Understanding the UK Constitution: Principles and Political Institutions
The Foundations of the UK Constitution
Community law is integral to English constitutional law, presenting unique challenges for constitutional adaptation. The written nature of community law intensifies the call for constitutional codification in Britain.
Core Political Principles
The English Constitution rests on several key political principles:
Parliamentary Supremacy
Parliament holds supreme power. However, the modern party system significantly limits this sovereignty, with the Executive often dictating parliamentary decisions. Thus, ‘supremacy’ is more accurate than ‘traditional sovereignty’.
The Rule of Law
The rule of law mandates judicial interpretation of laws, ensuring judicial independence. Sanctions and deprivations of liberty require legal procedures determined by the courts.
Checks and Balances
The British parliamentary system employs checks and balances, a system of mutual control. Unlike Montesquieu’s strict separation of powers, coordination is key, particularly between the executive and legislative branches, mediated by the Cabinet. The government-opposition dynamic exemplifies this principle.
Primacy of Individual Rights
While lacking a written constitution enshrining rights, British citizens enjoy freedoms limited by common law and the rights of others.
Political Institutions
The Crown
The parliamentary reform of 1832 initiated a gradual expansion of suffrage, leading to democracy within a monarchy. The monarchy’s powers have been tempered, yet it remains a key element of the British political system, symbolizing the nation and heading the Church of England.
The Crown’s powers, within a system of divided power and parliamentary dominance, are well-defined. It links the three branches of government, representing legal and political unity. Its powers derive from statutory law, royal prerogative, and common law, granting executive authority.
The Crown’s functions include:
- Executive Order:
- Representing the British people in international relations
- Declaring war
- Signing peace treaties
- Accrediting and receiving ambassadors
- Ratifying treaties (subject to parliamentary approval)
- Appointing the Prime Minister and Cabinet members
- Exercising supreme command of the Armed Forces
- Ruling the Anglican Church
- Providing cohesion to the Commonwealth