PUBLIC LAW

UK CONSTITUTION AND CONVENTION

ESSAY SKELETON-01

Q.1 Discuss whether the UK has an ‘unwritten constitution’, and assess the
advantages and disadvantages of adopting a modern type of constitution
today.

Answer Skeleton
Introduction:
The nature of the British constitution has long been a subject of debate. While some describe
it as "unwritten," it is more accurately characterized as "uncodified." The House of Lords
Constitution Committee in 2002 highlighted this distinction. This essay will explore the
concept of an uncodified constitution in the context of the British system, examining the
extent to which it is written or unwritten. Recent cases and information will be utilized to
support the discussion.

I. Understanding the British Constitution:

A. Definition of an Uncodified Constitution:

The British constitution is not contained in a single written document.

It consists of a collection of statutes, common law principles, conventions, and authoritative
texts.
B. Written Elements of the British Constitution:

Various statutes, including the Magna Carta, the Bill of Rights, and the Human Rights Act.
Constitutional statutes, such as the Scotland Act 1998 and the Wales Act 2017.
II. Unwritten Aspects of the British Constitution:
A. Constitutional Conventions:

Non-legal rules and practices that govern constitutional behavior.

Examples: Prime Ministerial appointments, the role of the monarch, and ministerial
accountability.
B. Common Law Principles:

Legal principles derived from court decisions.

Example: The principle of parliamentary sovereignty.
III. Role of Codified Elements:
A. Statutes as Written Constitutional Provisions:

Certain statutes explicitly address constitutional matters.

Example: The Human Rights Act 1998 incorporates the European Convention on Human
Rights into UK law.
B. Legal Frameworks:

Legislation that establishes and regulates constitutional institutions and processes.

Example: The Scotland Act 1998 provided for the establishment of the Scottish Parliament
and devolved powers.
IV. Recent Cases and Examples:
A. Miller v. Prime Minister (2019):

The Supreme Court case examined the prorogation of Parliament.

The Court ruled that the prorogation was unlawful and nullified it.
This case highlighted the significance of constitutional principles and the role of the judiciary
in interpreting the constitution.
B. Cherry v. Advocate General for Scotland (2019):

Another Supreme Court case related to the prorogation of Parliament.

The Court ruled that the prorogation was justiciable and subject to legal scrutiny.
This case further emphasized the importance of legal mechanisms in the constitutional
framework.
C. Evans v. Attorney General (2015):

A case regarding the disclosure of the Prince of Wales' correspondence.

The Supreme Court ruled that the Attorney General's decision to veto the disclosure was
unlawful.
This case highlighted the role of the judiciary in safeguarding constitutional principles and
the limits of executive power.
V. Advantages of an Uncodified Constitution:
A. Flexibility and Adaptability:

An uncodified constitution allows for evolution and adjustment over time.

Enables responsiveness to changing societal values and circumstances.
B. Constitutional Conventions:

Non-legal rules and conventions offer a degree of flexibility and pragmatism.

Can accommodate nuanced and context-specific decision-making.
VI. Challenges of an Uncodified Constitution:
A. Lack of Clarity and Certainty:

Absence of a single written document can lead to ambiguity and uncertainty.

Interpretation of constitutional principles may be subject to debate.
B. Limited Judicial Review:

Judicial review of constitutional matters may be constrained by the absence of explicit

written provisions.
Courts rely on common law principles and statutory interpretation.
Conclusion:
Contrary to popular perception, the British constitution is not entirely "unwritten." It is more
accurately described as "uncodified," with a combination of written elements and non-legal
conventions shaping its framework. Recent cases such as Miller v. Prime Minister, Cherry v.
Advocate General for Scotland, and Evans v. Attorney General have underscored the
interplay between constitutional conventions, legal frameworks, and judicial interpretation in
the British constitution.