry VIII and
Anne Boleyn Anne Boleyn (; 1501 or 1507 – 19 May 1536) was List of English royal consorts, Queen of England from 1533 to 1536, as the Wives of Henry VIII, second wife of King Henry VIII. The circumstances of her marriage and execution, by beheading ...
, took the throne in 1558. Half a century of prosperity followed as Elizabeth I avoided wars, and founded
corporations A corporation or body corporate is an individual or a group of people, such as an association or company, that has been authorized by the State (polity), state to act as a single entity (a legal entity recognized by private and public law as ...
including the
East India Company The East India Company (EIC) was an English, and later British, joint-stock company that was founded in 1600 and dissolved in 1874. It was formed to Indian Ocean trade, trade in the Indian Ocean region, initially with the East Indies (South A ...
to monopolise trade routes. Under her successor, James I, further companies were created to colonise North America, including the London Company and the
Virginia Company The Virginia Company was an English trading company chartered by King James I on 10 April 1606 with the objective of colonizing the eastern coast of America. The coast was named Virginia, after Elizabeth I, and it stretched from present-day ...
in 1606, and the Massachusetts Bay Company in 1628. Many religious dissidents left England to settle the new world. While Elizabeth I maintained a Protestant church, under her successor
James VI and I James VI and I (James Charles Stuart; 19 June 1566 – 27 March 1625) was King of Scotland as James VI from 24 July 1567 and King of England and King of Ireland, Ireland as James I from the union of the Scottish and English crowns on 24 M ...
, who unified the Scottish and English Crowns, religious and political tensions grew as he asserted a divine right of Kings. This prompted a series of cases from Sir
Edward Coke Sir Edward Coke ( , formerly ; 1 February 1552 – 3 September 1634) was an English barrister, judge, and politician. He is often considered the greatest jurist of the Elizabethan era, Elizabethan and Jacobean era, Jacobean eras. Born into a ...
, the Chief Justice of the Common Pleas and then King's Bench courts, which denied that the King could pass judgment in legal proceedings, and held that the
royal prerogative The royal prerogative is a body of customary authority, Privilege (law), privilege, and immunity recognised in common law (and sometimes in Civil law (legal system), civil law jurisdictions possessing a monarchy) as belonging to the monarch, so ...
was subject to the law and cannot be expanded. Coke CJ went even further in '' Dr Bonham's case'', holding that even that "the common law will control Acts of Parliament". Though supported by some judges, the idea that common law courts could nullify Acts of Parliament was rejected, and the common law was formally placed under the King's control in the '' Earl of Oxford's case'', establishing that equity (then administered by the
Lord Chancellor The Lord Chancellor, formally titled Lord High Chancellor of Great Britain, is a senior minister of the Crown within the Government of the United Kingdom. The lord chancellor is the minister of justice for England and Wales and the highest-ra ...
in the House of Lords) was above common law. Coke fell from favour, and was removed from judicial office. When Charles I succeeded to the throne in 1625, and more fervently asserted a divine right, including the ability to levy tax without Parliament, Coke and others presented the Petition of Right 1628. This demanded the King to abide by Magna Carta, levy no tax without Parliament, not arbitrarily commit people to prison, not have martial law in times of peace, and not billet soldiers in private homes. Charles I responded by shutting down or proroguing Parliament and taxing trade (or " ship money") without authority. The country descended into the
English Civil War The English Civil War or Great Rebellion was a series of civil wars and political machinations between Cavaliers, Royalists and Roundhead, Parliamentarians in the Kingdom of England from 1642 to 1651. Part of the wider 1639 to 1653 Wars of th ...
in 1642 culminating in the capture and execution of King Charles I on
Whitehall Whitehall is a road and area in the City of Westminster, Central London, England. The road forms the first part of the A roads in Zone 3 of the Great Britain numbering scheme, A3212 road from Trafalgar Square to Chelsea, London, Chelsea. It ...
in 1649 by the New Model Army led by
Oliver Cromwell Oliver Cromwell (25 April 15993 September 1658) was an English statesman, politician and soldier, widely regarded as one of the most important figures in British history. He came to prominence during the Wars of the Three Kingdoms, initially ...
. Cromwell, not wishing to become a King, became a ''de facto'' dictator. After his death, the monarchy was restored with Charles II in 1660, but his successor James VII and II again attempted to assert divine right to rule. In 1688,
Parliament In modern politics and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
'invited' a replacement King and Queen, William and Mary of Orange, and after a brief conflict forced James II out. Known as the
Glorious Revolution The Glorious Revolution, also known as the Revolution of 1688, was the deposition of James II and VII, James II and VII in November 1688. He was replaced by his daughter Mary II, Mary II and her Dutch husband, William III of Orange ...
, Parliament proclaimed a new
Bill of Rights 1689 The Bill of Rights 1689 (sometimes known as the Bill of Rights 1688) is an Act of Parliament (United Kingdom), act of the Parliament of England that set out certain basic civil rights and changed the succession to the Monarchy of England, Engl ...
, with a Claim of Right Act 1689 in Scotland, that cemented Parliamentary sovereignty. As well as reaffirming Magna Carta, it says the 'pretended power of suspending laws or the execution of laws by regal authority without consent of Parliament is illegal', that 'election of members of Parliament ought to be free', and that 'Parliament ought to be held frequently'. The justification for government itself, encapsulated by
John Locke John Locke (; 29 August 1632 (Old Style and New Style dates, O.S.) – 28 October 1704 (Old Style and New Style dates, O.S.)) was an English philosopher and physician, widely regarded as one of the most influential of the Enlightenment thi ...
in his '' Second Treatise on Government'' was the protection of people's rights: "lives, liberties and estates." With Parliamentary sovereignty as the cornerstone of the new constitution, Parliament proceeded to set up a system of finance in the Bank of England Act 1694 and the Act of Settlement 1700 created an independent system of justice: judges were salaried and could not be removed except by both Houses of Parliament, no member of the House of Commons could be paid by the Crown, and the Crown had to be Anglican. In 1703, '' Ashby v White'' established that the right to vote was a constitutional right. The
Acts of Union 1707 The Acts of Union refer to two acts of Parliament, one by the Parliament of Scotland in March 1707, followed shortly thereafter by an equivalent act of the Parliament of England. They put into effect the international Treaty of Union agree ...
, ratifying the Treaty of Union 1707, between the then-independent states of Scotland and England, resulted in them both merging their states to create a new state, Great Britain, and dissolving their parliaments to create a new Parliament, which gave Scottish electors representation in Westminster. The Treaty also stipulated that Scottish private law would continue under a Scottish court system. The new union was soon faced with disaster as in the
Treaty of Utrecht The Peace of Utrecht was a series of peace treaty, peace treaties signed by the belligerents in the War of the Spanish Succession, in the Dutch city of Utrecht between April 1713 and February 1715. The war involved three contenders for the vac ...
,
Spain Spain, or the Kingdom of Spain, is a country in Southern Europe, Southern and Western Europe with territories in North Africa. Featuring the Punta de Tarifa, southernmost point of continental Europe, it is the largest country in Southern Eur ...
granted the '' Asiento de Negros'' to Britain, allowing British merchants to sell slaves in Spanish America. The South Sea Company, incorporated to monopolise the ''asiento'' license, became the object of mass financial speculation, provoked by government ministers interested in its rising share price. When it transpired, contrary to promoters' stories, that no trade was done because the Spanish had revoked their promise the stock market crashed, driving economic chaos. This was made worse by the decision of conservative politicians to endorse the company to take over the national debt as an alternative financier to the government over the Whig dominated
Bank of England The Bank of England is the central bank of the United Kingdom and the model on which most modern central banks have been based. Established in 1694 to act as the Kingdom of England, English Government's banker and debt manager, and still one ...
. The result of the crash was that the
Chancellor of the Exchequer The chancellor of the exchequer, often abbreviated to chancellor, is a senior minister of the Crown within the Government of the United Kingdom, and the head of HM Treasury, His Majesty's Treasury. As one of the four Great Offices of State, t ...
was imprisoned in the
Tower of London The Tower of London, officially His Majesty's Royal Palace and Fortress of the Tower of London, is a historic citadel and castle on the north bank of the River Thames in central London, England. It lies within the London Borough of Tower Hamle ...
for his corruption, the Postmaster General committed suicide, and the disgraced Lord Chancellor was replaced with Lord King LC who promptly ruled that people in a position of trust must avoid any possibility of a conflict of interest. Out of the chaos,
Robert Walpole Robert Walpole, 1st Earl of Orford (; 26 August 1676 – 18 March 1745), known between 1725 and 1742 as Sir Robert Walpole, was a British Whigs (British political party), Whig statesman who is generally regarded as the ''de facto'' first Prim ...
emerged as a stable political figure who for 21 years held a majority of the House of Commons, and is now considered the first "
Prime Minister A prime minister or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. A prime minister is not the head of state, but r ...
". In 1765, '' Entick v Carrington'' established that the government could do nothing but that which was empowered by law, while the first teacher of English law,
William Blackstone Sir William Blackstone (10 July 1723 – 14 February 1780) was an English jurist, Justice (title), justice, and Tory (British political party), Tory politician most noted for his ''Commentaries on the Laws of England'', which became the best-k ...
represented the standard view in his '' Commentaries on the Laws of England'' that
slavery Slavery is the ownership of a person as property, especially in regards to their labour. Slavery typically involves compulsory work, with the slave's location of work and residence dictated by the party that holds them in bondage. Enslavemen ...
was unlawful and that "the spirit of liberty is so deeply ingrained in our constitution" any person enslaved in England must be freed. However, the
Atlantic slave trade The Atlantic slave trade or transatlantic slave trade involved the transportation by slave traders of Slavery in Africa, enslaved African people to the Americas. European slave ships regularly used the triangular trade route and its Middle Pass ...
had accelerated to the North American colonies. In 1772, when
Lord Mansfield William Murray, 1st Earl of Mansfield, (2 March 1705 – 20 March 1793), was a British judge, politician, lawyer, and peer best known for his reforms to English law. Born in Scone Palace, Perthshire, to a family of Peerage of Scotland, Scott ...
ruled in ''
Somerset v Stewart ''Somerset v Stewart'' (177298 ER 499(also known as ''Sommersett v Steuart'', Somersett's case, and the Mansfield Judgment) is a judgment of the English Court of King's Bench (England), Court of King's Bench in 1772, relating to the right of an ...
'' that slavery was unlawful at common law, this set off a wave of outrage in the southern colonies of America, whose economies were heavily dependent on slavery. Together with northern colonies' grievances over taxation without representation, this led to the
American Revolution The American Revolution (1765–1783) was a colonial rebellion and war of independence in which the Thirteen Colonies broke from British America, British rule to form the United States of America. The revolution culminated in the American ...
and
declaration of independence A declaration of independence is an assertion by a polity in a defined territory that it is independent and constitutes a state. Such places are usually declared from part or all of the territory of another state or failed state, or are breaka ...
in 1776. The British military failed to hold control. Instead, it began settling
Australia Australia, officially the Commonwealth of Australia, is a country comprising mainland Australia, the mainland of the Australia (continent), Australian continent, the island of Tasmania and list of islands of Australia, numerous smaller isl ...
from 1788. In 1789, the French Revolution broke out, and the French King was deposed with demands for "liberty, equality and fraternity". The British aristocracy reacted with repression on free speech and association to forestall any similar movement. While figures like
Jeremy Bentham Jeremy Bentham (; 4 February Dual dating, 1747/8 Old Style and New Style dates, O.S. 5 February 1748 Old Style and New Style dates, N.S.– 6 June 1832) was an English philosopher, jurist, and social reformer regarded as the founder of mo ...
called natural rights "nonsense upon stilts", Mary Wollstonecraft called for '' A Vindication of the Rights of Woman'' as well as men, arguing that unjust gender and class oppression flowed from "the respect paid to property... as from a poisoned fountain". While successful in the
Napoleonic Wars {{Infobox military conflict , conflict = Napoleonic Wars , partof = the French Revolutionary and Napoleonic Wars , image = Napoleonic Wars (revision).jpg , caption = Left to right, top to bottom:Battl ...
in defeating France, and cementing union with Ireland in the Act of Union 1800, liberty, freedom and democracy were scarcely protected in the new "United Kingdom". During this time, with the invention of the
steam engine A steam engine is a heat engine that performs Work (physics), mechanical work using steam as its working fluid. The steam engine uses the force produced by steam pressure to push a piston back and forth inside a Cylinder (locomotive), cyl ...
the
Industrial Revolution The Industrial Revolution, sometimes divided into the First Industrial Revolution and Second Industrial Revolution, was a transitional period of the global economy toward more widespread, efficient and stable manufacturing processes, succee ...
had begun. Poverty had also accelerated through the Speenhamland system of poor laws by subsidising employers and landowners with parish rates. The Corn Laws from 1815 further impoverished people by fixing prices to maintain landowner profits. While the
Great Reform Act 1832 The Representation of the People Act 1832 (also known as the Reform Act 1832, Great Reform Act or First Reform Act) was an act of the Parliament of the United Kingdom (indexed as 2 & 3 Will. 4. c. 45), enacted by the Whig government of Pri ...
extended the vote slightly, only those with property had any representation in Parliament. The 1833 Slavery Abolition Act abolished slavery within the British Empire, compensating slave owners and made ex-slaves in the colonies work for their owners for four to six years as indentured servants without pay; this was abolished in 1838 after public outcry. With the Poor Law Amendment Act 1834, further punishment for poverty was inflicted as people were put into work houses if found to be unemployed. In '' R v Lovelass'' a group of agricultural workers who formed a trade union were prosecuted and sentenced to be transported to Australia under the Unlawful Oaths Act 1797, triggering mass protests. A movement called Chartism grew demanding the right to vote for everyone in free and fair elections. As the great famine hit Ireland and millions migrated to the
United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
, Chartists staged a mass march from Kennington Common to Parliament in 1848 as revolutions broke out across Europe, and the '' Communist Manifesto'' was drafted by German revolutionary
Karl Marx Karl Marx (; 5 May 1818 – 14 March 1883) was a German philosopher, political theorist, economist, journalist, and revolutionary socialist. He is best-known for the 1848 pamphlet '' The Communist Manifesto'' (written with Friedrich Engels) ...
and Manchester factory owner
Friedrich Engels Friedrich Engels ( ;"Engels"
''Random House Webster's Unabridged Dictionary''.
Crimean War The Crimean War was fought between the Russian Empire and an alliance of the Ottoman Empire, the Second French Empire, the United Kingdom of Great Britain and Ireland, and the Kingdom of Sardinia (1720–1861), Kingdom of Sardinia-Piedmont fro ...
distracted from social reform and Viscount Palmerston opposed anything, the
American Civil War The American Civil War (April 12, 1861May 26, 1865; also known by Names of the American Civil War, other names) was a civil war in the United States between the Union (American Civil War), Union ("the North") and the Confederate States of A ...
of 1860 to 1865 ended slavery in the US, and the UK gradually enabled greater political freedom. In the Second Reform Act 1867 more middle class property owners were enfranchised, the Elementary Education Act 1870 provided free primary school, and the Trade Union Act 1871 enabled free association without criminal penalty. The Representation of the People Act 1884 reduced the property qualification further, so that around one third of men in Britain could vote. However, the act did not establish universal suffrage; 40% of men and all women could not vote. From the start of the 20th century, Britain underwent vast social and constitutional change, beginning with an attempt by the
House of Lords The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest ext ...
to suppress British trade unions. In response, the labour movement organised to support representatives in Parliament, and in the 1906 general election won 29 seats and supported the
Liberal Party The Liberal Party is any of many political parties around the world. The meaning of ''liberal'' varies around the world, ranging from liberal conservatism on the right to social liberalism on the left. For example, while the political systems ...
's programme of reform. This included a legal guarantee of the right of unions to collectively bargain and strike for fair wages, an old age pension, a system of minimum wages, a People's Budget with higher taxes on the wealthy to fund spending. After a further election brought by the
House of Lords The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest ext ...
blocking reform, Parliament pass a National Insurance system for welfare, and the Parliament Act 1911 prevented the House of Lords blocking legislation for more than two years, and removed the right to delay any money bills. Despite this, the Liberal government, against the opposition of Labour, armed for and entered the
First World War World War I or the First World War (28 July 1914 – 11 November 1918), also known as the Great War, was a World war, global conflict between two coalitions: the Allies of World War I, Allies (or Entente) and the Central Powers. Fighting to ...
. At the end of the War, with millions dead, Parliament passed the Representation of the People Act 1918 which enabled every adult male the vote, although it was only after the mass protest of the Suffragettes that the
Representation of the People (Equal Franchise) Act 1928 The Representation of the People (Equal Franchise) Act 1928 ( 18 & 19 Geo. 5. c. 12) was an act of the Parliament of the United Kingdom. This act expanded on the Representation of the People Act 1918 ( 7 & 8 Geo. 5. c. 64) which had given som ...
enabled all women to vote, and that the UK became democratic. The War also triggered uprising in Ireland, and an
Irish War of Independence The Irish War of Independence (), also known as the Anglo-Irish War, was a guerrilla war fought in Ireland from 1919 to 1921 between the Irish Republican Army (1919–1922), Irish Republican Army (IRA, the army of the Irish Republic) and Unite ...
leading to the partition of the island between the
Republic of Ireland Ireland ( ), also known as the Republic of Ireland (), is a country in Northwestern Europe, north-western Europe consisting of 26 of the 32 Counties of Ireland, counties of the island of Ireland, with a population of about 5.4 million. ...
in the south and
Northern Ireland Northern Ireland ( ; ) is a Countries of the United Kingdom, part of the United Kingdom in the north-east of the island of Ireland. It has been #Descriptions, variously described as a country, province or region. Northern Ireland shares Repub ...
in the Government of Ireland Act 1920. The Versailles Treaty at the end of the War demanded German reparations, beggaring the country through the 1920s and upon the
Great Depression The Great Depression was a severe global economic downturn from 1929 to 1939. The period was characterized by high rates of unemployment and poverty, drastic reductions in industrial production and international trade, and widespread bank and ...
leading to a fascist collapse under Hitler. The failed international law system, was replaced following the
Second World War World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...
with the
United Nations The United Nations (UN) is the Earth, global intergovernmental organization established by the signing of the Charter of the United Nations, UN Charter on 26 June 1945 with the stated purpose of maintaining international peace and internationa ...
where the UK held a permanent seat on the UN Security Council. However the
British Empire The British Empire comprised the dominions, Crown colony, colonies, protectorates, League of Nations mandate, mandates, and other Dependent territory, territories ruled or administered by the United Kingdom and its predecessor states. It bega ...
began to crumble as decolonization occurred Decolonization of Asia, in Asia, Decolonisation of Africa, Africa and Decolonization of the Americas, the Americas. To prevent any recurrence of the Holocaust and war, the
Council of Europe The Council of Europe (CoE; , CdE) is an international organisation with the goal of upholding human rights, democracy and the Law in Europe, rule of law in Europe. Founded in 1949, it is Europe's oldest intergovernmental organisation, represe ...
was established to draft the
European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is a Supranational law, supranational convention to protect human rights and political freedoms in Europe. Draf ...
in 1950. Further it was seen that the only way to prevent conflict was through economic integration. The European Economic Community, which became the
European Union The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are Geography of the European Union, located primarily in Europe. The u ...
in 1992, was supported by
Winston Churchill Sir Winston Leonard Spencer Churchill (30 November 1874 – 24 January 1965) was a British statesman, military officer, and writer who was Prime Minister of the United Kingdom from 1940 to 1945 (Winston Churchill in the Second World War, ...
with the UK to be "at the centre", although it did not enter until the European Communities Act 1972. Under Margaret Thatcher, significant cuts were made to public services, labour rights, and the powers of local government, including abolishing the
Greater London Council The Greater London Council (GLC) was the top-tier local government administrative body for Greater London from 1965 to 1986. It replaced the earlier London County Council (LCC) which had covered a much smaller area. The GLC was dissolved in 198 ...
. However some powers were restored with extensive devolution of power in the Scotland Act 1998, Northern Ireland Act 1998, Greater London Authority Act 1999 and the Government of Wales Act 2006. After many years of armed conflict in Northern Ireland, the Good Friday Agreement of 1998 brought peace. The
Human Rights Act 1998 The Human Rights Act 1998 (c. 42) is an Act of Parliament (United Kingdom), Act of Parliament of the United Kingdom which received royal assent on 9 November 1998, and came into force on 2 October 2000. Its aim was to incorporate into UK law the ...
empowered courts to apply Convention rights without the need for claimants to take cases to the Strasbourg court. The House of Lords Act 1999 reduced but did not eliminate hereditary peers. Since the 2008 financial crisis, a Conservative and Liberal Democrat coalition launched a programme of "austerity" cuts, and cemented their term in the Fixed-term Parliaments Act 2011. After 2015, however, early elections were held anyway in 2017, following a 2016 United Kingdom European Union membership referendum, referendum on EU membership that resulted in 51.89 per cent of people favouring to leave, and 48.11 per cent of voters favouring to remain.


Worldwide influence

Aspects of the British constitution were adopted in the constitutions and legal systems of other countries around the world, particularly those that were part of, or formerly part of, the
British Empire The British Empire comprised the dominions, Crown colony, colonies, protectorates, League of Nations mandate, mandates, and other Dependent territory, territories ruled or administered by the United Kingdom and its predecessor states. It bega ...
including the
United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
and those countries that adopted the Westminster parliamentary system. The British constitution is the source of the modern concepts of the
rule of law The essence of the rule of law is that all people and institutions within a Body politic, political body are subject to the same laws. This concept is sometimes stated simply as "no one is above the law" or "all are equal before the law". Acco ...
, parliamentary sovereignty and judicial independence and adoption of British constitutional principles propagated their spread around the world. One of the oldest constitutional systems in the world, dating back over one thousand years, it is characterised by the stability of its governing institutions, its capacity to absorb change, a bicameral legislature and the concept of responsible government.


Theory and reform

The legal scholar Eric Barendt argues that the uncodified nature of the United Kingdom constitution does not mean it should not be characterised as a "constitution", but also claims that the lack of an effective
separation of powers The separation of powers principle functionally differentiates several types of state (polity), state power (usually Legislature#Legislation, law-making, adjudication, and Executive (government)#Function, execution) and requires these operat ...
, and the fact that parliamentary sovereignty allows Parliament to overrule fundamental rights, makes it to some extent a "façade" constitution. Lord Scarman presents a spirited argument for a written constitution for the UK, but still refers to the Bill of Rights 1689, 1688 compromise and resulting Acts of Parliament as a constitution. A. V. Dicey identified that ultimately "the electorate are politically sovereign," and Parliament is legally sovereign. Barendt argues that the greater political party discipline in the
House of Commons The House of Commons is the name for the elected lower house of the Bicameralism, bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of ...
that has evolved since Dicey's era, and the reduction in checks on governmental power, has led to an excessively powerful government that is not legally constrained by the observance of fundamental rights. A Constitution would impose limits on what Parliament could do. To date, the Parliament of the UK has no limit on its power other than the possibility of extra-parliamentary action (by the people) and of other sovereign states (pursuant to treaties made by Parliament and otherwise). Proponents of a codified constitution argue it would strengthen the legal protection of democracy and freedom. As a strong advocate of the "unwritten constitution", Dicey highlighted that English rights were embedded in the general English
common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
of personal liberty, and "the institutions and manners of the nation". Opponents of a codified constitution argue that the country is not based on a founding document that tells its citizens who they are and what they can do. There is also a belief that any unwarranted encroachment on the spirit of constitutional authority would be stiffly resisted by the British people, a perception expounded by the 19th century American judge Joseph P. Bradley, Justice Bradley in the course of delivering his opinion in a case heard in Louisiana in 1873: "England has no written constitution, it is true; but it has an unwritten one, resting in the acknowledged, and frequently declared, privileges of Parliament and the people, to violate which in any material respect would produce a revolution in an hour." The Labour Party (UK), Labour government under prime minister Tony Blair instituted constitutional reforms in the late 1990s and early-to-mid 2000s. The effective incorporation of the
European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is a Supranational law, supranational convention to protect human rights and political freedoms in Europe. Draf ...
into British law through the
Human Rights Act 1998 The Human Rights Act 1998 (c. 42) is an Act of Parliament (United Kingdom), Act of Parliament of the United Kingdom which received royal assent on 9 November 1998, and came into force on 2 October 2000. Its aim was to incorporate into UK law the ...
has granted citizens specific positive rights and given the judiciary some power to enforce them. The courts can advise Parliament of primary legislation that conflicts with the Act by means of "Declarations of Incompatibility" – however Parliament is not bound to amend the law nor can the judiciary void any statute – and it can refuse to enforce, or "strike down", any incompatible secondary legislation. Any actions of government authorities that violate Convention rights are illegal except if mandated by an Act of Parliament. Changes also include the Constitutional Reform Act 2005 which alters the structure of the House of Lords to separate its judicial and legislative functions. For example, the legislative, judicial and executive functions of the
Lord Chancellor The Lord Chancellor, formally titled Lord High Chancellor of Great Britain, is a senior minister of the Crown within the Government of the United Kingdom. The lord chancellor is the minister of justice for England and Wales and the highest-ra ...
are now shared between the Lord Chancellor (executive), Lord Chief Justice (judicial) and the newly created post of Lord Speaker (legislative). The role of Law Lord (a member of the judiciary in the House of Lords) was abolished by transferring them to the new Supreme Court of the United Kingdom in October 2009. Gordon Brown launched a "Governance of Britain" process when he took over as PM in 2007. This was an ongoing process of constitutional reform with the Ministry of Justice (United Kingdom), Ministry of Justice as lead ministry. The Constitutional Reform and Governance Act 2010 is a piece of constitutional legislation. It enshrines in statute the impartiality and integrity of the British Civil Service and the principle of open and fair recruitment. It enshrines in law the Ponsonby Rule which requires that treaties are laid before Parliament before they can be ratified. The Coalition Government formed in May 2010 proposed a series of further constitutional reforms in their coalition agreement. Consequently, the Parliamentary Voting System and Constituencies Act 2011 and the Fixed-term Parliaments Act 2011 were passed, though the government of Boris Johnson subsequently Dissolution and Calling of Parliament Act 2022, repealed the latter in 2022. The Acts were intended to reduce the number of MPs in the House of Commons from 650 to 600, change the way the UK is divided into parliamentary constituencies, introduce 2011 United Kingdom Alternative Vote referendum, a referendum on changing the system used to elect MPs and take the power to dissolve Parliament away from the monarch. The Coalition also promised to introduce law on the reform of the House of Lords. In the referendum, the Alternative Vote system was rejected by 67% to 33%, and therefore all reforms regarding the voting system were dropped. Conservatives forced the government to drop House of Lords reforms, and the Liberal Democrats (UK), Liberal Democrats said they would refuse to support changes to the boundaries of constituencies, as they believed such changes favoured the Conservatives.


See also

*Human rights in the United Kingdom *British administrative law *United Kingdom labour law *English land law *English contract law *English trust law *Constitution Committee, House of Lords Constitution Committee *Political and Constitutional Reform Select Committee *Parliament in the Making *Royal Commission on the Constitution (United Kingdom) *Power Inquiry *Ancient constitution of England *United Kingdom constitutional law


Notes


References

;Articles *A Blick,
Magna Carta and contemporary constitutional change
(2015) History and Policy *V Bogdanor, T Khaitan and S Vogenauer, 'Should Britain have a written constitution?' (2007
78(4) Political Quarterly 499
* Briggs, Asa, “Trollope, Bagehot, and the English Constitution,” in Briggs, ''Victorian People'' (1955) pp. 87–115
online
*KD Ewing, 'The Resilience of the Political Constitution' (2013
14(12) German Law Journal 2111
*JAW Griffith, 'The Political Constitution' (1979
42(1) Modern Law Review 1
*F Kessler, 'Natural Law, Justice and Democracy—Some Reflections on Three Types of Thinking About Law and Justice' (1944
19 Tulane Law Review 32
*Lord Hoffmann, (2013
17 Oxford Law News 8-9
from a tribute at St John's Smith Square on 5 June 2013 *O Kahn-Freund, 'Autobiographical Memories of the Weimar Republic: A Conversation with Wolfgang Luthardt' (February 1978
KCL Law School Research Paper No. 2016-34
*J Laws, 'Law and Democracy' [1995] Public Law 72 *S Webb, 'Socialism: true and false. A lecture delivered to the Fabian Society' (21 January 1894) Fabian Tract, 51 *S Webb, 'The reform of the House of Lords' (1917) Fabian Tract, 183 ;Books *W Bagehot, ''The English Constitution'' (1867) * Lord Bingham of Cornhill, ''Rule of Law'' (2010) *AV Dicey, ''Introduction to the Study of the Law of the Constitution''
3rd edn 1889
*H Arendt, ''Eichmann in Jerusalem: A Report on the Banality of Evil'' (1963) *J Froissart, ''Froissart's Chronicles'' (1385) translated by GC Macaulay
1895
*I Jennings, ''A Federation for Western Europe''
1940
*J Locke, ''Two Treatises of Government''
1689Book II, An Essay Concerning the True Origin, Extent, and End of Civil Government
*FW Maitland, ''The Constitutional History of England''
CUP 1919
*JS Mill, ''On Liberty''
1859
*JS Mill, ''Considerations on Representative Government''
1861
*T More, ''Utopia (More book), Utopia'' (1516) translated by Gilbert Burnet
1901
*FL Neumann, ''Behemoth: The Structure and Practice of National Socialism, 1933-1944'' (1944) *FL Neumann, ''The Democratic and the Authoritarian State: Essays in Political and Legal Theory'' (1957) *C Turpin and A Tomkins, ''British Government and the Constitution'' (7th edition, CUP) *S Webb and B Webb, ''Industrial Democracy'' (1890) *S Webb, ''English Local Government'' (1906 through 1929) Volumes I–X ;Textbooks *AW Bradley, KD Ewing and CJS Knight, ''Constitutional and Administrative Law'' (2018) *H Kelsen, ''Principles of International Law''
1952
*A Le Sueur, M Sunkin and J Murkens, ''Public Law Text, Cases, and Materials'' (3rd edn 2016) *M Elliott and R Thomas, ''Public Law'' (3rd edn 2017) ;Other papers *C Gearty,
Are judges now out of their depth?
(2007) *D Jenkins,
From Unwritten to Written: Transformation in the British Common-Law Constitution
*J McEldowney

(2003) Written evidence to the Constitution Committee (House of Lords), House of Lords Select Committee on the Constitution. *


External links


The UK constitution
- The Constitution Society
Cabinet Office
- Constitutional Reform
articles about topic of Constitutional Reform
- The Guardian
Constitutional Reform
- United Kingdom Constitutional Law Association blog
Constitutional change in the UK and around the world
- UCL Constitution Unit
UK’s evolving territorial relationships
- University of Edinburgh Centre on Constitutional Change
Democratic Audit UK
active until 2020, site still accessible
Constitutional Law Chronology

Full Constitution of England
- Constitution Project
Constitutional Statutes
discussion of cases e.g. ''Robinson v Secretary of State for Northern Ireland'' [2002] UKHL 32, ''BH v Lord Advocate'' [2012] UKSC 24, ''R (HS2 Action Alliance Ltd) v Secretary of State for Transport'' [2014] UKSC 3. {{DEFAULTSORT:Constitution of the United Kingdom Constitution of the United Kingdom, Government of the United Kingdom Law of the United Kingdom Politics of the United Kingdom Uncodified constitutions