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Introduction

The United Kingdom’s Constitution is comprised of character and legislation, along with the judicial judgments, common law, conventions, precedents, and traditions. The sources of the Constitution of UK include the legislation and lesser formal writings with no legal authority. The primary sources of constitutional law consist of the acts of Parliament, court cases, and the conventions in the manner of the monarch, parliament, and the government. Recalling the history of the UK constitution, the main focus is on the evolution of the constitutional laws of UK from the foundation of England, Wales, Scotland, and Ireland in the current scenario.1 Despite the fact that it was originally constituted in 1800, the history of the constitution of the United Kingdom stretches back to a time prior to the England, Scotland, Wales, and Ireland that had been entirely formed. The Rule of Law has been preserved in the United Kingdom on the basis of the facts that there could be removal of judges from the office only for the serious misbehaviors and follows the procedure that requires both the Houses of Parliament towards agreement. As a result, the judges might make the rulings without fear or favor.

Discussion

Legislation is considered the most essential source of the constitutional law. The Acts of Parliament tend to establish the constitutional norms or might transfer the authority for the ministers and others. As per the theory of Parliamentary sovereignty, the legislation is typically considered to take the precedence beyond other type of the constitutional regulation. The most important examples of statutes that make constitutional provisions are considered to be the Bill of Rights 1688 and the European Union (Withdrawal) Act 2018 .2 The UK constitution remains excluded in a single written instrument; is unwritten and not codified, and derives from a multitude of sources. It is beneficial to think of it as a jigsaw puzzle since it is made up of many distinct sections that must be fitted together in order to understand the constitution as a whole. The four main sources are the Acts of Parliament, case law, the royal prerogative, and constitutional conventions. One of the schools of thought holds that the primary or dominating principle of our constitution, parliamentary sovereignty, derives from political fact rather than law. United Kingdom’s constitution differs from other nations in terms of the fundamental elements that are not included within the legal source. Such explanation could be in part by the United Kingdom’s history. The constitution is considered to be the supreme law, yet there is no clear idea of the higher law in the system of the United Kingdom. For obvious reasons, there are no such demarcation between the constitutional and the regular law.3 This seems to imply that there are no unique processes within the UK for altering the constitution. ;

Acts of Parliament

Although the constitution is claimed to be unwritten, many key components of it may be found in numerous legislation established by Parliament. The Acts of Parliament enact newer legislations and modifies the existing legislation. An Act is considered such Bill having ben received the Royal Assent from the Monarch post approval by the House of Lords and Commons. The collective consideration of the Acts of Parliament constitutes the knowing such as the Statute Law within the United Kingdom. The Government seems to take charge to enforce the new laws that is to be enacted by the Parliament. Also, there might be immediate effect of the act at a later date or in phases.4 This could be found out when the Act goes into effect by considering a part of the Act that has been titled 'Commencement', that seems to be found at the Act’s end. This includes Magna Carta 1215 having symbolic importance as the earliest statement of restrictions on the Monarch's authority and of individual rights. The concept embodied in Magna Carta is that governance is to be carried according to the law with the consent of the governed. On the other hand, the critics of the uncodified constitution seem to believe that the allowance is for the political system to be misused. There are few limits on the authority of the government with the majority in the House of Commons as per the system of the UK, having the chance to change the rules to the favor. There is a possibility for a strong government to theoretically dissolve the devolved legislatures and lead to the removal of the Human Rights Act.5 Likewise, there might be certain hurdles to the government that rammed through the constitutional amendments that were not considered. 

Case Law

Case law is based on common law and is regarded as a significant source of several major aspects of the UK constitution. This includes residual freedom, which is a notion created through common law. This implies that citizens are free to do or say whatever they choose until the law is expressly stated in Acts of Parliament. This expressly indicates that such an action or speech is not permitted.6 The activities of the state must have legal authority, and common law has established that actions made by state authorities must have a legal foundation if they are to be legitimate. This is related to the notion of the rule of law once again. The courts should settle legal conflicts. The case of Prohibitions (Prohibitions del Roy) (1607) 12 Co Rep 63 is one of the oldest examples of common law establishing constitutionally essential ideas. The case was a property dispute that the King attempted to settle by issuing a decree. The court ruled that the Monarch lacked the authority to make arbitrary decisions on legal affairs and that legal disputes should be settled by the courts. Chief Justice Coke declared that the King cannot judge any matter in his own right. This should be decided in a Court of Justice so that the Court can render a decision. Another facet of the rule of law is the settlement of legal issues by the court.7 In terms of Habeas corpus and the individual’s liberty, wherein the remedy seems to stipulate that the individual having been held by the state has the sole right to have the legitimacy of the imprisonment to be evaluated before the court, having been initially formed through the common law.

Royal Prerogative

The scope of the royal prerogative is the third source from which the government of UK gets the majority of the powers, wherein the Parliament has granted government ministers permission to make decisions or take action in a certain area. However, some of the powers are used by the government for deriving from the royal prerogative. It is considered the residual discretionary or arbitrary authority that has been lawfully left in the Crown’s hands at any given time. Every such act that the government can legitimately carry out without the permission of the Parliamentary Act is to be out under such prerogative.8 The Monarch seems to exercise the prerogative rights having been derived from the common law. The royal prerogative seems to be essentially the remains of the Monarch's former absolute powers, which have not been revoked by Parliament. Although there is no comprehensive list of prerogative powers, the contemporary royal prerogative encompasses the following major domains, covering foreign and domestic matters. The Monarch is constitutionally responsible for using the prerogative powers, most of such powers have been traditionally performed on the Monarch's behalf by the Prime Minister and other government officials.9 However, the Government's capacity to spend money to exercise its prerogative rights is contingent on Parliament's willingness to vote to supply the required cash.

Constitutional Convention

The fourth element is the constitutional convention which is considered the non-legal source of the constitution. As a result, they will not be directly enforced by the courts. Nonetheless, they serve a role of significance in the constitution of UK and the government operations. The sources of the constitution studied are typically referred to as 'legal' sources since they have a clear legal foundation. The non-legal sources of the constitution include the constitutional conventions. Furthermore, the constitutional conventions have the possibility to be changed.10 This is because they are 'non-legal,' wherein such conventions do not require any special steps or procedures to be followed in order to be created. Similarly, if a constitutional convention becomes outmoded, it might be repealed without any official action. For instance, the Monarch, acting on the Prime Minister's recommendation, will not reject Royal Assent to a law agreed upon by both the Houses of Commons and Lords. The Monarch will always assent to the law if urged to do so by the Prime Minister. On the contrary, the Monarch has no active participation in governance, and the legal powers of the Monarch are exercised on the behalf by the chosen government of the day.11 For example, at the suggestion of the Prime Minister, the Monarch will appoint and remove government ministers. As a result, the presence of conventions aims to limit the Monarch's broad legal powers without requiring substantial constitutional changes. It would be intolerable in a contemporary democracy for an unelected Monarch to hold broad powers hence these functions are now exercised on the Monarch's behalf by ministers.

The Uncodified Constitution

There have been many arguments wherein people believe that the uncodified constitution of the UK is considered to be vague and perplexing. This has caused many difficulties for the individuals for proper comprehension, and detects the abuse of government powers. The individuals within the authority have the leverage to take advantage of the lack of clarity for getting away with the acts that seems to be more difficult if there had been more clarity in the laws.12 This can also initiate difficulties in the governance since due to the possibility of an uncertainty about the duties and responsibilities of many such political institutions. The Proponents of the codified constitution claim that by describing the workings of the political system in one place tend to allow the government for serving better to the public and the people for better participation with the government. But, some individuals also feel that an unwritten constitution seems to be more democratic. This lets each subsequent generation in altering the constitution through the representatives that are elected, rather than being bound by the previous generations’ decisions.13 In case of election with the constitutional reform platform, this seems to be able for carrying out the wishes of individuals.

The new labor administration in 1997 included a broad constitutional agenda. This included the devolution and the human rights, in not being possible for the execution. It is the elected lawmakers, and not unelected judges, who have the last word within an uncodified constitution. In the strict legal sense, having an unwritten constitution makes it easier for Parliament to make substantial amendments to the constitution. In the absence of a written constitution outlining a "higher" form of law against which all other laws may be measured, and also as a result of the development of the doctrine of parliamentary sovereignty. The Parliament may adopt any law it likes, and our courts cannot rule that such legislation is unconstitutional.14 Factors putting limits to the authority of the Parliament in modifying the constitution have been more political, economic, or social in nature than being strictly legal.

Conclusion

The above facts state that the constitution of the United Kingdom tends to differ from other nations. Herein, the fundamental elements have not been included within the legal sources. It is made up of many distinct sections that must be fitted together to understand the constitution as a whole. The Acts of Parliament, case law, the royal prerogative, and constitutional conventions are the four main sources. Case law is based on common law and is regarded as a significant source of several major aspects of the constitution of UK. This includes Magna Carta 1215 having symbolic importance as the earliest statement of restrictions on the Monarch's authority and of individual rights.

Common law has established that actions made by state authorities must have a legal foundation if they are to be legitimate. The scope of the royal prerogative is considered the third source from which the UK Government gets the majority of its powers. It is known as the residual discretionary or the arbitrary authority that seems to be lawfully left within the Crown. Most of these functions are traditionally performed on the Monarch's behalf by the Prime Minister and other government officials. The sources of the constitution studied are typically referred to as 'legal' sources since they have a clear legal foundation.;;

Bibliography

Primary

Acts

Bill of Rights 1688

European Union (Withdrawal) Act 2018;

Case Law:

Prohibitions (Prohibitions del Roy) (1607) 12 Co Rep 63 ;

Secondary ;

Articles and Web Pages;

Blackburn R, ‘Britain's Unwritten Constitution’ (British Library, 2016) < https://www.bl.uk/magna-carta/articles/britains-unwritten-constitution > accessed December 29, 2022;;

‘Sources of Constitutional Law: Legal Guidance’ (LexisNexis, 9 October 2022) < https://www.lexisnexis.co.uk/legal/guidance/sources-of-constitutional-law > accessed 29 December 2022;;

‘The UK Constitution’ (The Constitution Society, 9 December 2021) < https://consoc.org.uk/the-constitution-explained/the-uk-constitution/ > accessed 29 December 2022;

‘How Does a Bill Become a Law?’ (UK parliament 2022) <https://www.parliament.uk/about/how/laws/passage-bill> accessed 2 January 2023;;;

‘Introduction to Devolution in the United Kingdom’ (House of Commons Library - UK Parliament, 2022) <https://commonslibrary.parliament.uk/research-briefings/cbp-8599/> Accessed 2 January 2023;;

‘How Are Laws Made? - UK Parliament (UK Parliament, 2021) < https://www.parliament.uk/about/how/laws/ > accessed December 29, 2022;;

Coke E, ‘1658: Coke, Prohibitions Del Roy (Pamphlet)’ (Online Library of Liberty, 2022) <https://oll.libertyfund.org/page/1658-coke-prohibitions-del-roy-pamphlet> accessed January 2, 2023;;

‘Research Briefings Publications - House of Commons Library’ (House of Commons Library - UK Parliament, 2022) <https://commonslibrary.parliament.uk/research-briefings/> accessed 2 January 2023;;

‘What Is the Royal Prerogative?’ (The Constitution Unit, 16 November 2022) <https://www.ucl.ac.uk/constitution-unit/explainers/what-royal-prerogative> accessed January 2, 2023;;

Smith L, ‘King's Student Law Review’ (Kings Student Law Review, 8 June 2022) <https://blogs.kcl.ac.uk/kslr/2013/12/06/constitutional-conventions-and-codification/> accessed January 2, 2023;;

‘Appointment of Prime Ministers and the Role of the King’ (The Institute for Government, 25 October 2022) <https://www.instituteforgovernment.org.uk/explainers/appointment-prime-ministers-role-of-king> accessed 2 January 2023;;

‘What Is the Role of Parliament?’ (UK Parliament, 2022) <https://www.parliament.uk/about/how/role/> accessed 2 January, 2023. ;

‘The UK Constitution’ (The Constitution Society, 9 December 2021) < https://consoc.org.uk/the-constitution-explained/the-uk-constitution > accessed January 2, 2023;;

‘House of Lords - Constitution - Sixth Report’ (Parliament UK, 2022) <https://publications.parliament.uk/pa/ld200607/ldselect/ldconst/151/15115.htm> accessed 2 January, 2023.

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