What are the Core Principles of the UK Constitution?
The UK constitution, as mentioned in previous blogs, stands out for an array of reasons, unlike many of the constitutions of the world, the British constitution is un-written and un-codified. This means unlike the constitution of the United States the British constitution is not contained within a single document and is not directly written down. This unique type of constitution may cause its core principles to differ to that of other nations, and this begs the question, what really are the core principles of the UK's constitution.
To begin with lets look at the first core principal, this being Parliamentary Sovereignty. The idea of having sovereignty is essential for all constitutions, in the UK sovereignty lies with Parliament or more specifically the 'Crown in Parliament'. Sovereignty means that Parliament has the power to create, adjust or remove any law it demands, some may argue this is undemocratic as power is concentrated within the single body of Parliament. Furthermore many have argued that Parliament in the UK is not completely sovereign as many other political factors can greatly limit its sovereignty, these can include over powerful pressure groups, large trading partners such as various EU member states or the United States. The policies and actions of major worldwide organizations can restrict the parliamentary sovereignty, one prime example of which would be the UN which can put forward laws everyone must apply to.
A second core principal of the UK's constitution is the Constitutional Monarchy, despite the modern day monarchy lacking any real power it still holds a significant place in the British political world and is a key part of the constitution. During the 1800's the majority of the reigning monarchs power was transferred to parliament, more specifically the ministers that make up Parliament but mainly to the Prime Minister. A man by the name of Walter Bagehot made the distinction between 'dignified' and 'efficient' parts of the constitution. He considered the monarchy and the House of Lords to be a dignified section and then on the other hand the cabinet and House of Commons to efficient, but he made it clear that a 'dignified' institution still played a vital role even if they lacked major political power. Therefore in the modern day the monarchy is to play the role of being a political symbol in order to promote allegiance during times of political turmoil. Now days the monarch does have the power to take back his or her power but they often refrain from doing so, as the backlash would be too severe, the monarch according to Bagehot the modern monarch should only be informed, be consulted as well as warn and encourage the government.
Thirdly the Rule of Law is a key principle of the UK constitution. Many have stated that the rule of law is an alternate form of codified constitution, despite there not being any higher law the government must still under go legal checks and political/power restraints. This therefore stops the ruling party from becoming above the law, they cannot enact or plan to enact legislation that would make them unaccountable for there problems or allow themselves to break the constitution.
Overall these key principles are needed for an effective constitution, despite people thinking that a codified constitution is the most effective type of constitution, countries without one have put in place principles in order to be as democratic as possible. Furthermore there are additional core principles that make up the constitution such as EU membership and a Parliamentary government, these all enable the UK's constitution to be an effective safe guard against unconstitutional laws or an over-mighty ruler.
To begin with lets look at the first core principal, this being Parliamentary Sovereignty. The idea of having sovereignty is essential for all constitutions, in the UK sovereignty lies with Parliament or more specifically the 'Crown in Parliament'. Sovereignty means that Parliament has the power to create, adjust or remove any law it demands, some may argue this is undemocratic as power is concentrated within the single body of Parliament. Furthermore many have argued that Parliament in the UK is not completely sovereign as many other political factors can greatly limit its sovereignty, these can include over powerful pressure groups, large trading partners such as various EU member states or the United States. The policies and actions of major worldwide organizations can restrict the parliamentary sovereignty, one prime example of which would be the UN which can put forward laws everyone must apply to.
A second core principal of the UK's constitution is the Constitutional Monarchy, despite the modern day monarchy lacking any real power it still holds a significant place in the British political world and is a key part of the constitution. During the 1800's the majority of the reigning monarchs power was transferred to parliament, more specifically the ministers that make up Parliament but mainly to the Prime Minister. A man by the name of Walter Bagehot made the distinction between 'dignified' and 'efficient' parts of the constitution. He considered the monarchy and the House of Lords to be a dignified section and then on the other hand the cabinet and House of Commons to efficient, but he made it clear that a 'dignified' institution still played a vital role even if they lacked major political power. Therefore in the modern day the monarchy is to play the role of being a political symbol in order to promote allegiance during times of political turmoil. Now days the monarch does have the power to take back his or her power but they often refrain from doing so, as the backlash would be too severe, the monarch according to Bagehot the modern monarch should only be informed, be consulted as well as warn and encourage the government.
Thirdly the Rule of Law is a key principle of the UK constitution. Many have stated that the rule of law is an alternate form of codified constitution, despite there not being any higher law the government must still under go legal checks and political/power restraints. This therefore stops the ruling party from becoming above the law, they cannot enact or plan to enact legislation that would make them unaccountable for there problems or allow themselves to break the constitution.Overall these key principles are needed for an effective constitution, despite people thinking that a codified constitution is the most effective type of constitution, countries without one have put in place principles in order to be as democratic as possible. Furthermore there are additional core principles that make up the constitution such as EU membership and a Parliamentary government, these all enable the UK's constitution to be an effective safe guard against unconstitutional laws or an over-mighty ruler.
No comments:
Post a Comment