The Nature and Sources of the British Constitution

Key Questions Answered

• What is a constitution?
• How do we evaluate a constitution?
• What are the general features of the British Constitution?
• What are the main sources of the British Constitution?
• What are the main milestones in the history and development of the British Constitution?
• What have been the main changes to the British Constitution since 1997 and how effective have they been?
• How well does the British Constitution and recent legislation protect citizens' rights?
• What are the differences between individual and collective rights, and how can they both clash and coincide?

Introduction

• Politics can be understood akin to a sporting event where players (politicians) compete under a set of rules (constitution).
• Understanding a country's politics requires understanding its constitution.
• Walter Bagehot emphasized the complexity and importance of the English Constitution.

Evaluating a Constitution

• Constitutions vary widely, particularly between democracies and authoritarian regimes.
• A Western liberal democracy’s constitution should guarantee:
  • Free, fair, and democratic elections.
  • Respect for individual human rights.
  • Balance of individual and collective rights.
  • Clear delineation of power and sovereignty.
  • Effective conflict resolution mechanisms.
  • Encouragement of political participation.
  • Flexibility and adaptability while maintaining core values.
  • Upholding the rule of law through an independent judiciary.

The British Constitution

• Uncodified: Not found in a single document.
• Unitary: Centralized power with some recent quasi-federal elements due to devolution.
• Parliamentary Sovereignty: Parliament can enact or repeal any law.
• Rule of Law: Applies equally, including to lawmakers.

Main Sources of the British Constitution

1. Statute Law: Most important source, includes laws passed by Parliament.
2. Common Law: Laws established by court decisions, known as judicial precedence.
3. Royal Prerogative: Powers exercised by ministers in the monarch’s name.
4. Conventions: Unwritten rules facilitating parliamentary function.
5. Works of Authority: Includes authoritative texts explaining constitutional principles.
6. International Agreements: Obligations from international treaties.

Historical Milestones

• Magna Carta (1215): Established rule of law; some clauses still relevant.
• Bill of Rights (1689): Established parliamentary sovereignty and privileges.
• Act of Settlement (1701): Ensured Protestant succession to the throne.
• Parliament Acts (1911, 1949): Limited the House of Lords' power.
• European Communities Act (1972): Integrated UK with European law (repealed post-Brexit).

Recent Constitutional Changes

• Tony Blair's Reforms (1997+):
  • Modernized institutions like the House of Lords.
  • Increased use of referendums.
  • Devolution to Scotland, Wales, and Northern Ireland.
  • Enhanced human rights protection.
• Conservative Reforms (2010-15):
  • Continued some Labour reforms.
  • Focused heavily on the issue of Brexit.

Debates on Recent Changes

• Successes:
  • Modernized political institutions.
  • Increased democratisation and devolution.
• Failures:
  • Incomplete reforms, especially in the House of Lords.
  • Issues with Fixed-term Parliaments Act (FTPA).

Protection of Rights

• Human Rights Act 1998 and ECHR: Fundamental in protecting rights.
• Challenges: Balancing individual rights and collective rights, especially during national security concerns.

Future Reforms

• Potential areas for further reform include lowering voting age, introducing a proportional voting system, and extending devolution.
• These reforms present opportunities but also challenges.

Current Debates

• Codification of the British Constitution: Arguments for and against codification.
• Individual vs Collective Rights: Case studies illustrate conflicts and complexities in balancing these rights.

Summary

• Understanding the British Constitution requires appreciating its uncodified nature, parliamentary sovereignty, and historical evolution.
• Recent changes have been significant but have varying degrees of effectiveness.
• The balance between individual and collective rights remains a crucial ongoing debate.