Topics: Law, Constitution, Separation of powers Pages: 4 (1426 words) Published: August 26, 2013
Sovereign states all over the world are governed by a constitution, which underpins the laws of the country. Most countries have a written constitution while the UK distinctly possesses an unwritten constitution. A written constitution is characterized by a complete codification of all the constitutional laws and principles. That is, the constitution takes the form of a unique document. On the other hand, the unwritten constitution tends to have a bulk of the principles not codified, highly characteristic of the UK constitution. In the UK, what counts as the law is what develops from practice. Pek (2008) emphasizes that even though there are parts of the UK constitution that are codified, it is not enough to classify it as written, since there has been no collective conferring by the people. More often than not, the unwritten nature of the UK constitution has been termed as advantageous. This paper seeks to evaluate the UK constitution with respect to its unwritten characteristic and establish the advantages it has over a written constitution. The UK constitution’s unwritten nature is as a result of history and the steady evolution of principles and laws. Unlike in other states where particular consideration is given to the codification of the constitution, it has never been so in the UK. Even though undefined, it is evident that UK has a constitution, which describes rules and processes regarding state institutions. Unwritten sources of the UK constitution include royal sanctions, treaties, common law, works of authority and conventions held by parliament. Indeed, the main principle underpins the utmost supremacy of parliament. As such, UK’s parliament is mandated to create new laws or make amendments as the final source. There are fewer limits to the matters, which can be legislated by parliament. This sovereignty is accompanied by parliamentary acts that allow parliament to impeach government officials, declare a lack of confidence in the government, and even...
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