Constitutional law

Copyright © 2025 LexisNexis

The UK’s constitution is unwritten in the sense that it does not derive from a single constitutional text. An amalgamation of case law, statutes and international treaties make up the rule of law in the UK, together with conventions and practices which are unwritten. In addition, the Sovereign has special powers, or prerogatives, some of which are exercised by government ministers. The monarchy, government, Parliament, judiciary and the legal profession all have a role to play in creating and influencing UK constitutional law.

The principal characteristics of the UK constitution and system of government include:

  1. •

    the constitution is unwritten, evolutionary and highly flexible

  2. •

    conventions are of special importance

  3. •

    the UK is a constitutional monarchy and a representative democracy

  4. •

    the UK is a unitary state, with asymmetrical devolution of government in Scotland, Wales and Northern Ireland established by Acts of Parliament

  5. •

    the UK has:

    1. ◦

      a parliamentary executive

    2. ◦

      a bicameral legislature (the House of Commons and the House of Lords)

    3. ◦

      an independent judiciary

    4. ◦

      a permanent, politically impartial, professional Civil Service

    5. ◦

      an established church in England

    6. ◦

      freedom of political activity

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Existing user? Sign-in TAKE A FREE TRIAL
Powered by Lexis+®
Latest Public Law News

‘The Election of the Leader of the Conservative Party is a Private Matter’ (Tortoise Media v Conservative Party)

Public Law analysis: In the summer of 2022, after the resignation of Prime Minister Boris Johnson, the Conservative Party ran an internal contest to determine who would replace him as leader of the party, and as Prime Minister. During the campaign, Tortoise Media, a UK-based media company, wrote to the Conservative Party asking nine questions. They submitted these questions because, to test the integrity of the Conservative Party’s internal election processes, Tortoise Media had registered a tortoise, two overseas nationals, and a fictional person to vote in the election. The Conservative Party declined to answer Tortoise Media’s questions replying, ‘the Party is not a public body and does not carry out public functions.’ Political parties are not public authorities within the meaning of the Freedom of Information Act 2000, and so Tortoise Media instead argued there had been violation of Article 10 of the European Convention on Human Rights (ECHR). To invoke Article 10, however, Tortoise Media had to satisfy section 6 of the Human Rights Act 1998 (HRA 1998) and demonstrate that the Conservative Party was exercising a public function. Written by Dr Leah Trueblood, senior lecturer in Law at The University of Surrey.

Welsh Government publishes guidance on electronic invoicing and payment under Procurement Act 2023

The Welsh Government has published guidance on electronic invoicing and payment under Part 4 of the Procurement Act 2023. It sets out implied terms requiring contracting authorities to accept electronic invoices in a standardised format and to pay suppliers within 30 days of receipt or the payment due date whichever is later. These provisions apply to most public contracts and sub-contracts including regulated below-threshold contracts, with further detail provided in the Procurement (Wales) Regulations 2024 SI 2024/782. The legal framework is set out in sections 67, 68, 73 and 88 of the Act, which collectively govern electronic invoicing, payment terms and their application across public sector supply chains.

Diplomatic assistance for Gazan clients and rationality review (R (BEL & others) v SSFCDO)

Public Law analysis: The High Court allowed a judicial review claim brought by a family in Gaza, against the refusal of the Secretary of State for Foreign, Commonwealth and Development Affairs (FCDO) to assist them with exiting Gaza. In doing so, the High Court ruled that, even those Gazan clients who do not fall within the FCDO’s ‘Extended Eligibility Criteria’ potentially are entitled to diplomatic assistance from the UK, if they have strong family life in the UK. The court rejected an argument from the claimant under Article 8 of the European Convention on Human Rights (ECHR) and held that there is no duty under Article 8 ECHR to provide diplomatic assistance. However, the court held that the FCDO’s refusal was irrational for not engaging with important features (the family’s exceptional Article 8 rights which secured them Entry Clearance, cohort implications, and real-world feasibility) and ordered reconsideration. No mandatory order was provided. Written by Parvez Anwar Pantho, caseworker at Duncan Lewis.

High Court rules alternative remedy no basis for refusing permission or relief—R (Ammori) v Home Secretary

Public Law analysis: Judicial review: the High Court has granted permission to bring judicial review proceedings in respect of 2 out of 8 grounds in the claim by one of the founders of Palestine Action (PA) challenging the Home Secretary’s (SSHD) decision to proscribe PA. In opposing permission Counsel for the SSHD argued that the claimant could apply to the SSHD for PA to be de-proscribed. If this was refused the claimant could appeal to the Proscribed Organisations Appeal Commission (POAC). Counsel for the SSHD argued that there was therefore an adequate alternative remedy, which meant that judicial review was not available. This point was also argued at the interim relief hearing at which the court concluded that it did not, on its own, supply a sufficient basis to say that there was no serious question to be tried. At the interim relief hearing (at which interim relief was refused) the court indicated that the matter could be considered further at the permission hearing. The court determined that this matter should be heard as a preliminary issue at the permission stage. At the permission hearing the court determined the preliminary issue in the claimant’s favour. This was on the basis that an application to de-proscribe, coupled with an appeal to POAC if the application was refused, was not a suitable alternative remedy to judicial review in the circumstances of the case. Written by Rowena Wisniewska Sethi, barrister at 4-5 Gray’s Inn Square Chambers.

View Public Law by content type :  
News
Practice notes
Precedents
Q&As

Popular documents

Consultation: requirement and process

Consultation: requirement and processAny consultation exercise carried out by a public authority in relation to a proposed decision must be conducted at a time when proposals are at a sufficiently formative stage, with adequate information, and time to allow a proper and informed response, leading

What is the legal basis and effect of revoking UK legislation?

What is the legal basis and effect of revoking UK legislation?What does it mean to repeal legislation?To repeal a piece of legislation revokes or rescinds it wholly or in part. The word ‘repeal’ is used for primary legislation. The word ‘revoke’ is used to similar effect for delegated

Parliamentary supremacy the enrolled bill rule

Parliamentary supremacy the enrolled bill ruleIt is not possible to successfully argue that an Act of Parliament is invalid because of flaws, or even fraud, in the legislative process.Early origins of the principleArguably the principle is derived from that laid down in The Prince's Case. The case

Parliamentary supremacy—implied repeal

Parliamentary supremacy—implied repealEssential to Parliament’s legislative supremacy is the principle that Parliament is not bound by its predecessors, and cannot bind its successors. It follows that, where a later Act of Parliament conflicts with an earlier one, the later one cannot be read as
Consultation: requirement and process

Consultation: requirement and process

Consultation: requirement and processAny consultation exercise carried out by a public authority in relation to a proposed decision must be conducted at a time when proposals are at a sufficiently formative stage, with adequate information, and time to allow a proper and informed response, leading

What is the legal basis and effect of revoking UK legislation?

What is the legal basis and effect of revoking UK legislation?

What is the legal basis and effect of revoking UK legislation?What does it mean to repeal legislation?To repeal a piece of legislation revokes or rescinds it wholly or in part. The word ‘repeal’ is used for primary legislation. The word ‘revoke’ is used to similar effect for delegated

Parliamentary supremacy the enrolled bill rule

Parliamentary supremacy the enrolled bill rule

Parliamentary supremacy the enrolled bill ruleIt is not possible to successfully argue that an Act of Parliament is invalid because of flaws, or even fraud, in the legislative process.Early origins of the principleArguably the principle is derived from that laid down in The Prince's Case. The case

Parliamentary supremacy—implied repeal

Parliamentary supremacy—implied repeal

Parliamentary supremacy—implied repealEssential to Parliament’s legislative supremacy is the principle that Parliament is not bound by its predecessors, and cannot bind its successors. It follows that, where a later Act of Parliament conflicts with an earlier one, the later one cannot be read as