The Constitution of the United Kingdom - Essay Example

The Constitution of the United Kingdom The Constitution of the United Kingdom Introduction United Kingdom displays unique charactersin the manner in which its constitution exists. The uniqueness comes because the constitution exists as a set of unwritten laws unlike the constitution of majority of countries that are sets of written laws governing respective states. Lack of written constitution in British traces its history from the fact that Britain has enjoyed one of the most organized political units in the world history. British have never experienced revolution in its history1. Consequently, the country boasts of a long-term relative stability of a politically organized unit. Most countries that experienced revolution had to start building their institutions from scratch and give a comprehensive linkage of institutions and their relationship with the citizens. The summary of British constitution is that what the queen enacts in parliament remains the law. Reasons Why UK Constitution Is Not a “Law” It Is Not a Set of Rules Many people refer to the UK constitution as uncodified meaning that it differs from majority of the world that has codified set of rules governing them. In the United Kingdom, the UK bases their constitution in the long-term democracy and judicial tyranny2. The UK capitalizes on its long-term democratic rule that remains unbroken to date. The democratic rule and judicial tyranny serves as the basis of controlling the human character rather than the imposition of law as seen in many countries. In most countries, the constitution making process is a task of legislators; either of the upper or lower house, senate and/or parliament. However, the constitution of UK owes its existence to judges. The judges are neither elected nor social representatives leading to democratic deficit as a result unavailability of democratic legitimacy. Lack of Rigidity, Fixity and Coercive Authority Written laws and codified constitutions show rigidity and sanctions. Most governments use laws to achieve their goals through restrictions, prohibitions, coercions and command for action that in most cases demand to regulate or change behavior3. In addition, such laws also change status of an individual or even institutions governed by such laws. However, the British constitution does not operate on such principles because it gives individuals and institutions a democratic space where there is no command, coercion, restrictions and or even prohibitions. The UK neither Creates nor Maintains Its Constitution Laws of most countries of the world are creations of the state machinery. In addition, the same state does the maintenance of its constitution to ensure that it remains authoritative to serve its purpose4. Countries around the world have law enforcing officers who ensure maintenance and protection of its constitution. However, in the UK, the state does not participate in the creation of its constitution because it owes its origin to various sources5. Such sources include conventions; it is a set of rules. Not a Set of Rules Most constitutions that serve as law are in a set of constitutional provisions collected within the confine of a single document. Such set of rules defines written constitution. However, the British constitution does not meet the criteria of being in the confinement of one document because they are rules that originate from various sources. They work even in the absence of a single document deemed legal or constitution. UK Constitution Is Highly Flexible Any codified constitution should show rigidity and inflexibility by posing great challenges when it comes to altering it. The reason for its flexibility comes due to the complexion and protection that the constitution has. It therefore, normally takes huge government resources to alter it possibly through a referendum or through legislation of parliament. Such process may require the input of a lot of government machinery and finances as well as massive human efforts6. Consequently, changing it normally remains a demanding and complicated process. However, the UK constitution defies all these odds to become one of the most flexible constitutions in the world. Since 1997, it has undergone extra-ordinary constitutional changes making it different from the normal norms of a law. There is an argument that the UK constitution has undergone great changes by parts such that it is becoming codified with time. UK Parliament Is Supreme In many countries such as US where constitutions play the role of a law, the same law remains supreme to the parliament and any other institution within the state7. The law even limits the powers of the head of state to greater extent, unlike in the UK where the Prime minister and the cabinet enjoy top authority of running government institutions. The UK constitution falls short of a law because UK parliament remains supreme and sovereign to the constitution8. In addition, parliament remains as the sole representative of the estates within the nation aristocracy, people, church and monarchy, which makes laws. Parliament is ever right; meaning whatever it does can be neither unconstitutional nor illegal since it determines what is law that governs the land. Parliament passes bills that eventually find the monarch assent to become constitution. Ease of Blending With New Laws Constitutions that act as law in various countries show serious rigidity to accommodating new sets of laws. That is, they do not easily accept to blend easily with newly constituted laws and by laws. However, United Kingdom constitution is always in a state of constant flux. In other words, United Kingdom constitution has the ability to each new law whether legislated by parliament, enacted by the monarchy or decisions made through judges9. Consequently, such new laws easily become new stones in the British constitution edifice. For the above reason, the British constitution changes gradually but regularly with time, often imperceptibly10. It is therefore evident that evolution is the engine that drives British, not revolution. Lack of Authority for UK Law In countries where there is active constitutional law, the constitution is authoritative and binds all political institutions. Such institutions include those involved in making ordinary law, for instance, parliament and courts. In addition, the authoritative nature of the law makes it not easy to abolish, that is they are entrenched. The same law is not judiciable in the sense that where there is no higher law, judges can declare the constitutionality and unconstitutionality of the law and action. However, United Kingdom has law that does not have constitutional authority11. Changing this constitution involves simple procedures, meaning the constitution lacks entrenchment. Furthermore, the constitution is not judiciable whatsoever in the absence of higher law. In other words, judges are short of a legal framework within which they can declare an action or law unconstitutional or unconstitutional. Violation of UK Constitution Do Not Attract Punishment Based on her democratic history that she treats as strength, United Kingdom does not apply heavy punishments to her lawbreakers as compared to other states that apply the rule of law. United Kingdom heavily relies on the bill of rights that govern the human conduct but not its constitution12. Consequently, the British law does not call for law enforcing officers to bring lawbreakers in to heavy punishment because everyone is entitled to his or her own freedom. Important to note still, United Kingdom constitution does not express the will of the people as witnessed in the characteristics of most laws. Making the constitution and its amendment lies in the hands of the legislators and to some extent judges crucial decisions. Such contributions add up to constitute content of the constitution13. The people of United Kingdom never get opportunities to contribute to the amendment of the constitution either through a national referendum or democratically. Consequently, every slight contribution to the development and amendment of the constitution is a preserve of the parliament and to some little extent that of the judiciary. Conclusion The democratic space that the uncodified constitution of the United Kingdom enjoys is a strong element that should remain unchanged. United Kingdom has uncodified constitution that gives much respect and dignity to humanity. The fact that the uncodified constitution does not coerce the citizens to remain obedient to authority makes it accommodative to all, giving people the power to express themselves freely and give their views. Furthermore, the United Kingdom constitution is flexible. The flexibility property gives it a competitive quality that makes it accommodative to changes depending on the circumstances. Codified constitutions have a great disadvantage of displaying rigidity and inflexibility making it difficult when it comes to responding to changes and staying up to date with the changing circumstances. Flexibility is a crucial property for any constitution to possess in the modern ever-changing political, economic and social environment. However, some aspects of codified constitution should also govern some parts of the constitution because it has some positive aspects that can help in stabilizing any institution. It helps in limiting powers of the governments and other institutions likely to misuse power vested in their hands. Consequently, codified constitutions help in stopping powers in instances of elective dictatorships and as well as dictatorial parliamentary sovereignties. In addition, incorporating codified laws in the United Kingdom will also undoubtedly provide clear rules and legal framework for the judicial decision-making. Bibliography "The United Kingdom of Great Britain and Northern Ireland." Background Notes On Countries Of The World 2003 (April 27, 2003): 1. Business Source Complete, EBSCOhost (accessed January 12, 2015). 2012. "CIA: The World Factbook: United Kingdom." CIA World Fact Book 50, 763-767. Academic Search Premier, EBSCOhost (accessed January 12, 2015). Baker, John. 2013. "The Unwritten Constitution of the United Kingdom." Ecclesiastical Law Journal 15, no. 1: 4-27. Academic Search Premier, EBSCOhost (accessed January 12, 2015). 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