The Nature & Sources of the UK Constitution (Edexcel A Level Politics): Revision Note

Exam code: 9PL0

Sarra Jenkins

Written by: Sarra Jenkins

Reviewed by: Steve Vorster

Updated on

What is the UK constitution?

  • The UK constitution is the set of rules, principles and conventions that govern how the UK is run and how political power is distributed

    • The UK constitution is very different from that of countries such as the USA, as it is not contained in a single document and has instead developed over time

The nature of the UK constitution

  • The UK constitution has three defining features

Flowchart showing defining features of the UK constitution: Unentrenched, Uncodified, and Unitary, linked from a central orange block.

1. Unentrenched

  • Laws and rules can be changed by ordinary parliamentary procedure

  • There is no special procedure required to amend the constitution

Case Study

New rules requiring voter ID

A hand holding out a UK passport
  • In 2022, the UK Parliament passed the Elections Act, which introduced a requirement for voters to show photo ID at polling stations in UK elections and some referendums

    • This marked a significant change to the rights and responsibilities of citizens when voting

Reasons for the change

  • The government argued that voter ID was necessary to protect the integrity of elections and prevent electoral fraud, even though levels of in-person voter fraud in the UK had been low

Criticisms of the change

  • Critics argued that the policy could restrict the right to vote, particularly for groups less likely to hold photo ID, such as younger voters, the elderly, and some minority groups

  • This raised concerns about political equality and access to democratic participation

2. Uncodified

  • The constitution is made up of several written and unwritten sources rather than a single, supreme written document

    • For example, the constitution draws on Magna Carta, Acts of Parliament, judicial decisions and conventions such as the Salisbury Convention, rather than one codified text

3. Unitary

  • Political power is legally concentrated in Parliament

  • Devolved bodies, such as the Scottish Parliament, only have powers that have been granted to them by Parliament

The ‘twin pillars’ of the UK constitution

  • The UK constitution is based on two core principles, often described as its twin pillars, as they support the entire constitutional system

Illustration of a Greek temple with "Constitution" on the pediment, "Rule of Law" and "Parliamentary Sovereignty" on columns, and "Statute Law" on the base.
The twin pillars of the UK constitution

Parliamentary sovereignty

  • Parliament can make or unmake any law, and no Parliament can bind its successors

  • Parliament is the supreme legal authority in the UK

    • Statute law made by Parliament takes priority over all other constitutional sources

Rule of law

  • Everyone is subject to the law and those laws are applied equally

  • Courts are independent and able to hold the government to account

Sources of the UK constitution

  • Because the UK constitution is uncodified, it is drawn from a wide range of sources

Source

Description

Example

Statute law

  • Laws made by Parliament affecting the location of power or the rights of citizens

  • The EU Withdrawal Act (2018) initiated the UK’s departure from the EU

Common law

  • Judge-made law that develops legal principles through precedent

  • In Miller v Brexit Secretary (2017), the Supreme Court ruled Parliament must approve triggering Article 50

Constitutional conventions

  • Unwritten rules guiding political behaviour; not legally enforceable

  • The Salisbury Convention states the Lords should not block manifesto bills

Works of authority

  • Academic texts used to guide political practice

  • A.V. Dicey’s work established parliamentary sovereignty

Treaties

  • International agreements between the UK and other states

  • The European Convention on Human Rights, incorporated via the Human Rights Act

  • Because Parliament is sovereign, statute law outranks all other sources of the constitution

Development of the UK constitution

  • The UK constitution has developed gradually over centuries rather than being created at a single moment

Key constitutional milestones

Magna Carta (1215)

Medieval scene of a king in red robes signing a document at a table, surrounded by nobles in armour and clerics, under a tent with countryside visible.
King John signing the Magna Carta at Runnymede in 1215
  • A charter limiting royal power and protecting barons from arbitrary punishment

  • Forms the foundation of the rule of law and habeas corpus

Bill of Rights (1689)

  • Limited the monarch’s powers after the Glorious Revolution

  • Confirmed the supremacy of Parliament and free elections

Act of Settlement (1701)

  • Reinforced parliamentary supremacy and required the monarch to be Protestant

  • Influenced the development of judicial independence

Acts of Union (1707)

  • Incorporated the United England and Scotland into Great Britain

  • Created a single Parliament at Westminster

Parliament Act 1911

  • Removed the House of Lords’ veto over money bills

  • Replaced absolute veto with a delaying power

Parliament Act 1949

  • Reduced the Lords’ delaying power from two years to one year

  • Further strengthened the supremacy of the House of Commons

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Sarra Jenkins

Author: Sarra Jenkins

Expertise: Content Writer

Sarra is a highly experienced A-Level Politics educator with over two decades of teaching and examining experience. She was part of the team that wrote the Edexcel 2017 Politics Specification and currently works as a Senior Examiner. A published author of 14 textbooks and revision guides, her expertise lies in UK and US politics, exam skills, and career guidance. She continues to teach, driven by her passion for this "evolving and dynamic subject".

Steve Vorster

Reviewer: Steve Vorster

Expertise: Economics & Business Subject Lead

Steve has taught A Level, GCSE, IGCSE Business and Economics - as well as IBDP Economics and Business Management. He is an IBDP Examiner and IGCSE textbook author. His students regularly achieve 90-100% in their final exams. Steve has been the Assistant Head of Sixth Form for a school in Devon, and Head of Economics at the world's largest International school in Singapore. He loves to create resources which speed up student learning and are easily accessible by all.