Constitution of the United Kingdom

Although there is no written constitution, the UK is often referred to as the constitutional monarchy. The UK has its constitution and it is one of the oldest in the world. According to these views, the Constitution is a set of rules of the game that stand above political disputes and struggles, about which there is consensus and which are permanent because they are carved into the consciousness and system of values and beliefs of politicians and the general public. The British constitution coincides with constitutional norms and includes the overall functioning of the state.

Two important rules can be highlighted:

The two essential rules of the constitution are the rule of law and the supremacy of the parliament. They include unitary order, parliament, collective and individual responsibility, the role of the electorate, competitive opposition, freedom … It is questionable whether it is possible at the same time to have the rule of law and the sovereignty of the parliament unless it is meant only the rule of positive law.

The supremacy of the parliament means that nobody can override the law that passed through parliament, and that parliament can pass a law on any matter. This is a practice in which Parliament is the center of politics. Responsibility is designated as the responsibility of the government and ministers, collectively and individually in front of the parliament.

This interpretation of the Constitution and parliamentary sovereignty is not in favor of forms of direct democracy, nor of a referendum. Although the practice of referendum in some countries, like Switzerland, was developed, and in the UK itself there were suggestions for the introduction of a referendum, the British remained repulsive to this idea, mostly due to a political culture that is contrary to the referendum.

Position of Parliament

The British system is parliamentary democracy. This presupposes Parliament’s sovereignty or the idea that it is the center of supreme authority in Parliament. In the absence of a written constitution that would have the status of a higher law on the basis of which the courts could examine or verify the constitutionality of ordinary laws, Parliament remains a sovereign authority in the interpretation and revision of the constitution.

Parliament has the right to enact or annul any law, and no law or individual has been granted the law of non-recognition or non-application of laws passed by Parliament. This position of parliament in recent times is difficult to preserve. The new processes and requirements of globalization are detrimental to the idea of paralytic sovereignty It is considered that the golden age of parliamentary democracy was the second half of the 19th century. Parliament was not only a representative of the people, but also the image of the morality and morality of the nation.