The UK's Constitution Explained - TLDR Explains

Summary

This video explores the UK's unique uncodified Constitution, drawing from statute law, common law, works of authority, and conventions. It clarifies misconceptions about the UK's Constitution, highlighting how it's upheld without a formal written document, and discusses its flexibility as an advantage over more rigid systems.

Takeaways

• 📜 The UK does not have a single, explicit written constitution like the US, but it does have an unwritten or uncodified constitution.
• 🏛 The UK's constitution is unique and is one of the few in the world that is not codified.
• 🇬🇧 Brexit has been a significant test for the UK's constitution, pushing its boundaries and setting new precedents.
• 📚 The constitution is derived from four main sources: statute law, common law, works of authority, and conventions.
• 📖 Statute law, which includes Acts of Parliament, is a crucial part of the UK's constitution, especially those affecting Parliament and the judiciary.
• ⚖️ Common law, or case law, refers to legal precedents set by court decisions, which are not codified in statutes.
• 📚 Works of authority include influential books and documents that shape the UK's political system, even though they are not legally binding.
• 📘 The Cabinet Manual is a recent example of a work of authority, outlining government operations and conventions.
• 🏰 Constitutional conventions are unwritten rules that are politically binding, even though they are not legally enforceable.
• 🌍 Having an uncodified constitution allows for flexibility and organic modernization, which can be an advantage over more rigid systems.
• 🔒 Despite the lack of a legally binding constitution, the UK has not experienced tyrannical rule due to the strength of its conventions and checks and balances.

Q & A

What does the UK's Constitution consist of?

The UK's Constitution is unwritten or uncodified and consists of statute law, common law, works of authority, and conventions.

Why is the UK's Constitution considered rare in modern politics?

It is rare because only a few countries, including the UK, Israel, Saudi Arabia, New Zealand, and Canada, have uncodified constitutions.

What is the role of statute law in the UK's Constitution?

Statute law refers to Acts passed by Parliament that affect how Parliament or the judiciary function or the relationship between the individual and the state.

Can you provide an example of a constitutional Act of Parliament?

An example is the Constitutional Reform Act of 2005, which created the UK's Supreme Court.

What is the concept of 'implicit repeal' in the context of UK law?

Implicit repeal occurs when an older Act is effectively ignored once a newer one passes through Parliament and contradicts the old Act.

How does common law contribute to the UK's Constitution?

Common law, also known as case law, contributes by setting legal precedents in particular cases that are not enshrined in statute law.

What is the significance of the Factortame case in UK constitutional law?

The Factortame case set the precedent that EU law supersedes UK law, challenging the traditional view of parliamentary sovereignty.

What are 'works of authority' in the context of the UK's Constitution?

Works of authority are influential constitutional books or documents that, while not legally binding, have significant political weight and have shaped the UK's political system.

What is the role of conventions in the UK's Constitution?

Conventions are rules of constitutional practice that are binding in operation but not in law. They are almost always adhered to by politicians despite having no legal punishment for breaking them.

Can you provide an example of a constitutional convention in the UK?

The Salisbury Convention is an example, where the House of Lords agrees not to block bills that were in a party's manifesto.

Why might some people be concerned about an uncodified Constitution?

People might worry that without a written constitution, there is nothing legally stopping a tyrannical government from overturning the system. However, the UK relies on checks and balances, conventions, and political weight to prevent such an event.

What are the potential advantages of having an uncodified Constitution like the UK's?

The flexibility of an uncodified Constitution allows for organic modernization without being tied to outdated rules, and it avoids having an unelected judiciary making important constitutional decisions.