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Difficulty: Very hardThe British Constitution

The British constitution is often described as 'flexible' because it is uncodified. In terms of legal hierarchy and legislative process, which of the following best describes the relationship between 'constitutional' laws and 'ordinary' laws in the United Kingdom?

  1. There is no formal legal distinction between constitutional laws and ordinary laws; both are passed by Parliament using the same procedures.Answer
  2. B
    Constitutional laws must be approved by a two-thirds majority in both Houses of Parliament, whereas ordinary laws require only a simple majority.
  3. C
    The Monarch holds the exclusive power to designate a statute as 'constitutional' to protect it from being repealed by future Parliaments.
  4. D
    Constitutional laws are derived solely from Common Law and judicial precedents, while ordinary laws are created through Statute Law.

Answer

There is no formal legal distinction between constitutional laws and ordinary laws; both are passed by Parliament using the same procedures.
The correct answer is correct because in the United Kingdom, there is no technical legal difference between a law that changes the constitution and a law that changes a minor regulation. Because the constitution is uncodified and Parliament is sovereign, all Acts of Parliament have the same legal status and follow the same legislative path.

Step-by-Step Solution

1
Identify the core characteristic of an uncodified constitution.
An uncodified constitution is not contained in a single supreme document that sits above ordinary law.
This determines how laws are classified and changed within the system.
2
Apply the principle of Parliamentary sovereignty.
Parliament is the supreme legal authority and can pass or repeal any law it chooses.
This means no Parliament can pass a law that a future Parliament cannot change.
3
Compare the legislative process for different types of laws.
Since there is no 'higher' constitutional document, laws dealing with the constitution (like voting rights) are passed in the same way as laws dealing with everyday matters (like traffic regulations).
This confirms the 'flexible' nature of the UK's constitutional arrangements.

Key Concept

Constitutional Flexibility and Parliamentary Sovereignty

Practice More

Research the 'Parliament Acts of 1911 and 1949' to see how the relationship between the House of Commons and House of Lords is defined by Statute Law.
Estimated Time:2m 0s
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Topics

The British Constitution

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