England, Wales, Scotland, and Northern Ireland make up the United Kingdom of

Great Britain and Northern Ireland, which is a constitutional monarchy with a

parliamentary system of government.

The written and unwritten procedures that establish the United Kingdom of Great
Britain and Northern Ireland as a political body are referred to as the British
constitution. The United Kingdom is often referred to as having an “unwritten”
constitution. This is not entirely accurate as it is mostly written but in various
documents.

However, it has never been codified or compiled into a single document. In this
regard, the United Kingdom differs from most other countries with written
constitutions.

Although the British Constitution is not a completely codified one, certain rules, acts,
conventions, and regulations are considered constitutional documents. These
documents determine the working of the country and impart certain features to this
‘unwritten’ constitution.

Salient features of the British Constitution

**1. Unwritten Constitution: Unlike some countries with explicit, written documents
serving as the foundation for their governance, the UK's constitution is largely
unwritten. It is an accumulation of legal statutes, conventions, and historical
documents that have evolved over centuries. This flexibility allows for gradual
changes in response to evolving societal norms and political dynamics.

**2. Keeps evolving with time: The British constitution is an example of how things
have evolved over time. There was no presence of a constituent assembly to frame
the British Constitution like the one that framed the Indian constitution. This nature is
due to the fact that it is the result of slow growth and evolution. A particular date of its
creation cannot be provided, and no one group of people can claim to be its authors.
It has had a continuous evolution for over a thousand years. It has a variety of
sources, and its evolution has been influenced by both accidents and high-level
designs.

**3. Parliamentary Sovereignty: The principle of parliamentary sovereignty is a

fundamental feature of the British constitution. It asserts that Parliament is the
supreme legal authority, and no other body can override or set aside its legislation.
This means that, in theory, Parliament can make or repeal any law.

**4. Rule of Law: The rule of law is a key constitutional principle in the UK. The
main function of the judiciary is to uphold the rule of law. The principles of the rule of
law are:
  In the eyes of the law, everyone is equal, regardless of their position or
rank.
 This theory emphasises that the law, not any individual, is supreme.
 Without a fair and adequate trial by a competent court of law, no one can
be detained or imprisoned. A person cannot be punished or deprived of his
or her life, liberty, or property unless there has been a specific breach of
law proven in a regular court of law through a regular procedure.

**5. Flexibility: The unwritten nature of the British constitution, exemplifying

flexibility, is both an advantage and disadvantage. With no distinct separation
between constitutional and ordinary laws, it can be passed, changed, and repealed
by a simple majority of Parliament. Both are treated the same way. This trait has
allowed it to adapt to changing circumstances. The Indian Constitution, in contrast, is
both flexible as well as rigid.

**6. Unitary Character: In contrast to a federal constitution, the British constitution is

unitary in character. The British Parliament, which is a sovereign body, has complete
control over the administration. England, Scotland, Wales and the rest of the United
Kingdom is composed of administrative, rather than political autonomous units.
Instead of adopting a federal model like the United States, the United Kingdom uses
a devolutionary system in which political power is gradually decentralised.
**7. British Constitution promotes a parliamentary executive

: The United Kingdom is governed by a Parliamentary system. All of the King’s

powers and authority have been taken away from him. Ministers who belong to the
majority party in Parliament and continue in office as long as their party’s trust in
them is maintained are the true functionaries. Acts and policies of the Prime Minister
and his ministers are accountable to the legislature. The executive and legislative
branches of government are not separated in this system, as they are in the
Presidential form of government.

**8. Judicial Independence: The Rule of Law in the United Kingdom is protected by
the fact that judges can only be removed from office for significant misconduct and
only after a procedure that requires the approval of both Houses of Parliament. As a
result, the judges are free to make their decisions without fear or favour. The same
approach has been taken in India, where judicial independence is regarded as an
unambiguous component of the Constitution.

**9. Common Law Tradition: The UK has a common law legal system, which
means that legal principles are derived from court decisions and precedents rather
than codified statutes. Judges have a significant role in interpreting and developing
the law through their decisions in individual cases.

**10. Bicameral Parliament: The UK Parliament consists of two houses: the House
of Commons and the House of Lords. The House of Commons is the lower house,
and its members (Members of Parliament or MPs) are elected by the public. The
House of Lords is the upper house, and its members, known as peers or lords, are
 not elected but hold their positions by virtue of various appointments, including life
peers and bishops.

**11. Prime Ministerial System: The UK follows a prime ministerial system, where
the head of government is the Prime Minister. The Prime Minister is typically the
leader of the political party that has the most seats in the House of Commons. The
Prime Minister is appointed by the monarch and is responsible for forming a
government, making policy decisions, and representing the UK internationally.

**12. Constitutional Conventions: Constitutional conventions are unwritten rules

that guide the behaviour of constitutional actors, even though they are not legally
enforceable. These conventions play a significant role in the functioning of the British
constitution, influencing the behaviour of the monarchy, the Prime Minister, and other
constitutional players.

Constitutional development in Great Britain

The constitutional development in Great Britain has evolved over centuries, shaped
by historical events, political struggles, and the need to balance power between the
monarchy, Parliament, and the people.

1. Magna Carta (1215): The Magna Carta, signed by King John in 1215, laid the
groundwork for constitutional principles by establishing limits on royal authority. It
introduced the concept that the king was not above the law and that certain legal
protections were afforded to the barons.
2. Parliamentary Evolution (13th-17th centuries): The development of Parliament
was instrumental in the constitutional evolution. The Model Parliament of 1295,
under Edward I, marked a shift toward representative government. Over time,
Parliament gained increased powers, particularly through the House of Commons,
which evolved into a more influential legislative body.
3. English Civil War (1642-1651) and Commonwealth Era: The English Civil War
resulted in the temporary overthrow of the monarchy and the establishment of the
Commonwealth under Oliver Cromwell. The subsequent Glorious Revolution of 1688
saw the constitutional shift towards a constitutional monarchy, limiting royal powers
and affirming parliamentary supremacy.
4. Bill of Rights (1689) and Act of Settlement (1701): The Bill of Rights affirmed
parliamentary authority over the monarchy and laid down fundamental rights, further
solidifying constitutional principles. The Act of Settlement established limits on the
succession to the throne, ensuring a Protestant monarchy and safeguarding
parliamentary supremacy.
5. Hanoverian Succession and Growth of Cabinet Government (18th century):
The Hanoverian succession in 1714 and the gradual development of the Cabinet
system contributed to constitutional stability. Prime Ministers emerged as leaders
accountable to Parliament, initiating a shift from royal to parliamentary governance.
6. Reform Acts (19th and 20th centuries): The 19th and 20th centuries witnessed a
series of Reform Acts expanding suffrage, redistributing seats, and increasing
parliamentary representation. These reforms aimed to address social and political
changes and enhance democratic participation.
7. Devolution and the European Union (20th century): In the latter half of the 20th
century, devolution was introduced to address regional disparities, leading to the
establishment of the Scottish Parliament, the Senedd (Welsh Parliament), and the
Northern Ireland Assembly. Additionally, the UK's membership in the European
Union brought about legal and constitutional adjustments.
8. Constitutional Reform Act (2005): The Constitutional Reform Act modernized the
constitutional framework by establishing the Supreme Court, separating the judicial
functions from the House of Lords. This move increased the transparency and
independence of the judiciary.