British PM signals support for written constitution: How justice system works in UK

As of now, while some argue that the UK has a “largely written” constitution in different documents, a closer look shows the various laws, foundational principles, and the evolution that have shaped the existing system over the years.

Key milestones

In the absence of a single codified constitution, key Acts, the Bill of Rights, the Constitutional Reform Act and Human Rights Act, of Parliament form the backbone of UK constitutional law, thereby enabling the justice dispensation system there.

Bill of Rights, 1689

The Bill of Rights 1689 is an original Act of the English Parliament which established the principles of frequent parliaments, free elections and freedom of speech within Parliament – known as Parliamentary Privilege.

According to the UK Parliament, the bill also includes no right of taxation without Parliament’s agreement, freedom from government interference, the right of petition and just treatment of people by courts. “The main principles of the Bill of Rights are still in force today – particularly being cited in legal cases – and was used as a model for the US Bill of Rights 1789. Its influence can also be seen in other documents establishing the rights of humans, such as the United Nations Declaration of Human Rights and the European Convention on Human Rights,” it says.

Constitutional Reform Act, 2005

In 2005, UK Parliament passed the Constitutional Reform Act, which, for the first time in constitutional history, formally separated the Supreme Court (judiciary) from Parliament (legislature) and the Government (executive).

In 2005, the UK Parliament passed the Constitutional Reform Act, which, for the first time in constitutional history, formally separated the Supreme Court (judiciary) from Parliament (legislature) and the Government (executive).

According to official information, the key changes under the Constitutional Reform Act 2005 included reforming the office of Lord Chancellor so that it could be held by someone other than a Member of the Lords and transferring his judicial functions to the Lord Chief Justice. The move was carried out to establish an independent Judicial Appointments Commission to recommend judicial appointments, and to transfer the House of Lords’ capacity to consider judicial appeals.

Human Rights Act, 1998

The Human Rights Act was introduced in 1998 to “bring rights home”, and it allows UK nationals to rely on rights contained in the European Convention on Human Rights before the domestic courts. However, it is also believed that legislation has “not been universally popular”.

“Some have branded it a “criminals’ charter”, following suggestions that it had been abused by various litigants. In 2006 Tony Blair complained that a judgment about a group of Afghans who had hijacked a plane was an ‘abuse of common sense’. The judgment was later upheld on appeal,” reads an official statement.

‘Nature’ of document

According to the University College London, the UK is said to have an “unwritten” constitution, but this is not strictly correct; it is largely written, but in different documents. “It has never been codified; brought together in a single document. In this respect, the United Kingdom is different from most other countries, which have codified constitutions. But not all: New Zealand and Israel also lack a codified constitution.”

Magna Carta contains foundational constitutional law principles. (Wikimedia Commons)

However, as stated by the Constitution Society (an independent educational charity founded in 2009 that promotes public understanding of the UK constitution) based in London, the UK “constitution is scattered across several sources, which makes it tougher to identify and understand”, and instead of referring to a written constitution such as India, the judicial system of the UK refers to these “sources” instead.

The uncodified constitution also contains some “less formal” documents that do not have any “legal force,” like conventions (an understanding about how the constitution works) and reliable writings or research of experts that have been accepted as true, accurate, and definitive.

The guiding principle: Magna Carta

According to the UK Parliament, charters granting rights and liberties to individuals and groups were issued by lords throughout society, including the king. They were written records of someone’s action and were authenticated with a wax seal. Although its form was normal for the time, Magna Carta was the product of a political crisis and an uprising of the leading men of England.

In 2024, Harvard University discovered one of the earliest versions of the document in its collections, dating back to the year 1300, previously assumed to be a copy. “Considered a key step in the evolution of human rights against oppressive rulers, Magna Carta has formed the basis of constitutions around the world,” Harvard Law School noted.

Court, final arbiter

The Supreme Court was established by the Constitutional Reform Act 2005, and opened in October 2009. Earlier, the Appellate Committee of the House of Lords was the highest court of appeal, and its judges were known as Law Lords. The Law Lords sat in the Houses of Parliament.

The Supreme Court is stated to have been established to achieve a “complete separation” between the UK’s senior judges and the Upper House of Parliament, underscoring the independence of the Law Lords and increasing the transparency between Parliament and the courts.