The Nature of the British Constitution (Edexcel GCSE Citizenship Studies): Revision Note

Introduction to the British constitution

• A constitution is a set of rules that state how a state is managed and organised

• Many countries have a written constitution

  • It is set out in a formal document which explains how it can be changed or amended

  • E.g. The USA has a written constitution dating from 1789  that has been subsequently amended 27 times

• Some countries, including the UK, have an unwritten, uncodified constitution

  • There is no single set document, but there are laws, procedures and conventions

The changing British constitution

• An uncodified constitution is flexible, so it can be adjusted or adapted from time to time without a complex process

Changes to the UK's constitution in recent years

Devolution

• Constitutional changes were made to recognise the creation of devolved governments in Scotland, Wales and Northern Ireland

  • These bodies were given powers over areas such as education, health and transport

  • The UK Parliament kept control of national issues like defence and foreign policy

Leaving the EU

• Leaving the EU has changed how the UK constitution operates

  • Brexit reduced the influence of EU institutions on UK law and politics

  • Parliament can now make, change or repeal laws without EU constraints

    • Before Brexit, EU law took priority over UK law in areas of conflict

    • After Brexit, UK courts follow UK law as the highest legal authority

• The role of the courts has changed

  • UK courts are no longer bound by new rulings from the European Court of Justice

    • Courts can still consider past EU case law unless Parliament decides otherwise

• Powers have returned to the UK

  • Some powers previously shared with the EU, such as trade and immigration, are now controlled by the UK government

  • Returning powers created debates about whether they should go to Westminster or devolved governments

    • This has caused tension with Scotland, Wales and Northern Ireland

• The constitution has continued to evolve

  • Brexit highlighted that the UK constitution is uncodified and flexible

  • Major constitutional changes were made through Acts of Parliament rather than a single written constitution