One could argue that there are two distinct perspectives with regard to the British constitution. The false impression that no such provision exists, and the factual awareness that indeed it does. The French political theorist Alexis de Tocqueville famously termed. The notion of a British constitution. As “non existent”, personifying typically British consensus today. In reality of-course there is a British constitution. In the sense that there is a collection of basic rules and principles, according to which Britain is governed.
The British constitution differs from those of other countries in. That it does not take the form of a single codified document. But instead a vast collection of legal tributaries, that come together to form the river that is the British constitution. This essay intends to selectively explore the British constitution today. Reviewing established safeguards. And integral defence measures, uncovering possible flaws in the current system. This essay shall subsequently examine up and coming constitutional reforms, and decipher the extent to which they adequately resolve the relevant problems.
Contrary to popular belief the British constitution does in part exist in written form’, primary examples of which are Acts of Parliament and similar forms of legal doctrine. Overall however the UK lacks the equivalent of a single primary source for the constitution, relying instead on various secondary sources.
These components include statute law, comprising of Parliament Acts and subsequent delegated legislation, common law, which incorporates longstanding legal principles developed and applied by the courts, and conventions, constituting implied, non-enforceable rules of behaviour. Works of authority is another less common yet equally important origin of constitutional law. Historically there have also been a variety of prominent catalysts playing significant roles in the overall development of the constitution. These have taken the form of specific Acts of Parliament, universal/national declarations, and European statutes, to name but a few.
