The British Constitution

Introduction 

England is one of those countries across the globe that does not have any written constitution. These countries basically follow the path of an “uncodified constitution”. There are some set of written rules and regulations that are followed by the government of the UK. These rules are basically established by the collaboration of English and Scottish laws along with the different treaties and agreements that are set internationally which is accepted by the UK. This form of “uncodified constitution” has been widely developed from the laws of the English people. There are many founding principles along with important laws that come from the consents and bills which were undertaken by the parliament of England prior to the establishment of the UK.

Discussion

About British Constitution

The parliament of England is often called “the mother of parliaments”, which has an existing span of more than seven centuries. The set of documents that belongs to England’s constitution is considered as the “MAGNA CARTA”, or “Great Charter of the Liberties of England”, which was drawn up by the barons and forced for the acceptance by King John in 1215. Hence the power of this accepted document guided the advancement of the laws of England over several centuries. This has also inspired a huge number of documents related to the constitutions that were drawn up by different countries. This remarkably included the constitution of the USA along with the global declaration of Human Rights.

Among the other different bills of landmarks which have set the major principles in the “British Constitution” are known to be the “English Bill of Rights”. This bill was passed just after the “Glorious Revolution of 1689” and the “Acts of Union 1707”. This has established the link between “England” and “Scotland” within a unified constitution of the UK.

Parliament and Constitution

In respect to the absence of a written constitution there was an argument about the powers of the government that can be implemented without the acceptance of Parliament. The experts of the constitution have also agreed about the consultation of the Parliament along with the voting, prior to the activation of “Article 50” of the “Treaty of Lisbon” by the Prime Minister in order to take the UK out from the “European Union”. They haven’t supported the idea of vote, debate and consultation of the Parliaments before the UK moves out of the European Government in the ending part of the long negotiation. A group of normal citizens asked the High Court to break off the activation of “Article 50” without the consent of the parliament in 2016. The High Court delivered the verdict on 3rd of November and later on it was confirmed through the Supreme Court on 24th January. Voting of the Parliament before the “Article 50” of “Treaty of Lisbon” needs to be activated and hence it did the same.

Common Law and the Constitution

“Common Law” is another strong aspect of the “uncodified constitution” of the UK after the Parliament. There is no “Penal Code” or “Civil Code” in Great Britain; however the “Common Law” plays a vital role which is based on the historic principles of choosing right or wrong. Despite being based on historical principles, the “Common Law” can be changed at any time along with the determination of the judges. This is the reason for the slower rate of evolution is being illustrated in order to reflect the changes in the social norms along with the society also. The evolution of the “Common Law” cannot be done with the inconsistency with the parliamentary law however the verdict of the “Common Law” can be challenged while appealing to the higher courts.

Other Elements of the British Constitution

Rights and the Obligations of the people are defined by several other elements. There are several global conventions along with treaties that define the legality of the methods such as human rights, marine pollution and so on. People of the UK also follow the European Law and as per the “Primacy principle” which consists through the “Charter” of the “European Union”, the laws of the EU can take over the laws of the UK if there is any situation of incompatibility.

Church and the State

Churches and their rituals in the UK are the ceremonial heritage of England. However, the Monarch is not responsible or does not have any authority for the running of the churches in England, whereas in the government he does have some responsibilities. Apart from that, bishops in the “House of Lords” have partial authority to take part in the debates within the house. They also don’t have the authority to oppose the legislation that are passed through the “House of Commons”.

Conclusion

The British Constitution is not documented unlike the other constitutions across the globe. Hence, it is concluded as uncodified, and therefore it has the power to change the laws at any point of time.“Common Law” is another strong aspect of the “un-codified constitution” of the UK after the Parliament.