Sources of the British Constitution

For a constitution to be effective, it needs sources of LEGITIMACY and AUTHORITY. For our unwritten constitution there are a variety of channels from which this is derived. Essentially the constitution works using a series of RELATIONSHIPS between the various bodies that make up the government of Her Majesty’s United Kingdom of Great Britain and Northern Ireland.

Royal Prerogatives

These powers were felt necessary for monarchs to defend their people and ensure their well-being.  These have passed over the centuries from monarch to prime minister, this accounts for the widespread power that the prime minister enjoys as head of the Queen’s government. These powers include:

• Making war and peace
• Commanding armies and appointing generals
• Appointing ministers
• Raising money to pay soldiers
• Appointing judges to keep law and order.

Recent examples include Margaret Thatcher’s decision to fight to Falklands war, John Major’s negotiation of the Maastricht Treaty and Tony Blair’s cabinet reshuffle of 2001.

Conventions

These are unwritten rules or customs known by all, accepted by all and followed by all. These include:

• Ministerial responsibility – there is no law saying a minister is responsible for their department but should a major error of judgment occur, that minister is expected to take responsibility and resign if necessary.
• The monarch always signs bills agreed in both Houses of Parliament.
• Collective responsibility is taken so that one member will always back up the decision of another.

Statute Law

A law passed by both Houses and signed by the monarch. From 1500 this is accepted as the supreme law and courts, police and government are duty-bound to enforce it. Again these laws are often written into other countries’ constitutions. They include:

• The Mutiny Act giving officers the right to order and discipline soldiers
• The Human Rights Act guaranteeing many basic freedoms.

Common Law

Based on rulings by judges where there is no clear Statute Law e.g. a judge ruled that prisoners had the right of silence. This element gives rights that are normally laid down in written constitutions.

Written works by constitutional experts

Accepted experts write down what is supposed to happen within the unwritten constitution. These such as Dicey’s Study of the Law of the Constitution clarify specific areas or most usually relationships, in this case between judges and the government.

Membership of international organisations

In the past it was held that the British parliament was SOVREIGN in all matters. BY statute law however, parliament allowed the European Union to make laws that bind all British citizens such as the maximum size of lorries allowed on roads. This partial loss of sovereignty is considered acceptable in return for the benefits of EU membership. This illustrates the flexibility of the system, for such a change in the constitution to happen in Britain takes an Act of Parliament, other countries with written constitutions such as Ireland require full scale referendums.