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Unwritten: The British Constitution

Before beginning, I must note that the title is by all means misleading. The British constitution is not entirely unwritten; medieval documents such as the Magna Carta and the Provisions of Oxford still contain statutes that are applicable today. For example, the phrase, "No freeman shall be imprisoned except by a jury of peers" is derived from the Magna Carta (1215).

However, unlike many other sovereign states, the United Kingdom does not have one document widely considered to be the Constitution. As the late PM Margaret Thatcher put it, "Europe was created by history. America was created by philosophy." European countries that do have codified constitutions have often adopted them in the last 70 years, far after the foundation date of the country.

The UK's Constitution is a set of conventions, rather than a written document. This is namely due to the United Kingdom consisting of four independent nations until 1707. Unlike the United States, the UK does not have a group of individuals considered to be architects of the nation, or Founding Fathers.

Logic may suggest that an uncodified constitution would cause chaos and disorder in the public sphere, but history suggests otherwise.

Drawing from four sources - common law, statute law, parliamentary conventions and works of the authority, Britain's legal system has operated in this manner for centuries. After the Glorious Revolution of 1688, Parliament has been the final authority. The overthrow of James II permanently discarded the monarchy of any real power.

Despite not having a written constitution, concepts such as "parliamentary sovereignty"  and "the rule of law" have governed Britain for hundreds of years. And if previous trends are valid evidence, they will govern for hundreds more.

Comments

  1. Interesting to know that an unwritten constitution does not lead to chaos. That reminds of the Ashanti kingdom and the kind of constitution that guided it. 👏

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