ABSTRACT

This chapter concentrates on six particular issues that arise from the distinctive characteristics of the British constitution: the nature of constitutions in general and the sense in which the UK can be said to have/not to have a constitution; the significance of parliamentary sovereignty; the nature of constitutional conventions; the principles of the rule of law and the separation of powers; the significance of the devolution settlement; and the desirability of a new codified constitution. These areas are sometimes treated in textbooks as discrete areas, but they are clearly interlinked and will therefore be considered here together. The significance of the Labour government’s reform package, including most recently the Constitutional Reform Act 2005, is considered here in general terms, although the significance of the Human Rights Act 1998 is discussed much more fully in Chapters 2 and 9. The sovereignty of Parliament and the impact of European Union (EU) law on the UK constitution are fully considered in Chapter 2.