Summary UK Constitution revision note

Constitution
 A set of fundamental rules of how the country is to be governed
 Define the relationship between the state and the individual
 Establish the duties, powers and functions of institutions
 Regulate the relationships between and among the institutions
 Division of govt activities
 define the extent of civil liberty and limitations of the power of govt
 Provides legitimacy to those in power, encourage govt stability though clear
rules and set out goals and values of a state
 Normally happens after an upheaval


Types of Constitution
Codified and uncodified constitution:
 no constitution is entirely written,
- no written documents can define all aspects of constitutional practice
 no constitution is entirely unwritten
- UK statute law is the most significant source

o Codified Constitution:
 The document is authoritative
- Binds all political institutions
- Two-tier legal system
- Constitution stands above statute law
 Entrenched
- difficult to amend
- more complex procedure than making ordinary
 Judiciable
- subject to the authority of the courts
- especially constitutional court

o Uncodified constitution:
 Not authoritative
- same status as ordinary law
- single-tier legal system with no form of higher law
 Not entrenched
- constitution can be changed through normal processes for enacting
statute law
- UK Parliamentary Sovereignty
 Not judiciable
- judges do not have legal standard against which they can declare the
actions of public bodies ‘constitutional’.