The British Constitution
The british constitution is an important part of the UK's legal and political system. It is a mixture of statute law, conventions, judicial decisions and treaties.
The UK's Constitution
The UK's Constitution combines the powers of the monarch, two houses of parliament (the House of Commons and the House of Lords), and the executive. The devolved legislatures and governments in Scotland, Wales and Northern Ireland also have a role.
Differences with other countries
However, there are some differences between the British constitution and those of other countries, including France, Italy and Spain. For example, the UK's constitution does not contain a written bill of rights or a comprehensive constitution like those of France, Italy or Spain.
Key principles
It does, however, contain a number of key principles which are embodied in legislation and other sources of law. These include the principle of separation of powers, which states that the three main powers of government - the executive, the legislature and the judiciary - should be separated from each other.
Protection of human rights
Another aspect of the UK's constitutional law is the statutory protection of human rights. The human rights laws that protect us from discrimination, torture, imprisonment and other injustices have all been passed by parliament. These laws are based on the premise that they must be fair to all, and cannot be used to target particular groups of people.
Statutory regulation
For instance, the 'habeas corpus' remedy protects those who have been detained in prison without legal authority. Abortion and same-sex marriage are also regulated by statute.
Protection through common law
Many other areas of human rights are protected through the 'common law', which is the body of rules that have been developed by judges over the years, and can be found in the judgments of courts. These are not legally binding, but they are widely accepted.
Independence of the judiciary
The independence of the judiciary is also a key feature of the UK's constitution. This means that, since the Act of Settlement 1700, no judge has ever been removed from office - this can be done only by the monarch acting on advice from ministers. This is a shared understanding of the importance of the justice system, and reflects the common law's view that judges are a vital part of a well-functioning legal system.
Challenges and a proposed solution
These principles of the constitution have helped to make the UK a tolerant and peaceful country, and its citizens feel safe in their communities. But they have not stopped some people feeling that their rights are being eroded.This is a serious problem, especially for those who have been targeted by the police, who can feel helpless in the face of a system which seems to be set up to target them.One way to overcome this is through a codified constitution, which would give the citizens of Britain an idea of the laws that govern them and which they can refer to. Such a document would, in theory, be able to balance the power of the executive and give further accountability to the executive, as it would be able to be struck down by the courts.
