DISCUSS THE THREE BASIC PRINCIPLES UNDERLYING THE

BRITISH CONSTITUTION. NAMELY, THE SEPERATION OF

POWERS, PARLIAMENTARY SUPREMACY AND THE RULE OF
LAW.
A CONSTITUTION IS A SET OF LAWS, RULES AND PRACTICES WHICH
CREATE THE BASIC INSTITUTIONS AND GOVERN THE RELATIONSHIP
BETWEEN INSTITUTIONS, AND BETWEN INSTITUTIONS AND INDIVIDUALS.

CONSTITUTIONS ESSENTIALLY SET OUT WHO MAKES LAWS AND HOW,

AND ALLOCATES POWER BETWEEN THE MAIN INSTITUTIONS OF THE
STATE: GOVERNMENT, PARLIAMENT AND THE JUDICIARY. A
CONSTITUTION MAY ALSO LAY THE BASIC VALUES ON WHICH THE
COUNTRY SHOULD EXPECT TO BE GOVERNED.

UNLIKE EVERY OTHER WESTERN DEMOCRACY, BRITAIN DOES NOT HAVE A

WRITTEN CONSTITUTION, AS SUCH, THE EXACT DETAILS OF THE
CONSTITUTION ARE SUBJECT TO DEBATE. THE ENGLISH CONSTITUTION IS
A RESULT OF CENTURIES OF GRADUAL DEVELOPMENT. AS A RESULT OF
THIS, IN ORDER TO UNDERSTND ITS CONTENT AND SCOPE, IT IS
NECESSARY TO STUDY THE VARIOUS LEGAL SOURCES WHICH MAKE UP
THE CONSTITUION (I.E STATUTES (ACTS OF PARLIAMENT), THE POWERS OF
THE CROWN (THE ROYAL PREGORATIVE), THE LAWS AND CUSTOMS OF
PARLIAMENT AND JUDICIAL DECISIONS), AS WELL AS THE NUMEROUS
NON-LEGAL, BUT BINDING CONSTITUTIONAL CONVENTIONS.

SOME BASIC PRINCIPLES ALSO FORM A PART OF THE CONSTITUTION, AND

IN ADDITION TO THE FORMAL SOURCES, IT IS ALSO NECESSARY TO
UNDERSTAND THE CONCEPTS OF:
THE RULE OF LAW;
THE SEPERATION OF POWERS; AND,
PARLIAMENTARY SOVEREIGNTY/SUPREMACY.

ONE BASIC PRINCIPLE OF THE ENGLISH CONSTITUTION IS KNOWN AS THE

RULE OF LAW.
IT IS DEVELOPED FROM THE WRITINGS OF THE 19TH CENTURY WRITER, A.V
DICEY. ACCORDING TO DICEY, THE RULE OF LAW HAS THREE ELEMENTS.
FIRST, THAT THERE SHOULD BE NO SANCTION WITHOUT BREACH.
SECONDLY, THAT ONE LAW SHOULD GOVERN EVERYONE - ORDINARY
CITIZENS, AND STATE OFFICIALS ALIKE. THIRDLY, THAT THE RIGHTS OF THE
INDIVIDUAL WERE NOT SECURED BY THE CONSTITUTION BUT BY THE
DECISIONS OF JUDGES IN ORDINARY LAW (THE COMMON LAW). THE
IMPORTANCE OF THE RULE OF LAW LIES IN THE BASIC IDEA THAT THE
STATE SHOUD USE ITS POWER ACCORDING TO AGREED RULES, AND NOT
ARBITRARILY.

ANOTHER FUNDAMENTAL PRINCIPLE OF THE ENGLISH CONSTITUTION IS

THAT OF THE SREPERATION OF POWERS.

ACCORDING TO THIS PRINCPLE, DEVELOPED BY THE 18TH CENTUY FRENCH

PHILOSOPHER, MONTESQUIEU, ALL STATE POWER CAN BE DIVIDED INTO
THREE TYPES: EXECUTIVE, LEGISLATIVE, AND JUDICIAL. THE EXECUTIVE
REPRESENTS WHAT WE CALL THE GOVERNMENT AND ITS SERVANTS SUCH
AS THE POLICE AND CIVIL SERVANTS; IN THE UK, THE LEGISLATIVE POWER
IS THE WESTMINSTER PARLIAMENT; AND JUDICIAL AUTHORITY IS
EXERCISED BY THE JUDGES. THE BASIS OF MONTESQUIEUS THEORY WAS
THAT THESE THREE TYPES OF POWER SHOULD NOT BE CONCENTRATED
IN THE HANDS OF ONE PERSON OR ONE GROUP OF PEOPLE, SINCE THIS
COULD GIVE THEM ABSOLUTE CONTROL. INSTEAD, MONTESQUIEU
ARGUED THAT EACH TYPE OF POWER SHOULD BE EXERCISED BY A
DIFFERENT BODY, SO THAT THEY CAN EACH KEEP AN EYE ON THE
ACTIVITIES OF THE OTHER.

THE THIRD PRINCIPLE UNDERLYING THE U.K CONSTITUTION IS THE

SUPREMACY OF PARLIAMNET (PARLIAMENTARY SOVEREIGNTY). THIS
MEANS THAT PARLIAMENT IS THE HIGHEST SOURCE OF ENGLISH LAW; AS
LONG AS A LAW HAS BEEN PASSED ACCORDING TO THE RULES OF
PARLIMENTARY PROCEDURE, IT MUST BE APPLIED IN THE COURTS. THE
REASONING BEHIND THIS APPROACH IS THAT PARLIAMENT, UNLIKE THE
JUDICIARY, IS DEMOCRATICALLY ELECTED, AND SHOULD THEREFORE
HAVE THE UPPER HAND WHEN MAKING THE LAWS EVERY CITIZEN HAS TO
LIVE BY. THIS APPROACH IS UNUSUAL IN DEMOCRATIC COUNTRIES. MOST
COMPARABLE NATIONS HAVE WHAT IS KNOWN AS A BILL OF RIGHTS,
THAT IS, A STATEMENT OF THE BASIC RIGHTS WHICH CITIZENS CAN
EXPECT TO HAVE PROTECTED FROM STATE INTERFERENCE AND WHICH
TAKE PRECEDENCE OVER OTHER LAWS, ALLOWING THE COURTS TO
REFUSE TO APPLY LEGISLATION WHICH INFRINGE ON ANY OF THE RIGHTS
PROTECTED BY IT. IN THE UK, PARLIMENT PASSED THE HUMAN RIGHTS
ACT IN 1998. THE ACT INCORPORATES THE EUROPEAN CONVENTION ON
HUMAN RIGHTS INTO DOMESTIC LAW, BUT IT DOES NOT GIVE IT
PRECEDENCE OVER ENGLISH LAW. IT REQUIRES THAT LEGISLATION BE
INTERPRETED IN LINE WITH THE CONVENTION WHEREVER POSSIBLE, BUT
IT DOES NOT ALLOW THE COURTS TO OVERRIDE STATUTES THAT ARE IN
CONFLICT WITH IT, NOR DOES IT PREVENT PARLIAMENT FROM PASSING
LAWS THAT ARE IN CONFLICT WITH IT.

THE ACT DOES MAKE AN IMPACT ON PARLIAMENTARY SOVEREIGNTY,

THOUGH A SMALL ONE: WHEREAS USUALLY AN ACT CAN ONLY BE
CHANGED BY ANOTHER ACT, s. 10 ALLOWS A MINISTER OF THE CROWN
TO AMEND BY ORDER ANY ACT WHICH HAS BEEN FOUND BY THE COURTS
TO BE INCOMPATIBLE WITH THE CONVENTION, HOWEVER THERE IS NO
OBLIGATION TO DO THIS.

A DEFINITE EROSION OF PARLIAMENTARY SUPREMACY HAS, HOWEVER,

BEEN BROUGHT ABOUT BY BRITAINS MEMBERSHIP OF THE EUROPEAN
UNION (EU). THE EU CAN ONLY MAKE LAWS CONCERNING PARTICULAR
SUBJECT AREAS, BUT IN THOSE AREAS, ITS LAW MUST TAKE PRECEDENCE
OVER LAWS MADE BY PARLIAMENT.

THE SUPREMACY OF PARLIAMENT, SEPERATION OF POWERS AND THE

RULE OF LAW ARE THE THREE FUNDAMENTAL PRINCIPLES UNDERLYING
THE ENGLISH CONSTITUTION AND THUS MUST BE PROPERLY
UNSTERDOOD BEFORE ONE CAN BE EXPECTED TO FULLY GRASP THE
COMPLETE SCOPE OF THE CONSTITUTION ITSELF.