05 May 2025

A Codified Constitution? - Notes for Students

Numbers at the end of paragraphs refer to the reading links at the end of this post.

The United Kingdom (UK) does not have a formal (codified) constitution. In the modern world, such constitutions are the norm and numerous examples are easy to find. (1)

This is not to say that the UK lacks a constitution (or constitutional arrangements). The

Law in Wales website notes - “most of the laws, conventions and understandings relating to the constitution are written down”, it is just that “they cannot be found conveniently written down all in one place”. 

The Supreme Court of the UK has stated - "Although the United Kingdom does not have a single document entitled “The Constitution”, it nevertheless possesses a Constitution, established over the
course of our history by common law, statutes, conventions and practice. Since it has not been codified, it has developed pragmatically, and remains sufficiently flexible to be capable of further development." (2)

The House of Commons Library has recently published a Research Briefing - The United Kingdom constitution - a mapping exercise.  The briefing attempts to “map” the UK’s constitution, summarising the main statutes, prerogatives, conventions and case law in several recognised constitutional categories. (3)

The Research Paper does not claim to be  an attempt to codify the UK constitution and there is a vast volume of literature on the pros and cons of that topic. Whether the UK should adopt such a document has been debated for many years. (4)

--- OOOOO ---

Reading Links

1) examples include The USA, Republic of Ireland, Australia

2) R (Miller) v Prime Minister [2019] UKSC 41 at para 39

3)  The United Kingdom constitution - a mapping exercise - author David Torrance - House of Commons Library - CBP 9384 (23 April 2025). The briefing attempts to “map” the UK’s constitution, summarising the main statutes, prerogatives, conventions and case law in several recognised constitutional categories. The focus is on the constitution as it is rather than as it has been in the past; on describing aspects which are commonly referenced, most relevant and perhaps often misunderstood. There is also an attempt to capture various elements of what Walter Bagehot termed the “dignified constitution”, the UK’s often colourful ceremonial traditions.

The briefing is not is an attempt to codify the UK constitution and the notes that -

we should take care not to overestimate the differences between written and unwritten constitutions: large parts of the UK constitution are written, whilst large parts of the constitutions of states with a capital c Constitution lie outside of that document.

4) Previous posts on this blog and links to other sites 

Posts on Law and Lawyers - 

Do we need a written constitution? (February 2010) and a follow-up post Should we have a written constitution Number 2 (April 2010).

A written constitution for the UK? Have your say (July 2014) - referring to a report by the Political and Constitutional Reform Committee of the House of Commons. The report was lengthy (243 pages) - see
- A New Magna Carta?  Second Report of Session 2014-15 (3rd July 2014).

A Codified Constitution? (November 2019) - a post with numerous links to material discussing this topic

A Codified Constitution? (August 2021) 

Posts on other sites - these are just a selection

January 15, 2025

 🌐



🌐

Why the UK needs a written constitution
The pandemic showed that this country does not have a consistent set of processes to follow in times of crisis
 


 


 

No comments:

Post a Comment

Note: only a member of this blog may post a comment.