The Changing British
Political System:
The British Constitution
Constitutions
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Constitution: set out relationship between
1.
2.
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State and individuals
Different institutions of the state
Constitutions define distribution of power
within state and between state & citizens
Arend Lijphart, Patterns of Democracy
(1999) – 3 dimensions of constitutions:
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Written vs unwritten
Flexible vs rigid
Judicial review vs no judicial review
British Constitution – Features
1.
Uncodified (‘unwritten’)
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2.
Flexible
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3.
Not written down in one place – scattered across
statute book, conventions, etc.
No special provisions for changing constitution
Can change with times – but also susceptible to
abuse?
No judicial review
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Courts could not over-ride parliament (but EU law)
Human Rights Act 1998 – judicial activism?
Dicey’s ‘Twin Pillars’ of the Constitution
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Rule of Law and Parliamentary Sovereignty
Equality before the law
Instead of a ‘constitution’, Britain has the doctrine
of parliamentary sovereignty
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‘The principle of parliamentary sovereignty means
nothing more nor less than this, namely, that Parliament
… has, under the English constitution, the right to make
or unmake any law whatever; and, further, that no
person or body is recognised by the law as having a right
to override or set aside the legislation of Parliament.’ A.V.
Dicey, Introduction to the Study of the Law of the
Constitution (1885)
Parliamentary Sovereignty
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Parliament has a monopoly of legitimate lawmaking power
Historically no US-style judicial review by courts
‘If we [in Britain] have a constitution at all, it is
a one-sentence constitution stating that
Parliament can make or repeal any law
whatsoever.’ (F. F. Ridley, 1988)
Gladstone: ‘[The British Constitution] presumes
more boldly than any other the good sense and
the good faith of those who work it’
Sources of the Constitution (1)
1.
Statute law

2.
Common law (judge-made law)
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3.
Parliament Act 1911, European Communities Act 1972,
Scotland Act 1998
Judicial decisions and Royal Prerogatives
Freedom of speech
Power to make treaties
Doctrine of Parliamentary Sovereignty
Works of authority

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Recognised guidance on constitution
A.V. Dicey, An Introduction to the Study of the Law of
the Constitution (1885)
Hansard, Erskine May
Sources of the Constitution (2)
4.
Conventions
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Unwritten but accepted rules of behaviour
Monarch assents to legislation
Monarch appoints dominant party’s leader as PM
All ministers drawn from Commons or Lords
Collective cabinet responsibility
Salisbury convention – ended with Lords reform
Conventions common to all political systems, e.g.
no mention of electoral college in US Constitution
How are conventions enforced?
Sources of the Constitution (3)
5.
EU law

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Major modification of parliamentary
sovereignty
EU law can over-ride UK law in order to
make single market work
Factortame court case (1990)

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ECJ ruled that national courts could dis-apply UK
laws that violated European law
’Nuclear option’: UK can leave EU, thus
reasserting primacy of UK law 
parliamentary sovereignty intact?
Constitutional Doctrine (1)
The Unitary State
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Power enjoyed by sub-national govt can be revoked by
Westminster
Devolution has politically (but not legally) changed situation
The Crown and Parliament
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Executive exercises powers once held by Monarch
Prerogative powers
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Appointing ministers
Dissolving parliament
Appointing civil servants
Declaring war
Appointing officers in the armed forces
Making treaties
Constitutional Doctrine (2)

Doctrine of Responsible Government
Govt responsible to parliament – resign if it loses
vote of confidence
 Individual ministers responsible to parliament
 Govt responsible to electorate – seeks mandate in
a general election
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Collective Responsibility
Ministers must defend Govt decisions or resign
 Related to: if Govt defeated in parliament in noconfidence vote, it must collectively resign
 Collective responsibility occasionally waived, e.g.
EEC referendum in 1975

Constitutional Doctrine (3)

Individual Ministerial Responsibility
Ministers responsible for actions of their Depts
 Expected to resign if serious problems
 Expected to resign if they lie to parliament
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Weakening of the Doctrine
Rapid turnover of ministers
 Ministries too big for one person to be held
responsible
 Blurred lines of accountability – esp. autonomous
agencies
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Distinction between policy responsibilities (minister) and
operational responsibilities (agency)
Constitutional Doctrine (4)

Mandate Theory of Government
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Govt claims right to implement policies supported in manifesto by
voters in general election
Assumption: voters choose Govts in general elections (2-party
system)
To what extent can Lords or courts legitimately frustrate decisions
of elected Govt?
Conclusion
UK constitution/political system – ideal-type ‘Westminster model’
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Parliamentary sovereignty
No judicial review
Flexible constitution
Unitary state
But numerous changes to constitution and political system since
1997 – explored throughout this course