The United Kingdom does not have a written constitution. Discuss, how the three branches
of power work in the UK.
The United Kingdom is frequently referred to as having a ‘unwritten’ constitution. Although
technically correct, this is not the case. The majority of it is written, although in several distinct
documents. However, it has never been codified or compiled into a single piece of
documentation. In this regard, the United Kingdom differs from the vast majority of other
countries, which have codified constitutions. However, this is not the case in all countries: New
Zealand and Israel both lack a codified constitution. It is customary for codified constitutions to
be created following a significant historical turning point, such as the grant of independence, a
revolution, a military loss, or the total collapse of the previous system of governance. To date,
none of these things have occurred in the United Kingdom, which is why the country has never
felt the need to codify its constitution. For a brief period of time during our one revolution, in the
17th century, we had a written constitution in the form of Cromwell’s Instrument of
Government. 1
This is one of the reasons why the United Kingdom has not been compelled to codify its
constitution. However, the United Kingdom does have a constitution, which can be found in a
number of important statutes, conventions, judicial decisions, and treaties. The Bill of Rights
(1689), Acts of Union 1707 and 1800, Act of Settlement 1701, Parliament Acts 1911 and 1949,
Human Rights Act 1998, Scotland Act, Northern Ireland Act, and Government of Wales Act
1998 are all examples of constitutional statutes. Conventions include the monarch acting on
ministerial advice, the Prime Minister sitting in the House of Commons, and the Queen
appointing the person most likely to command the House of Commons’ confidence as Prime
1 UCL. (2018, August 9). What is the UK Constitution? | The Constitution Unit – UCL – University College London.
The Constitution Unit; www.ucl.ac.uk. https://www.ucl.ac.uk/constitution-unit/explainers/what-uk-constitution
Minister. The Cabinet Manual, among other texts, has codified these and other conventions.
Since the vote to leave the EU, some have stated that the United Kingdom is in the midst of a
‘constitutional moment,’ which might result in the codification of the country’s constitution. 2
Parliamentary sovereignty is often recognized as the basic premise of the British Constitution.
This is the supreme law-making authority vested in the United Kingdom parliament, to enact or
repeal any law. However, as demonstrated by the Human Rights Act, parliament can restrict its
legislative authority or devolve legislative authority, as demonstrated by the Scotland Act. Other
fundamental elements of the British Constitution include the rule of law, the division of
government into executive, legislative, and judicial branches, the answerability of ministers to
parliament, and the judiciary’s independence. 3
The biggest disadvantage of having an uncodified constitution is that it is more difficult to
comprehend. Another disadvantage is that it is less difficult to alter than it is in countries with
written constitutions that have elaborate amendment processes. Although it has its drawbacks,
this flexibility has also been seen as an advantage, allowing for the removal of hereditary peers
from the House of Lords, passage of the Human Rights Act, the devolution of Scotland, Wales,
and Northern Ireland, and the establishment of the Supreme Court. The constitution of the United
Kingdom is guarded by a number of persons. In addition to the Supreme Court, which has issued
constitutional decisions for instance in Miller/Cherry in 2019), there is the House of Lords
Constitution Committee and the Commons Public Administration and Constitutional Affairs
Committee, the Lord Chancellor, and specific constitutional watchdogs for instance the Judicial
Appointments Commission and the Electoral Commission. 4
2 UCL. (2018, August 9). What is the UK Constitution? | The Constitution Unit – UCL – University College London.
The Constitution Unit; www.ucl.ac.uk. https://www.ucl.ac.uk/constitution-unit/explainers/what-uk-constitution
3 UCL. (2018, August 9). What is the UK Constitution? | The Constitution Unit – UCL – University College London.
The Constitution Unit; www.ucl.ac.uk. https://www.ucl.ac.uk/constitution-unit/explainers/what-uk-constitution
The government of the United Kingdom is comprised of three branches, as well as the monarch,
who serves as the country’s official head of state. The United Kingdom is a parliamentary
democracy as well as a constitutional monarchy. When citizens vote in a parliamentary
democracy, they elect a legislative body known as the Parliament to represent their interests and
carry out their wishes. This is a level of the British government, but additionally, Britain is also a
constitutional monarchy, which means that the monarch serves as Head of State but has
restricted powers and must collaborate with the Parliament. The three arms of state are: the
legislative, which discusses and approves legislation; the executive, which implements
legislation and administers the country on a day-to-day basis; and the judicial, which ensures that
the laws are enforced. These three branches frequently overlap, and their powers can become
entwined when government officials hold positions in more than one branch at the same time.
For example, many members of Parliament also hold ministerial positions in the executive arm
of government. 5
The monarch, despite his or her limited powers, is the official Head of State and the Head of the
Nation. They serve as the public face of the United Kingdom and a national icon, performing
official and ceremonial duties such as appointing the Prime Minister, and honoring the
achievements of British citizens. Parliament is the legislative body of the United Kingdom. It is
divided into two houses: the Lords and the Commons. It has four basic functions: it enacts
legislation, authorizes taxes and government budgets, scrutinizes and investigates government
management, and debates current problems. The House of Commons, Parliament’s lower house,
is composed of around 650 elected Members of Parliament (MPs). Over 700 Lords make up the
4 UCL. (2018, August 9). What is the UK Constitution? | The Constitution Unit – UCL – University College London.
The Constitution Unit; www.ucl.ac.uk. https://www.ucl.ac.uk/constitution-unit/explainers/what-uk-constitution
5 Overview of the UK Government – Video & Lesson Transcript | Study.com. (2021, October 8). Study.Com;
study.com. https://study.com/academy/lesson/overview-of-the-uk-
House of Lords, Parliament’s upper house. It comprises of hereditary peers, whose seats have
been passed down through the years, others are peers selected by the queen for their specific
knowledge in useful areas, and some are bishops and archbishops. His/ Her Majesty’s
Government (HMG) is the name given to the executive branch of the British government which
consists of roughly a hundred ministers led by the Prime Minister. 6
The court system, with the Supreme Court at the apex, makes up the judiciary. Its members
wield enormous authority because they decide what the law actually means in each given
situation, therefore, judiciary has a lot of checks and balances because of its great power. 7 The
concept of separation of powers relates to the idea that the major institutions of government
should act independently of one another. 8 In the United Kingdom Constitution, there is no
absolute doctrine of separation of powers. Overlaps exist both in terms of the functions of the
state’s organs of government and the personnel who serve in those organs of government. 9
The rule of law is a fundamental doctrine that states that everyone must obey and subject to the
law, rather than arbitrary action by others. To put it another way, no one is above the law. The
rule of law is made up of a set of core ideals and principles: 10
i. Legal Certainty. This indicates that when legislation is created to accomplish a specific
goal, the goal is carried out within the confines of the law.
6 Overview of the UK Government – Video & Lesson Transcript | Study.com. (2021, October 8). Study.Com;
study.com. https://study.com/academy/lesson/overview-of-the-uk-
7 MyTutor. (n.d.). What are the branches of government in the UK and what are their key functions? | MyTutor.
What Are the Branches of Government in the UK and What Are Their Key Functions? | MyTutor;
www.mytutor.co.uk. Retrieved April 21, 2022, from https://www.mytutor.co.uk/answers/1773/A-
Level/Politics/What-are-the-branches-of-government-in-the-UK-and-what-are-their-key-functions/
8 How Effective Is Separation Of Power In The UK? – 1213 Words | Bartleby. (n.d.). How Effective Is Separation Of
Power In The UK? – 1213 Words | Bartleby; www.bartleby.com. Retrieved April 21, 2022, from
https://www.bartleby.com/essay/How-Effective-Is-Separation-Of-Power-In-PCAS5Z92RUT
9 Separation of Powers in the UK. (n.d.). Separation of Powers in the UK; www.lawteacher.net. Retrieved April 21,
2022, from https://www.lawteacher.net/free-law-essays/family-law/separation-of-powers-in-the-uk.php
10 Craig, P. (2019). House of Lords – Constitution – Sixth Report. Parliament.uk.
https://publications.parliament.uk/pa/ld200607/ldselect/ldconst/151/15115.htm
ii. Equality. Every situation that is similar should be treated the same.
iii. Fairness. All laws and procedures must be accessible to all citizens, and written laws
must be legible for clarity and to avoid unjust discrimination and enforcement. The law
must be understood, and the language must be understandable and clear in order for the
law’s goal to be realized.
iv. Retrospective legislation. Laws must not be retrospective but this is being diluted, with
certain legislation taking effect retrospectively.
v. Due process. Due process means that if there is enough evidence that someone is guilty,
they will be sent to prison or punished in some other way.
The Constitutional Reform Act 2005 was a law made by the UK Parliament. It was made up of
three separate parts. The first changed the Lord Chancellor’s office, the second made and set up
the UK Supreme Court’s framework, and the third regulated how Judges are appointed.
Previously, the Appellate Committee of the House of Lords served as the highest court and the
Lord Chancellor – a minister – also served as head of the Judiciary. As a result, the UK’s highest
court of appeal was within the House of Lords, and it was feared that appeals would be
influenced by political considerations. The Supreme Court was established with the goal of
having a distinct separation of powers between the legislature and the judiciary. Judges were
previously appointed by the Queen on the suggestion of the Lord Chancellor, which gave the
impression that those appointments were subject to political influence, but the Judicial
Appointments Commission was established by the Constitutional Reform Act. According to the
Act, the Secretary of State for Justice also serves as Lord Chancellor, albeit with a much-
restricted function. The Lord Chancellor was also the Speaker of the House of Lords, but this is
no longer the case. Therefore, the Constitutional Reform Act of 2005 was able to correct a
constitutional situation in which the separation of powers was blurred and as stated in Article 6
(paragraph 1) of the European Convention on Human Rights, the combination of legislative,
judicial, and executive power is a violation. 11
11 tutor2u. (2017). Tutor2u. https://www.tutor2u.net/politics/reference/constitutional-reform-act-2005
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