Table of Contents
2.0 The fundamentals of the British Constitution.
2.1 Concept of Constitution.
2.2 The Journey of the British Constitution.
2.3 Sources of British Constitutions.
2.3.1 Written sources of UK constitutions.
2.3.2 Unwritten sources of the British constitution.
3.0 How constitutional conventions are contributing to the British constitution.
3.1 What is the constitutional convention.
3.2 Effectiveness of conventions in the British constitution.
3.3 The consequences of the breaches of constitutional conventions.
3.4 Attitudes of the courts towards constitutional conventions.
4.0 Is British Constitution written or unwritten.
5.0 Advantages and disadvantages of adopting a codified constitution.
The UK is one of the few nations that does not have a written constitution. The UK Constitution has been formed by several both legal and non-legal sources, which has not been contained in a single document as the written (codified) constitution. The British Constitution has stipulated its powers and functions to three key institutions: Executive, Legislature as well as Judiciary. These three institutions govern the whole country and provide a form of stability as well as predictability in the country. The constitutional conventions, which are the unwritten and the most significant non-legal sources, constitute the UK Constitution.
These constitutional conventions also supplement the UK Constitution because these provide flexibility and avoid to be outdated. In this report, the reporter has critically evaluated the current form (unwritten/non-codified) of the British constitution and justified how effective it is in the present era, where most of the countries own a single written/codified constitution.
Therefore, the reporter, first, has evaluated the fundamentals of the British Constitution including written and unwritten sources. Then, the reporter has evaluated how, in fact, the British Constitution is written or unwritten. Next, the reporter has evaluated the advantages and disadvantages of the current form of the British Constitution. Finally, the reporter has concluded the outcome of his study.
2.0 The fundamentals of the British Constitution
2.1 Concept of the Constitution
The content of constitutions vary from country to country, where every constitution is shaped by the circumstances which promote drafting and implementation of a specific instrument or emergence and development of a specific set of practices and rules of governance Bradley, Ewing and Knight define the constitution as the document having particular legal status which defines principle functions and framework of government. Professor King in his Hamlyn
The lecture stated the constitution as the set of important rules and regulations that regulate relationships among deferent departments of a country and among people and deferent of the government.
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2.2 The Journey of the British Constitution
The journey of the British Constitution started from the concept of Magna Carta which was documented about 800 years ago. Magna Carta is a document containing the ideas of the ‘rule of law’ where no one is above the laws. It has created a long journey over time, spanning the entire world by virtue of its legacy and implications. It has also transcended language barriers and cultural divisions and ideologies.
The ideas of freedom and justice of Magna Carta have been a significant part of the genetic structure of humankind, consequently based on this concept many modern countries and societies form many modern ideas, concepts and documents today. Therefore, Magna Carta has become a foundation of British Law, which has been reconfirmed many times over the last 800 years.
2.3 Sources of British Constitutions
The sources of the British Constitution, both legal and non-legal, can be grouped as written and unwritten sources. The written sources in the British Constitution are Statues/Act of Parliament, European Union Laws, Common Laws, and Scholarly Writings. The unwritten sources of the UK constitution are constitutional conventions and prerogative powers………………