Constitutionalism Of The United Kingdom – Generally, a constitutional state is equipped with a written constitution that serves as a basic rule to provide guidance in the governance of the state. However, this situation does not apply to the United Kingdom, which does not have a separate written constitution, or what is commonly called the basic law.
Constitutionalism Of The United Kingdom
lxnews – It is interesting to note that the United Kingdom is internationally recognized as a constitutional state, even without a written constitutional document. This raises important questions: Where do the constitutional values held by the United Kingdom come from? And how can the United Kingdom continue to develop in the modern era without a definitively determined legal order?
Before answering these questions, it is very important to first understand the concept of a constitutional state. This understanding is needed to build a proper foundation so that there is no misunderstanding regarding the concept of a constitutional state like the United Kingdom.
Historically, the development of constitutional government has always been related to the idea of constitutionalism, which emphasizes that the power of a state must be regulated in such a way as to prevent the arbitrary application of power over citizens.
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In his dissertation, Adnan Buyung Nasution defines a constitutional state as a state that first of all recognizes and guarantees the rights of citizens, while limiting and regulating power legally.
Thus, the core of the concept of a constitutional state is the limitation of power carried out through the organization of state institutions, as well as the guarantee of protection of human rights.
In many countries around the world, the principle of limiting power and guaranteeing the protection of human rights is stated in a text of the Constitution. However, the inclusion of these two principles in the Constitution is not an absolute requirement to declare a country a constitutional state.
In this regard, Herman Heller stated that the constitution has a broader meaning than just a basic law. The constitution includes all rules, both written and unwritten, that regulate in a binding manner how a government is organized in society.
In the context of the British government, the country led by Queen Elizabeth has grown and developed as a country that is able to maintain the stability of the relationship between government institutions and its citizens. Therefore, England is considered unnecessary to consolidate the basic elements of its government system.
The practices carried out by England are an accumulation of various rules, such as the Magna Carta (1215), the Bill of Rights (1689), and the Parliament Act (1911), which serve as basic laws in the administration of government.
Thus, the existing “British Constitution” consists of a set of norms and regulations formed through jurisprudence and statutes (English and Scottish law), as well as various international agreements and treaties that have been signed by England.
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This uncodified constitution has largely grown out of historical English law, with many of its founding principles and basic laws derived from charters and statutes drafted by the English parliament long before the formation of Great Britain.
In addition, there is a strict code of ethics, largely derived from established practices, Acts of Parliament, and other components.
Although there is no constitution in the sense of a single definitive document, England operates under a constitutional framework that allows the country to function well on a daily basis. One of the main aspects of the English constitution is the comprehensive legislative process that must be followed for the enactment of laws.
Every Bill is first submitted to the House of Commons, which is an elected representative body empowered to initiate the legislative process.
The House of Commons proposes the law and debates its provisions in detail, before agreeing on a final draft to be submitted to the second chamber, known as the House of Lords.
The House of Lords, whose members are mostly unelected, has a membership that is passed down through the generations, while new members can be nominated by the House of Commons.
Members of the House of Lords have veto power and the ability to refer any amendments they propose to any Bill back to the House of Commons. This ensures that no legislation is rushed through and theoretically covers all eventualities.
After passing both Houses, the bill is referred to the monarch, who is personally responsible for ensuring that any legislation reflects the will of the people and has moral legitimacy. Although the monarch has not used his or her veto power since the 17th century, it remains an important constitutional safeguard in the UK.
It is safe to say that while the UK constitution may not appear clear-cut at first glance, there is a complex web of governance and practice beneath its seemingly blank surface. It has been described as the most successful constitution in the world, supported by its continued success and lack of problems since its early evolution.
What is the legal basis of the UK without a written constitution?
The UK is a country with a very long legal history, which even allows access to legal cases from 1500 online. Parliamentary culture has existed since 1300 and officially became the Parliament of Great Britain in 1707 when the English Parliament was united with the Scottish Parliament. The country adheres to a common law legal system, which was originally very similar to customary law, where norms accepted by society and judicial decisions serve as law. Given the age of the legal tradition in the UK, there have been various traditions, decisions, statutes and conventions that are sufficient to form the basis of the legal system. In addition, laws enacted by parliament and judicial decisions can also serve as a constitution for the country. Therefore, what is meant by the legal basis in the UK is the collection of all these traditions, decisions, statutes and conventions, even though they are not summarized in a codified document. For example, the existence of the Prime Minister is not yet stated in writing, but has become a legally binding convention and tradition.
