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The UK听is听often said to have an 'unwritten' constitution, but this is not strictly correct;听it听is听largely written,听but听in different documents. It has never been听codified;听brought together in a听single document. In this respect, the UK is different from most other countries, which have codified constitutions.听But not all: New Zealand and Israel also lack a codified constitution.听
Codified constitutions are typically produced following a听major historic turning point, such as the grant of independence,听revolution,听defeat in war, or听complete听collapse of the previous system of听government.听None of these things have happened to the UK, which is why it has never had cause to codify its constitution. (Our one revolution, in the 17th听century, did briefly produce a codified constitution: Cromwell鈥檚 Instrument of Government).
This is the reason why the UK has not felt the need to codify its constitution.听But the UK does have a constitution, to be found in leading statutes,听conventions,听judicial decisions, and treaties.听Examples of听constitutional statutes include the Bill of Rights 1689, Acts of Union 1707 and 1800, Act of Settlement 1701, Parliament Acts 1911 and 1949, Human Rights Act 1998, Scotland Act, Northern Ireland Act and Government of Wales Act 1998.听Examples of conventions include that the monarch acts on ministerial advice; that the Prime Minister sits in the House of Commons; that the Queen听appoints as Prime Minister the听person most likely to command the confidence of the House of Commons.听These and other conventions have themselves been codified in documents such as the Cabinet Manual.
Parliamentary sovereignty is commonly regarded as the defining principle of the British Constitution. This is the ultimate law-making power vested in听the UK parliament听to create or abolish any law.听But parliament can limit its听law-making听power, as in the Human Rights Act; or devolve legislative power, as in the Scotland Act. Other core principles of the British Constitution include the rule of law, the听separation of government into executive, legislative, and judicial branches,听the accountability of听ministers to parliament, and the independence of the judiciary.
The main disadvantage of an uncodified constitution is that it is harder听to understand.听Another is that it is easier to amend than in countries with codified constitutions with elaborate amendment procedures.听But this flexibility can also be seen as an advantage: it has enabled听the听removal听of hereditary peers听from听the House of Lords, introduction of the Human Rights Act,听devolution to Scotland, Wales, and Northern Ireland, and creation of the Supreme Court.
The听UK听constitution has multiple guardians, which include: the听Supreme Court, in its constitutional judgements (such as听); the House of Lords Constitution Committee听and the Commons Public Administration and Constitutional Affairs Committee;听the Lord Chancellor; and specific constitutional watchdogs, such as the Judicial Appointments Commission听or the Electoral Commission.听In the absence of a codified constitution, parliament is the ultimate guardian. All members of parliament 鈥� MPs and peers 鈥� therefore have an important responsibility to uphold key constitutional principles.
Some argue that we should have a codified constitution.听But the difficulties of agreeing a codified constitution should not be underestimated and the democratic benefits of a codified constitution should not be exaggerated.
