Chapter 1 - Constitutional Fundamentals & Sources of the
Constitution
03 October 2025 22:42
1.1 What is a constitution?
• Constitutions set out the fundamental rules and principles governing an organisation,
such as a political party, club, or state.
• A political constitution specifically organises the structure of a state, establishes its
legal order, and reflects the core values of society.
In essence, a constitution:
• Defines a state’s fundamental political principles — the key ideas or doctrines on
which it is based.
• Establishes the framework of government, outlining the powers and duties of the
executive, legislature, and judiciary.
• Guarantees citizens’ rights and freedoms, such as free speech and the right to vote in
free elections.
1.2 Classifying constitutions
1. Written / Unwritten
Written (Codified) Constitution in a single document; defines powers of branches; may
include Bill of Rights
Unwritten Constitution made up of multiple sources: statutes, case law,
(Uncodified) conventions
UK Constitution: Unwritten — no single authoritative document; composed of statutes,
case law, and conventions.
2. Republican / Monarchical
Republican Head of state is an elected president
Monarchical Head of state is an unelected monarch; often ceremonial powers
UK Constitution: Monarchical — the Monarch is the unelected head of state; powers largely
exercised by the government.
3. Federal / Unitary
Federal Division of power between central and regional governments
Unitary Single sovereign legislature; regional powers derive from central government
UK Constitution: Unitary — Parliament at Westminster is supreme, though devolution
introduces quasi-federal elements.
4. Rigid / Flexible
Rigid Constitution is entrenched; requires special procedures to amend
Flexible Constitution can be amended through ordinary legal processes
UK Constitution: Flexible — can be changed by ordinary legislation; no special procedures
required.
5. Formal / Informal Separation of Powers
Constitional, Admin and EU Law Page 1
,5. Formal / Informal Separation of Powers
Formal Clear separation of executive, legislature, and judiciary in both functions and
personnel
Informal Overlap exists between branches in functions and personnel
UK Constitution: Informal — some overlap between branches; no written rules enforce
strict separation.
1.3 Core constitutional principles
The UK constitution is based on three core principles:
1. Rule of Law
2. Separation of Powers
3. Sovereignty (Supremacy) of Parliament
Rule of Law
Key Element Description
No arbitrary State or government must act only as permitted by law
power
Proper law- Laws should follow an established procedure
making
Clarity Laws must be clear and accessible; citizens punished only for clearly
defined breaches
Certainty Laws should not be retrospective; citizens cannot be punished for acts
that were not crimes when committed
Equality before All citizens have equal access to justice; no special exemptions for
the law officials
Independent Courts must be independent and impartial, free from interference by
judiciary the legislature or executive
Separation of Powers
Branch Role UK Composition
Legislatur Makes the law Monarch, House of Lords, House of Commons
e
Executive Implements the law Monarch, Prime Minister, ministers, civil service,
police, armed forces
Judiciary Resolves disputes about Monarch, legally qualified judges, magistrates
the law
• Complete separation is unrealistic in modern states.
• The concept of checks and balances ensures that each branch can limit the power of
the others to prevent abuse.
Sovereignty of Parliament
• The Westminster Parliament is the supreme law-making body under the UK’s unitary
constitution.
• Doctrine: Parliamentary sovereignty means that legislation enacted by Parliament
takes precedence over the common law.
• Implication: Parliament can, in principle, make any law it wishes, though practical and
Constitional, Admin and EU Law Page 2
, • Implication: Parliament can, in principle, make any law it wishes, though practical and
legal limitations exist.
1.4 Sources of the UK constitution
Four principal sources:
1. Acts of Parliament
Many key aspects of the UK constitution are contained in statutes.
Important Acts include:
Act Key Contribution
Magna Carta 1215 First limitation on Monarch’s power; rights of freemen (trial by
jury, protection from unlawful imprisonment); established
principle that no one is above the law.
Bill of Rights 1689 Limited Monarch’s powers; regular Parliament meetings; free
elections; parliamentary debates protected from court
interference; Monarch cannot impose taxes or suspend laws
arbitrarily.
Acts of Union United England and Scotland under one Parliament; preserved
1706–07 separate Scottish legal and church systems.
Parliament Acts Ensured the House of Commons can override the House of
1911 & 1949 Lords; strengthened democratic legitimacy of Commons.
Police and Criminal Regulated police powers; included procedural safeguards for
Evidence Act 1984 civil liberties.
Public Order Act Allowed restrictions on marches and public meetings to balance
1986 civil liberties and public order.
Human Rights Act Incorporated European Convention on Human Rights into UK
1998 law; citizens can challenge breaches in domestic courts.
Acts of Devolution Created devolved governments in Scotland, Wales, and
(e.g., Scotland Act Northern Ireland; decentralised powers.
1998)
Constitutional Reformed Lord Chancellor role; established Supreme Court;
Reform Act 2005 created Judicial Appointments Commission; separated judiciary
from House of Lords.
European Union Repealed European Communities Act 1972; ended EU law
(Withdrawal) Acts supremacy; introduced retained EU law (post-Brexit).
2018 & 2020
Key points about Acts of Parliament in the UK Constitution:
• No Act is “entrenched”; all can be repealed by ordinary legislation.
• Parliament can make significant constitutional changes easily due to the unwritten
nature of the constitution.
• Limitations on Parliament are usually political, economic, or social, rather than strictly
legal.
• Some modern Acts (e.g., Scotland Act 2016) include referendum provisions before
Parliament can legislate on certain matters.
2. Case Law
Case law (common law) is a key source of constitutional principles in the UK. It establishes
Constitional, Admin and EU Law Page 3
, Case law (common law) is a key source of constitutional principles in the UK. It establishes
limits on state power, protects civil liberties, and guides the judiciary in interpreting statutes
and reviewing executive actions.
The Common Law
Principle Description / Example
Residual Citizens are free to act or speak unless prohibited by law (Acts of
freedom Parliament).
State actions State officials must have legal authority for their actions. Example:
require legal Entick v Carrington (1765) – Secretary of State had no legal basis for
authority issuing general warrants; established limits on arbitrary state power.
Legal disputes Monarch cannot decide legal matters arbitrarily; courts resolve
resolved by disputes. Example: Case of Prohibitions (Prohibitions del Roy) (1607).
judiciary
Habeas corpus Individuals detained by the state can challenge legality of detention;
and individual originated in common law, later strengthened by statute.
liberty
Right to a fair Courts uphold the right to a fair trial as part of the rule of law;
hearing reinforced in Art 6 ECHR and HRA 1998.
Judicial Review
• Courts ensure the government and public bodies exercise powers lawfully and do not
breach the rule of law.
• Provides a constitutional check on executive action.
• Further details covered in Chapters 6 and 7.
Interpretation of Statute
• Courts interpret statutes in ways that may have constitutional significance.
• Example: R (Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5
(Miller No. 1) – Supreme Court ruled that the Government could not use the royal
prerogative to trigger Brexit without an Act of Parliament.
3. The Royal Prerogative
The royal prerogative consists of powers originally exercised by the Monarch that remain
legally available unless removed by Parliament. In modern practice, these powers are
exercised by the government on the Monarch’s behalf.
Scope of the Royal Prerogative
Area Key Powers
Foreign - Declare war & deploy armed forces overseas- Make treaties- Recognise
affairs foreign states
Domestic - Summon Parliament- Appoint/dismiss Prime Minister & ministers- Give
affairs Royal Assent to bills- Defence of the realm (deploy forces in the UK)- Exercise
prerogatives of pardon & mercy- Grant public honours- Set up public bodies
to disburse funds from Parliament.
Interaction with Statute
Parliament can remove or limit prerogative powers:
Constitional, Admin and EU Law Page 4
Constitution
03 October 2025 22:42
1.1 What is a constitution?
• Constitutions set out the fundamental rules and principles governing an organisation,
such as a political party, club, or state.
• A political constitution specifically organises the structure of a state, establishes its
legal order, and reflects the core values of society.
In essence, a constitution:
• Defines a state’s fundamental political principles — the key ideas or doctrines on
which it is based.
• Establishes the framework of government, outlining the powers and duties of the
executive, legislature, and judiciary.
• Guarantees citizens’ rights and freedoms, such as free speech and the right to vote in
free elections.
1.2 Classifying constitutions
1. Written / Unwritten
Written (Codified) Constitution in a single document; defines powers of branches; may
include Bill of Rights
Unwritten Constitution made up of multiple sources: statutes, case law,
(Uncodified) conventions
UK Constitution: Unwritten — no single authoritative document; composed of statutes,
case law, and conventions.
2. Republican / Monarchical
Republican Head of state is an elected president
Monarchical Head of state is an unelected monarch; often ceremonial powers
UK Constitution: Monarchical — the Monarch is the unelected head of state; powers largely
exercised by the government.
3. Federal / Unitary
Federal Division of power between central and regional governments
Unitary Single sovereign legislature; regional powers derive from central government
UK Constitution: Unitary — Parliament at Westminster is supreme, though devolution
introduces quasi-federal elements.
4. Rigid / Flexible
Rigid Constitution is entrenched; requires special procedures to amend
Flexible Constitution can be amended through ordinary legal processes
UK Constitution: Flexible — can be changed by ordinary legislation; no special procedures
required.
5. Formal / Informal Separation of Powers
Constitional, Admin and EU Law Page 1
,5. Formal / Informal Separation of Powers
Formal Clear separation of executive, legislature, and judiciary in both functions and
personnel
Informal Overlap exists between branches in functions and personnel
UK Constitution: Informal — some overlap between branches; no written rules enforce
strict separation.
1.3 Core constitutional principles
The UK constitution is based on three core principles:
1. Rule of Law
2. Separation of Powers
3. Sovereignty (Supremacy) of Parliament
Rule of Law
Key Element Description
No arbitrary State or government must act only as permitted by law
power
Proper law- Laws should follow an established procedure
making
Clarity Laws must be clear and accessible; citizens punished only for clearly
defined breaches
Certainty Laws should not be retrospective; citizens cannot be punished for acts
that were not crimes when committed
Equality before All citizens have equal access to justice; no special exemptions for
the law officials
Independent Courts must be independent and impartial, free from interference by
judiciary the legislature or executive
Separation of Powers
Branch Role UK Composition
Legislatur Makes the law Monarch, House of Lords, House of Commons
e
Executive Implements the law Monarch, Prime Minister, ministers, civil service,
police, armed forces
Judiciary Resolves disputes about Monarch, legally qualified judges, magistrates
the law
• Complete separation is unrealistic in modern states.
• The concept of checks and balances ensures that each branch can limit the power of
the others to prevent abuse.
Sovereignty of Parliament
• The Westminster Parliament is the supreme law-making body under the UK’s unitary
constitution.
• Doctrine: Parliamentary sovereignty means that legislation enacted by Parliament
takes precedence over the common law.
• Implication: Parliament can, in principle, make any law it wishes, though practical and
Constitional, Admin and EU Law Page 2
, • Implication: Parliament can, in principle, make any law it wishes, though practical and
legal limitations exist.
1.4 Sources of the UK constitution
Four principal sources:
1. Acts of Parliament
Many key aspects of the UK constitution are contained in statutes.
Important Acts include:
Act Key Contribution
Magna Carta 1215 First limitation on Monarch’s power; rights of freemen (trial by
jury, protection from unlawful imprisonment); established
principle that no one is above the law.
Bill of Rights 1689 Limited Monarch’s powers; regular Parliament meetings; free
elections; parliamentary debates protected from court
interference; Monarch cannot impose taxes or suspend laws
arbitrarily.
Acts of Union United England and Scotland under one Parliament; preserved
1706–07 separate Scottish legal and church systems.
Parliament Acts Ensured the House of Commons can override the House of
1911 & 1949 Lords; strengthened democratic legitimacy of Commons.
Police and Criminal Regulated police powers; included procedural safeguards for
Evidence Act 1984 civil liberties.
Public Order Act Allowed restrictions on marches and public meetings to balance
1986 civil liberties and public order.
Human Rights Act Incorporated European Convention on Human Rights into UK
1998 law; citizens can challenge breaches in domestic courts.
Acts of Devolution Created devolved governments in Scotland, Wales, and
(e.g., Scotland Act Northern Ireland; decentralised powers.
1998)
Constitutional Reformed Lord Chancellor role; established Supreme Court;
Reform Act 2005 created Judicial Appointments Commission; separated judiciary
from House of Lords.
European Union Repealed European Communities Act 1972; ended EU law
(Withdrawal) Acts supremacy; introduced retained EU law (post-Brexit).
2018 & 2020
Key points about Acts of Parliament in the UK Constitution:
• No Act is “entrenched”; all can be repealed by ordinary legislation.
• Parliament can make significant constitutional changes easily due to the unwritten
nature of the constitution.
• Limitations on Parliament are usually political, economic, or social, rather than strictly
legal.
• Some modern Acts (e.g., Scotland Act 2016) include referendum provisions before
Parliament can legislate on certain matters.
2. Case Law
Case law (common law) is a key source of constitutional principles in the UK. It establishes
Constitional, Admin and EU Law Page 3
, Case law (common law) is a key source of constitutional principles in the UK. It establishes
limits on state power, protects civil liberties, and guides the judiciary in interpreting statutes
and reviewing executive actions.
The Common Law
Principle Description / Example
Residual Citizens are free to act or speak unless prohibited by law (Acts of
freedom Parliament).
State actions State officials must have legal authority for their actions. Example:
require legal Entick v Carrington (1765) – Secretary of State had no legal basis for
authority issuing general warrants; established limits on arbitrary state power.
Legal disputes Monarch cannot decide legal matters arbitrarily; courts resolve
resolved by disputes. Example: Case of Prohibitions (Prohibitions del Roy) (1607).
judiciary
Habeas corpus Individuals detained by the state can challenge legality of detention;
and individual originated in common law, later strengthened by statute.
liberty
Right to a fair Courts uphold the right to a fair trial as part of the rule of law;
hearing reinforced in Art 6 ECHR and HRA 1998.
Judicial Review
• Courts ensure the government and public bodies exercise powers lawfully and do not
breach the rule of law.
• Provides a constitutional check on executive action.
• Further details covered in Chapters 6 and 7.
Interpretation of Statute
• Courts interpret statutes in ways that may have constitutional significance.
• Example: R (Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5
(Miller No. 1) – Supreme Court ruled that the Government could not use the royal
prerogative to trigger Brexit without an Act of Parliament.
3. The Royal Prerogative
The royal prerogative consists of powers originally exercised by the Monarch that remain
legally available unless removed by Parliament. In modern practice, these powers are
exercised by the government on the Monarch’s behalf.
Scope of the Royal Prerogative
Area Key Powers
Foreign - Declare war & deploy armed forces overseas- Make treaties- Recognise
affairs foreign states
Domestic - Summon Parliament- Appoint/dismiss Prime Minister & ministers- Give
affairs Royal Assent to bills- Defence of the realm (deploy forces in the UK)- Exercise
prerogatives of pardon & mercy- Grant public honours- Set up public bodies
to disburse funds from Parliament.
Interaction with Statute
Parliament can remove or limit prerogative powers:
Constitional, Admin and EU Law Page 4
