Question

Difficulty: HardThe Unwritten Nature of the Constitution

Unlike many other nations that possess a single, formal document to define their government's powers, the United Kingdom has an 'unwritten' constitution. Which of the following statements best explains how this constitutional framework is organized and maintained?

  1. It is uncodified and relies on multiple sources such as Statute Law, Common Law, and conventions, all of which can be amended by an Act of Parliament.Answer
  2. B
    It is a single, codified document that serves as the supreme law of the land and requires a national referendum for any amendment to be made.
  3. C
    It is purely oral and based on traditional customs that are legally binding and cannot be overwritten by any new Acts of Parliament.
  4. D
    It consists only of 'Common Law', which means that constitutional rules are derived solely from historical court judgments rather than government legislation.

Answer

The British constitution is uncodified and drawn from multiple sources including Statute Law, Common Law, and conventions, and it can be changed by an Act of Parliament.
The correct answer identifies that the UK constitution is 'unwritten' because it is not contained in one single document. Instead, it is 'uncodified', meaning it is gathered from several sources: Statute Law (written laws passed by Parliament), Common Law (laws developed through court decisions), and conventions (traditions and practices). Crucially, it also notes that Parliament can change the constitution by passing an Act of Parliament.

Step-by-Step Solution

1
Identify the primary characteristic of the British constitution.
It is 'unwritten' or 'uncodified', meaning there is no single document defining it.
This is the fundamental definition provided in the official handbook.
2
List the different sources that contribute to the UK's constitutional framework.
Statute Law (Acts of Parliament), Common Law (judge-made law), and constitutional conventions (traditions).
These sources together form the body of rules that govern the country.
3
Determine how these constitutional rules can be updated or changed.
Parliament has the authority to change the constitution by passing a new Act of Parliament.
Parliamentary sovereignty allows the constitution to be flexible and updated through the normal legislative process.

Key Concept

The Uncodified Nature of the British Constitution

Practice More

Review the specific differences between Statute Law and Common Law to better understand how the written and unwritten elements of the constitution interact.
Estimated Time:2m 0s
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