Introduction

Britain is a conglomerate of Scotland, Wales, and Northern Ireland. It is a democracy with a population of around sixty million, where the majority of people vote, have access to a free press, and are protected by an independent judiciary. Citizens also enjoy numerous civil liberties. However, the present system evolved through a series of important historical changes.

The Magna Carta (Great Charter) laid the foundations of Britain as a state that respects the rights of its citizens. Interestingly, this document was created five and a half centuries before the American Declaration of Independence (1776). The power struggle between the church and the state, the break with the Roman Catholic Church, the increasing power of Parliament, the Protectorate, the restoration of monarchy, the rise of political factions like the Whigs and Tories (later becoming the Liberal Democrats and Conservatives), the emergence of democracy, and the growing power of the working classes were all crucial events shaping Britain’s history.

The British Constitution, like all constitutions, is essentially a set of rules guiding how politicians run the country. However, Britain has an unwritten constitution, meaning it was not codified in a single document but developed organically through traditions, customs, and legal precedents. Still, statute laws perform the role of a written constitution. Parliament makes statute law by passing bills through discussion and amendments. Yet, a bill becomes law only after receiving the monarch’s signature.

Much of Britain’s legal framework is shaped by conventions. For example, while the monarch technically retains the royal prerogative, it has never been misused. Though Parliament holds immense power, there are checks and balances limiting its authority.

Rooted in history, customs, and traditions, the UK government is considered one of the most efficient in the world. Citizens of the United Kingdom enjoy a higher degree of freedom and civic liberties than many of their global counterparts.

Sources and Features of the Constitution

The area of the United Kingdom is only about twice that of New York State. The country comprises Great Britain (England, Wales, and Scotland) and Northern Ireland. The Cheviot Hills separate England, located in the southeast of the British Isles, from Scotland in the north. From these hills, the Pennine Chain of uplands stretches south through central England, reaching its highest point in the Lake District in the northwest. Along the Welsh border in the west lie the steep hills and valleys of the Cambrian Mountains, while the Cotswold Hills in Gloucestershire extend into the surrounding counties.

The North Sea, located beside the United Kingdom, is the outlet for many important rivers such as the Thames, Humber, Tees, and Tyne. In the west, the Severn and Wye drain into the Bristol Channel, while the Mersey and Ribble are also navigable rivers.

Parliamentary Democracy

The United Kingdom is a constitutional monarchy and parliamentary democracy, with the monarch serving as Head of State. Its bicameral Parliament consists of the House of Lords and the House of Commons. The House of Lords includes 574 life peers, 92 hereditary peers, and 26 bishops, while the House of Commons has 651 popularly elected members. Parliament is the supreme legislative body in Britain, operating for five years unless dissolved earlier. The House of Lords has seen its powers reduced since 1911, functioning mainly as a revising chamber. The Crown retains executive power only in name, as the Prime Minister and Cabinet exercise real authority.

England emerged as a nation-state in the tenth century. Its unification with Wales began in 1284 under the Statute of Rhuddlan, and was formalized by the Act of Union (1536). In 1707, England and Scotland united to form Great Britain. Later, in 1801, Great Britain and Ireland merged to create the United Kingdom of Great Britain and Ireland. Following the Partition of Ireland in 1921 (Anglo-Irish Treaty), only Northern Ireland remained part of the UK. The current name, United Kingdom of Great Britain and Northern Ireland, was formally adopted in 1927.

Magna Carta and House of Commons

The Magna Carta (1215) granted the people, especially the nobles, certain basic rights after King John was forced to sign it, reducing his centralized royal power. Edward I (1272–1307) subdued Wales and attempted to conquer Ireland and Scotland, but was defeated at the Battle of Bannockburn. In the late 13th and early 14th centuries, a separate House of Commons was created, tasked with raising and collecting taxes.

Edward III lamented the waste of a century in wars that cost much of England’s territory in France. The Hundred Years’ War (1338–1453) was followed by the devastating Black Death, which reduced England’s population by one-third. The Wars of the Roses (1455–1485), fought between the House of York and the House of Lancaster, ended with the victory of Henry Tudor (Henry VII) at Bosworth Field (1485).

The British Constitution

The constitution of Britain governs the country, but unlike the codified constitutions of the United States or European nations, it is unwritten and often described as an unclassified constitution. It has evolved from various documents, laws, conventions, and precedents, making amendments relatively simple and flexible, requiring only a majority in both Houses of Parliament followed by Royal Assent.

Key sources of the British Constitution include:

• Statutes like the Magna Carta (1215)

• The Act of Settlement (1701)

• Parliamentary laws and traditions

• Political conventions

• Case law and judicial rulings

• Scholarly writings on constitutional matters

Features of the British Constitution:

• A unitary constitution

• Parliamentary sovereignty

• Partly written and partly unwritten

• Flexible in nature

• Evolutionary development

• A blend of monarchy, aristocracy, and democracy

• Rule of law

• A parliamentary form of government

• Separation of powers combined with responsibility

• A bicameral legislature

• Reliance on constitutional conventions

British Monarchy

The monarchical system continues in Great Britain, with Queen Elizabeth II ascending the throne on 6 February 1952. As a constitutional monarch, she performs ceremonial and representational duties, including conferring titles, dissolving Parliament, and appointing the Prime Minister, but always in line with laws and conventions.

The origins of the monarchy lie with the Angles and Scots, and by the year 1000, kingdoms of England and Scotland had formed from smaller medieval kingdoms. The monarchy was reshaped by the Norman conquest (1066), which defeated Harold II. Wales became part of England in the 13th century, and the Magna Carta limited the powers of monarchs.

From 1609, the Scottish and English kingdoms were ruled by a single monarch. The Commonwealth period weakened the monarchy. The Act of Settlement (1701) barred Roman Catholics, or those married to them, from the throne. With the unification of Ireland, the monarch became the nominal head of the British Empire.

By the 1920s, most of Ireland gained independence, while the Balfour Declaration recognized the autonomous entities of the empire, forming the Commonwealth of Nations. After World War II, most colonies gained independence, diminishing the empire. George VI and later Elizabeth II adopted the title Head of the Commonwealth, symbolizing unity among self-governing states.

Today, republics and monarchies coexist within the Commonwealth, with 15 nations (along with the UK) sharing the same monarchy.

Constitutional Role of the Monarch

According to the Constitution of the United Kingdom, the monarch is the supreme head of state and embodies sovereignty. “God Save the Queen” or “God Save the King” is the national anthem, and the monarch’s portrait appears on coins, postage stamps, and banknotes.

The monarch has only limited participation in government. He or she may delegate duties, powers, and responsibilities to ministers, Crown officers, or public bodies, but these powers are not personal. The role can be summarized as follows:

• The Crown formally exercises legislative powers, but only with the consent of Parliament—that is, the House of Lords and the House of Commons.

• The executive power is exercised by the Prime Minister and Cabinet, a committee of the Privy Council, which directs the Armed Forces, civil service, and Crown servants, including diplomats and security services.

• Judicial power rests with the independent judiciary, granted authority by statute and constitutional principles.

• The monarch is also the Supreme Governor of the Church of England, which itself has legislative, judicial, and executive structures.

• Outside of Parliament and local authorities, no public officials are elected; hence, appointments often stem from the Crown’s authority.

The monarchy’s role has long been debated. In 1867, Walter Bagehot described it as the “dignified part” rather than the “efficient part” of government. The Bill of Rights (1689) significantly curtailed the monarch’s direct powers.

The Appointment of the Prime Minister

The Prime Minister is formally appointed by the monarch, who must choose the person commanding the support of the House of Commons, usually the leader of the majority party or coalition. The appointment involves a private audience with the monarch, during which the Prime Minister kisses hands as a symbol of office-taking—no other formalities exist.

In the event of a hung parliament—where no single party has a majority—the monarch retains discretion to appoint a Prime Minister, though by convention, the leader of the largest party is selected. Since 1945, there have been only two hung parliaments: February 1974 and May 2010.

Dissolution of Parliament

The dissolution of Parliament illustrates the monarchy’s symbolic yet constrained power. According to the Lascelles Principles (1950), the monarch could refuse dissolution if:

1. Parliament remains viable,

2. A general election would be detrimental, or

3. An alternative government could be formed.

In 1974, Harold Wilson requested dissolution after Edward Heath failed to form a coalition; the Queen approved, and Wilson won a small majority. Theoretically, the monarch can dismiss a Prime Minister, but in practice, this occurs only through election defeat, resignation, or death. The last dismissal was by William IV in 1834, removing Lord Melbourne.

Royal Prerogative

The royal prerogative is the executive authority theoretically vested in the monarch but exercised by the Prime Minister or Privy Council under convention and precedent. The sovereign holds weekly audiences with the Prime Minister, retaining what Bagehot called “the right to be consulted, the right to encourage, and the right to warn.”

Though extensive, prerogative powers are limited and cannot create new authorities without Parliament’s approval. They include:

• Appointment and dismissal of ministers

• Control of the civil service

• Issuance of passports

• Declaration of war and peace

• Command of the armed forces

• Ratification of treaties

• Formation of alliances and international agreements

• Summoning, proroguing, and dissolving Parliament

All parliamentary sessions begin with the monarch’s speech from the throne, outlining the government’s programme. Prorogation ends a session, while dissolution triggers a general election. By law, Parliament cannot last longer than five years (Parliament Act 1911). Exceptions, such as during World War II, have been approved by Parliament itself.

Although the monarch can theoretically refuse dissolution, this has not occurred in modern times. Similarly, royal assent is required for bills to become law, but no bill has been refused since 1707.

The monarch also appoints:

• The First Minister of Scotland (on recommendation of the Scottish Parliament)

• The First Minister of Wales (on recommendation of the Welsh Assembly)

• Can veto Northern Ireland Assembly laws if deemed unconstitutional.

As the “fount of justice,” the monarch does not rule in courts but symbolizes the justice system. By common law, the monarch “can do no wrong” and is immune from criminal prosecution. The Crown Proceedings Act (1947) allows lawsuits against the government but not against the monarch personally. The monarch also retains the power of pardon and sentence reduction.

The monarch is also the “fount of honour”, empowered to:

• Create peerages

• Grant knighthoods

• Bestow orders and honours such as the Order of the Garter, Order of the Thistle, Royal Victorian Order, and Order of Merit.

Most honours are conferred on the Prime Minister’s advice, though some remain the monarch’s personal prerogative.

Status of the Monarch in the Contemporary Times

Today, sixteen out of fifty-three Commonwealth states, including the United Kingdom, share the same monarch. The current monarch, Queen Elizabeth II, succeeded her father in 1952 and serves as a constitutional monarch. Though the royal family has faced criticism and controversy, the Queen has remained a strong and enduring figure, maintaining her role as a symbol of stability and tradition.