Differences in the UK Constitution - Essay Example

The Constitutional status quo that exists in the country has produced a very flexible system wherein governance is dependent upon political and democratic principles rather than a rigid system that relies upon written rules3. Parliament is sovereign, as articulated by Oxford Professor A.V. Dicey who stated that “in theory, Parliament has total power, it is sovereign” thereby it is the source of all valid authority.4 There is no formal separation of powers between the three branches of Government – the executive, the legislature, and the judiciary.

The functions of the executive and legislature are often mingled with that of the judiciary since ministers who implement new acts are also involved in legislation, similarly, judges in the House of Lords are also entitled to participate in the legislative business of the Upper House.5 Moreover, judicial independence under the UK Constitution is not exclusive to political interests. Judges are appointed by the Lord Chancellor, thus their functions cannot be judicially impartial, while Based upon the features of the U.K. Constitution as spelled out above, it may be noted that it is different from the Constitutions of other countries.

One of the most important differences is that the UK Constitution is uncodified, while most other countries such as the United States, European and Asian countries have a formal Written Constitution that lays out the principles upon which the nation is founded. In the United States and the Commonwealth of Independent States, the Constitutions spell out a Federal, decentralized system of Government and the exact division of powers between the Centre and the States, for example, the tenth amendment to the U.S. Constitution.

7 In Australia, the Australian Commonwealth Act of 19008 has handed over Constitutional control of the Privy Council to the Federal Government while retaining the independence of the States in other portfolios such as education and health. South Africa has a quasi-federal republic with its Constitution spelling out the President as the Head of State and a bicameral parliament.