Monday 8 February 2016

What are the core principles of the UK constitution?


The UK constitution has a set of core principles, one of them being parliamentary sovereignty. Sovereignty is a key concept in all constitutions, this is because is defines the location of supreme constitutional power. In the UK power is located in parliament, and it is a core principle of our controversial constitution. Parliamentary sovereignty is a form of legal sovereignty, it gives parliament the power to make or unmake or remove any law it wishes. It gives parliament total power and complete control. There are many doubts about the accuracy and continuing relevance of parliamentary sovereignty, because parliament is not and has never been politically sovereign, although they have the legal right to make or unmake or remove laws they do not always have the political ability to do so. For example parliament has the legal right to abolish elections however this would result in popular protest.

Another core principle of the UK constitution is the rule of law, this is the second key principle of the UK constitution, it has been seen as an alternative to a codified constitution showing that even in the absence of higher law, government is still subject to legal constraints and and checks. 

Moreover the UK's constitutional monarchy is another core principle. Although the monarchy lost complete control and sovereignty a long time ago, it still remains a constitutionally significant body in the UK. However according to Bagehot dignified institutions still played a vital role even if they did not exercise meaningful political power. The role of the monarchy is a symbol of political unity. 


Furthermore parliamentary government is another core principle of the UK's constitution. The UK's constitutional structure is based on a fusion of powers between the executive and Parliament. Government and parliament are therefore overlapping institutions. Government governs through parliament however particular controversy has arisen as a result of the close relationship between government and parliament. This can lead to a situation in which the executive can use the sovereign power of parliament to make its own decisions which presents the problem of an elected dictatorship.

Lastly another core principle of the UK constitution is Eu membership, the UK's membership to the EU questions whether parliament is actually sovereign anymore. There are three ways in which the EU infringes upon parliamentary sovereignty. Firstly, the fact that European law is higher that statue law, and it will take precedence over statue law. Moreover that some EU bodies have supranational powers such as the European commission. Therefore they can impose their will on member states regardless of the stance taken by national legislatures. Lastly the decline of the national veto, the national veto protected parliamentary sovereignty by allowing any member state to block EU measures that threatened vital national interests. 

Chloe Ives

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