Definition
A set of rules and conventions that outlines the powers that the different branches of Government have.
It also outlines the relationship between the branches of government between the government and the individual.
A branch is a distinct, independent, and specialised division of a state’s governing structure. Executive, Legislative, Judicial
Constitutional Law vs. Non-Constitutional Law
| Constitutional Law | Non-Constitutional Law |
|---|---|
| The Monarch dissolving parliament | Declaring war on Iraq |
| The Act of Parliament stating that elections must be held every 5 years | Introducing ID cards |
| A book by a well respected academic on the rules of parliament | Raising income tax |
| The Monarch asks the leader of the largest party in the House of Commons to become Prime Minister | Making university free |
| The treaty of Rome, which outlines the membership of the European Union |
Codified vs. Uncodified
A codified constitution is one where all the rules and conventions are written down in a single document, whereas an uncodified constitution are written down across multiple documents.
- Codifies constitutions tend to come after large historical events (i.e., govt. collapses, revolutions)
- Uncodified constitutions tend to evolve over time
- They have many sources
- They tend to be easier to amend
- There are no ‘no go areas’
- Parliamentary sovereignty
- I.e., the UK has 5/6 main/root sources
Parliament can legislate to take away freedoms. See: Law Factsheet