1-2 UK CONSTITUTION AND ITS PECULIARITIES Structure of the UK constitutions Constitution: 'set of law, rules, and practices that create the basic institutions of the state, and its component and related parts, and stipulate the powers of those institutions and the relationship between the different institutions and the individual' J.A.G Griffith modern law review page 63 UK has a constitution, however, does not have a single codified constitution text as a form of higher law Functions of the UK constitution Main function of constitution is to set up the institutions of the state and map out the governing institutions (map of the state) and rules underpinning it · Regulates interface and relationships between the various institutions of govenrment · Regulate relationships between the citizens and state . Normative aspect of constitution provides what an accountable government ought to do in protection of rights and the rule of law Peculiarities of the UK convention Not codified No single constitutional text as a form of higher law in contrast to USA, France etc . Written constitutions in modern form were the result of the radicalism of political enlightenment and turmoil in 17th/18th century of which England did not experience Instead has a wide range of constitutional sources that make up constitutional principles Lack of entrenchment UK constitutional arrangements have no special legal status or protection from repeal/amendment by way of special provisions like we see in other countries In our system because of the Doctrine of Parliamentary Sovereignty, all constitutional rules and statues, formally enjoy the same legal status meaning i.e. HRA 1998 can be repealed by an ordinary majority in the HoC. Economic aspects of constitution
Constituions largely about money i.e. enabling crown to levy taxes and spend tax revenue Constitutions used to give power to legislate i.e. allowing the monarch to use their royal prerogative power to rule Monarch subject to parliamentary control even in early days of parliament People wanted grievances resolved before taxes could be levied and . crown could spend tax revenue Sources of UK constitution Statutes : primary legislation which concern constitutional manners pertaining to relationships between state institutions and citizens rights such as the organisation and allocation of powers to different public institutions, fundamental rights etc i.e. HRA 1998, ECA 1972, Devolution statutes wales 1998/2006, Scotland 1998/2016, fixed term parliament act 2011 case law : develops constitutional common law, courts participating in establishment of constitutional rules Stephen Sedley : 'our constitutional law remains a common law ocean dotted with islands of statutory provision' (constitutional law without a constitution 1994) International sources of law : EU law still has supremacy over domestic statutes, ahs several implications and may change as a result of Brexit i.e. ECHR formed by the COE. ECHR via HRA 1998 has had significant impact on political and legal constituions of the UK. Non legal sources i.e. Constitutional conventions : non legal binding rule of constitutional behaviour i.e. ministerial responsibility, appointment of the prime minister Non enforceable by courts due to political implications