The Political Quarterly, Vol. 78, No.

4, October±December 2007

Should Britain Have a Written

Constitution?
VERNON BO GDANOR, T ARUNA BH KHAITAN AND
STEFAN VOGENAUER

I happens to be uncodi®ed and, in part,

unwritten. The trouble is, however, that
`We Englishmen', declares Mr Podsnap an uncodi®ed constitution yields in-
in Charles Dickens's novel, Our Mutual sucient clarity in many important
Friend, `are Very Proud of our Constitu- areas. In the autumn term of 2006,
tionÐIt was Bestowed Upon Us by pro- Vernon Bogdanor and Stefan Vogenauer
vidence. No other Country is so Favoured held a seminar at Oxford, at which
as this Country'. students were asked to draft a constitu-
What Dickens intended as satire tion for Britain. Tarunabh Khaitan, a
seemed to many, until the second half of doctoral student, played a prominent
the twentieth century, no more than sober part in the exercise. The students were
realism. Indeed, Mr Podsnap's view was asked to draft the constitution as it
to be echoed not only in Britain but also actually is rather than as it might be or
by observers in other countries, who as it ought to be. They soon realised that
studied the British constitution to dis- there were many areas of unclarity. Is
cover the secret of successful govern- there, for example, a constitutional
ment, the secret of how to combine requirement for a referendum before
freedom with stability. Today, however, legislative powers are transferred from
Mr Podsnap is out of fashion, and, in its Westminster to a devolved body? Is
July 2007 Green Paper on The Governance there now, following the precedent of
of Britain,1 the incoming Brown govern- the House of Commons vote before the
ment cautiously airs the idea of a `written Iraq war, a constitutional requirement
constitution' for the United Kingdom for Parliament to approve signi®cant,
(paras 212±3). Would a written constitu- non-routine deployments of the armed
tion be either feasible or desirable? forces into armed con¯ict?
A writtenÐmore properly, a codi- The answers that the students gave to
®edÐconstitution provides a clear, these and many other equally important
accessible and coherent account of the questions can be seen in their draft con-
body of fundamental rules and principles stitution, published below in this issue of
according to which the state and society The Political Quarterly and also as an
are constituted and governed. In addi- appendix to Chris Bryant's volume,
tion, it de®nes the powers of the institu- Towards a New Constitutional Settlement.2
tions of government and sets out the But it is impossible to say whether the
rights of individuals and their responsi- students' answers accurately re¯ected the
bilities. present state of the constitutionÐpre-
Constitutional romantics would claim cisely because nobody knows what the
that there already is an excellent British constitutional position actually is.
constitution in place, a constitution that Some might concede the need for
has served Britain well for centuries, but further constitutional reform, but suggest
# The Authors 2007. Journal compilation # The Political Quarterly Publishing Co. Ltd. 2007
Published by Blackwell Publishing Ltd, 9600 Garsington Road, Oxford OX4 2DQ, UK and 350 Main Street, Malden, MA 02148, USA 499
that this need not entail a codi®ed con- formulated in the wrong way. Perhaps
stitution. Instead, we should, so they the question ought really to beÐWhy
would argue, continue to act in the tradi- should Britain not have a codi®ed consti-
tional spirit of British law reform, which tution? Britain is, after all, one of just
is not that of systematic, rational and three democracies not to have a codi®ed
comprehensive codi®cation of an entire constitution, the others being New Zeal-
area of law, but rather one of organic and and and Israel. Why is this?
incremental adjustment. Further amend- There are in fact two reasons, one
ments to the constitution, therefore, historical and the other conceptual.
should be made in a piecemeal manner. Most states promulgate constitutions
This would not, however, yield the following some momentous develop-
clarity and accessibility that only a con- ment, such as revolution, regime change,
stitution could produce; and it would fail war or the attainment of independence.
to confront two frequent criticisms of the Such moments require the peoples con-
programme of constitutional reform since cerned to reassure themselves of the
1997, namely that it has been conducted shared values that form the basis of their
not only in a disconnected fashion, but society by giving themselves new rules
sometimes also in a procedurally ¯awed for the future. That happened, for
way. Many of the constitutional reforms example, when the United States
are, after all, interconnected, and it is not declared her independence from Britain
helpful to deal with them in isolation. It in 1776, when India attained her inde-
would make little sense, for example, to pendence in 1947, when France adopted
discuss the composition of the House of new regimes in 1946 and 1958 and when
Lords and the question of the electoral Germany adopted a new regime in 1949.
system for the House of Commons as if There is a `constitutional moment' at
they were separate issues. They need to which the rules by which a country is
be dealt with together if coherence and governed need to be clari®ed.
consistency are to be achieved. England, however, has not enjoyed
As long ago as March 1992, Gordon such a constitutional moment since the
Brown, as a leading politician in opposi- seventeenth century, when Oliver Crom-
tion, put forward the aim of `not just well drew up an Instrument of Govern-
tidying up our constitution but trans- ment in 1653, England's only written
forming it' in his Charter 88 Sovereignty constitution. Cromwell, however, had
Lecture entitled `Constitutional Change already abolished the House of Lords
and the Future of Britain'. That exercise and was to refuse to summon the House
of `transforming' the constitution could of Commons, and so the Instrument of
well entail a codi®ed constitution. More- Government did not seem to provide any
over, since all the major reforms since check upon the power of the ruler. In
1997 have been introduced by Act of 1660, the monarchy was restored, and it
Parliament, and have thus been `written was as if the brief republican interlude
down'Ðthe same, of course, will be true had never been. Thus England, the pre-
for the further reforms proposed in the dominant nation in the United Kingdom,
Green PaperÐwhat argument can there seemed never to have begun as a state but
be for not binding them together in one to have evolved continuously. There had
single, coherent document? not been a constitutional moment.
There is, admittedly, a sense in which
Britain may be said to have begun in 1707,
II when the Acts of Union between England
Perhaps, therefore, the questionÐought and Scotland created the new state of
Britain to have a codi®ed constitutionÐis Great Britain. Then, in 1801, the Union
500 V er no n B o gd a n o r, T a r u na b h Kh ait a n a nd St e f an V oge naue r

The Political Quarterly, Vol. 78, No. 4 # The Authors 2007. Journal compilation # The Political Quarterly Publishing Co. Ltd. 2007
with Ireland created the United Kingdom stitution re¯ected merely the dead hand
of Great Britain and Ireland. This in turn of the past.
became in 1921, when all but six of the In addition, because there was no codi-
Irish counties seceded to form the Irish ®ed constitution, we did not have to sub-
Free State, the United Kingdom of Great scribe to statements that would rapidly
Britain and Northern Ireland, which become redundant as a result of political
remains the ocial title of the British change. A constitution drawn up in the
state. year 1830, for example, would have made
But these datesÐ1707, 1801 and 1921Ð statements about voting rights and about
important though they are, hardly have the powers of the House of Lords, which
the character of de®ning moments in the would have become rapidly redundant
creation of a new state, as 1776 does in the after the Great Reform Act of 1832. A
history of the United States, or 1789 in the constitution drawn up in 1996 would,
history of France. Admittedly, the Acts of likewise, have become rapidly redundant
Union of 1707 created a new Parliament, following the reforms of the Blair govern-
the Parliament of Great Britain. But this ment, elected in 1997.
new Parliament was located in Westmin- There was, in much of the writing on
ster, as the old one had been, and, in the advantages of Britain's `¯exible' con-
practice, it took on the characteristics of stitution, an implication that we were not
the old English parliament. In theory, no as other countries, that we were made in a
doubt, 1707, 1801 or 1921 could have been di€erent and more durable way, that we
seen as `constitutional moments', to be had discovered a unique method of bal-
marked by the enactment of a constitu- ancing consensus and con¯ict in a man-
tion, and there are certainly those in Scot- ner that best reconciled freedom and
land who regard the Acts of Union as a stability. That no doubt was also what
constitutional document. In practice, Mr Podsnap meant in his eulogy of the
however, the fundamental characteristics constitution.
of the state remained unchanged and the But there is also a conceptual reason
English felt little need for a codi®ed why Britain has never had a written
constitution. constitution. It is that our dominant,
Moroever, not only have we probably perhaps our only, constitutional prin-
not seen any need for a codi®ed constitu- ciple has been the sovereignty of Parlia-
tion, but we have seen no virtue in one ment. The 1689 Bill of Rights, unlike its
either. We did not believe that it would American equivalent, did not entrench
improve our system of government. For fundamental rights against a majority in
the `historic' and uncodi®ed constitution the legislature. Instead, it guaranteed
gave Britain, so it was thought until the rights of Parliament against the
recently, many advantages. It seemed to king. Instead of repudiating the doctrine
have the great virtue of ¯exibility, since of the sovereignty of Parliament, it
its provisions could be changed with emphasised it. Perhaps the time has
relative ease. There were no entrenched now come to de-emphasise it. For, as
provisions, provisions that required some Bentham noticed, if Parliament is sover-
special procedure if they were to be eign, the individual cannot have rights
changed. We were saved, therefore, against Parliament. There was therefore
from being bound by the preconceptions no point in having a written constitu-
of their forebears; we were saved from tion limiting the rights of Parliament.
ancestor worship, something against Indeed, the British constitution could
which Bentham and his utilitarian fol- have been summed up in just eight
lowers had warned us so strongly. For, wordsÐwhat the Queen in Parliament
on the Benthamite view, a codi®ed con- enacts is law.
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 During the seminar held by Vernon 4. The Government of Wales Act 1998,
Bogdanor and Stefan Vogenauer in 2006, providing for a directly elected Na-
the question arose of how the constitution tional Assembly in Wales.
ought to be amended. The students pre- 5. The Northern Ireland Act 1998, pro-
sented three optionsÐthe ®rst was to viding for a referendum on a partner-
amend by implied repeal, the second ship form of devolution to Northern
was to amend by explicit repeal and the Ireland.
third was to amend by referendum. After 6. The introduction, following the refer-
some discussion, the students voted for endum in Northern Ireland, in 1998,
explicit repeal. That was the one occasion of a directly elected Assembly in the
on which the students decided deliber- province.
ately to deviate from the constitution as it 7. A referendum, under the Greater
now is. There was, so the students London Authority (Referendum) Act
thought, no point in having a constitution 1998, on a directly elected mayor and
unless it was in some sense `fundamen- strategic authority for London.
tal'; that is, more dicult to change than 8. The introduction of proportional rep-
an ordinary law. Even so, it may be resentation for elections to the
argued that explicit repeal is not a par- devolved bodies in Scotland, Wales,
ticularly ®rm safeguard for the rights of Northern Ireland and the London
the individual, and this illustrates the strategic authority.
diculty of drawing up a constitution 9. The European Parliamentary Elec-
without explicitly repudiating the notion tions Act 1999, providing for the
of the sovereignty of Parliament. For the introduction of proportional repre-
idea of a constitution is inconsistent, sentation for elections to the Euro-
surely, with the idea of the sovereignty pean Parliament.
of Parliament in its purest form. 10. The requirement on local authorities,
under the Local Government Act
2000, to abandon the committee sys-
III tem and adopt a cabinet system, a city
At the beginning of the twenty-®rst cen- manager system or a directly elected
tury, it may be, nevertheless, that the two mayor.
reasons for not having a written constitu- 11. The Human Rights Act 1998, requir-
tion, the historical and the conceptual, ing public bodies to comply with the
have less weight than they once did. For provisions of the European Conven-
the years since 1997, when Labour came tion on Human Rights, allowing
to power, have seen an unprecedented judges to declare a statute incompa-
and still uncompleted series of constitu- tible with the Convention and pro-
tional reforms, which together perhaps viding a fast track procedure for
comprise a constitutional moment. These Parliament to amend or repeal such
reforms include the following: a statute.
12. The removal, under the House of
1. The constitutional independence of Lords Act 1999, of all but ninety-two
the Bank of England from govern- of the hereditary peers from the
ment in monetary policy. House of Lords, as the ®rst phase of
2. Referendums, under the Referen- a wider reform of the Lords.
dums (Scotland and Wales) Act 13. The Freedom of Information Act
1997, on devolution to Scotland and 2000.
Wales. 14. The Political Parties, Elections and
3. The Scotland Act 1998, providing for Referendums Act 2000, requiring the
a directly elected Scottish Parliament. registration of parties, controlling
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The Political Quarterly, Vol. 78, No. 4 # The Authors 2007. Journal compilation # The Political Quarterly Publishing Co. Ltd. 2007
 political donations and national cam- mented that the notion of a common
paign expenditure, and providing for identity is lost. Indeed, the Green Paper
the establishment of an Electoral emphasises the `need to ensure that Brit-
Commission to oversee elections and ain remains a cohesive society, con®dent
to advise on improvements in elec- in its shared identity' and the need `to
toral procedure. provide a clearer articulation of British
15. The Constitutional Reform Act 2005, values', values `which have not just to be
providing for the removal of the Lord shared but also accepted' (paras 125, 212
Chancellor from his position as head and 195). Britain, it is suggested, `needs to
of the judiciary and speaker of the articulate better a shared understanding
House of Lords, removal of the law of what it means to be British, and of what
lords from the House of Lords and it means to live in the UK' (para. 7). That
the establishment of a new Supreme implies, surely, that a constitutional
Court. moment may have arrived. The American
constitution plays an important educative
Almost any one of these reforms, taken role, in helping to entrench a sense of
singly, would constitute a radical change. American identity, of what it means to
Taken together, they allow us to label the be an American. Some politicians argue
years since 1997 as an era of constitu- that a British constitution might do the
tional reform. Indeed, these years bear same for Britain.
comparison with two previous periods The lack of a constitutional moment is
of constitutional reformÐthe 1830s, the not, however, the only obstacle to a codi-
era of the Great Reform Act, and the years ®ed constitution. There is also, as we have
immediately preceding the First World seen, a conceptual obstacle, the sover-
War, which saw the passage in 1911 of eignty of Parliament. Yet, the Human
the Parliament Act, restricting the powers Rights Act and the devolution legislation,
of the House of Lords, and the abortive together with the European Communities
Government of Ireland Act of 1914, pro- Act of 1972, in practice, if not in form,
viding for Home Rule for Ireland, as well limit the sovereignty of Parliament. By
as agitation by su€ragettes to extend the convention, Parliament does not now
vote to women. legislate for Scottish domestic a€airs
The constitutional reforms since 1997 and it does not deliberately infringe the
o€er a spectacle nearly unique in the provisions of the European Convention
democratic world, of a country trans- of Human Rights, nor those of the Euro-
forming, by piecemeal means, her un- pean Union. The European Communities
codi®ed constitution into a codi®ed one, Act, the Human Rights Act and the devo-
there being neither the political will nor the lution legislation all imply that there is a
consensus to produce a codi®ed constitu- higher law than the sovereignty of Parlia-
tion in one fell swoop. The end-point of ment. Therefore, we may now be in a
this piecemeal process of constitutional position to consider the basic principles
reform is, as yet, unclear. It might be of a fully codi®ed constitution.
argued, however, that it would now be
natural, with so much of the constitution
codi®ed, to produce a written constitution.
IV
There is, moreover, following the devo- There is, however, a tension between
lution legislation and the development of two types of codi®ed constitutionÐ
Britain into a multicultural society, a new what might be called a lawyers' consti-
concern with the notion of `Britishness' tution and what might be called a peo-
and how it can be rearmed. There is ples' constitution. The argument that a
some anxiety lest Britain become so frag- codi®ed constitution would have an
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educative function and strengthen the established institutions were in place and
notion of Britishness implies that a Brit- the constitution proposed to preserve
ish constitution should be comparatively these institutions, so far as possible.
short, like that of the United StatesÐa Although the 1935 Act had been moti-
peoples' constitution. The argument vated in part by distrust of Indian
from the need for clarity, however, opinion, its painstaking detail had, never-
implies that the constitution must com- theless, already been institutionalised by
prise much more detailed provisionsÐ the time of drawing up the new constitu-
that it must be a lawyers' constitution. tion.
This tension between the demands made The 1950 Indian constitution, which
by the two types of constitution was felt resulted from the momentous e€ort by
by India following her independence in the Constituent Assembly, thus pre-
1947. The same tension will be felt in served the skeletal form of the nature of
Britain if she decides to codify her con- the federation, and the structure of and
stitution. It is worth looking at the choice the relationship between most state insti-
that India made. tutions under the 1935 Act. Many of the
The Indian constitution sought to provisions were transposed verbatim.
codify the British model of parliamentary Of course, the 1950 constitution also
democracy. In 1947, a Constituent Assem- made some far-reaching changes. The
bly began to draft a constitutionÐa task introduction of judicially guaranteed fun-
that took over two years to complete. The damental rights and egalitarian directive
constitution was not ®nally enacted until principles to guide state policy were quite
1950. While independence was a momen- revolutionary. The state institutions were
tous occasion, the political consensus was made democratically representative and
clearly in favour of retaining a large part accountable wherever necessary. Indirect
of the structure of the colonial adminis- elections and limited franchise were
tration, with appropriate changes to mark replaced by direct elections and universal
the transition to democratic government. adult franchise. The unelected and all-
The desire for legal certainty, accentuated powerful oce of the Governor-General
by political insecurity, militated in favour was replaced by an indirectly elected and
of a lawyers' constitution for India. ceremonial presidency, with powers mir-
The constitutional structure that India roring those of the British monarch.
inherited at independence was essen- Nevertheless, these far-reaching changes
tially that embodied in the Government were made within the structural and
of India Act, passed by the Westminster textual framework provided by the Gov-
Parliament in 1935. With 321 sections and ernment of India Act 1935.
ten schedules, it was, up to that time, the A reasonably developed pre-existing
longest Bill ever passed by Parliament. constitutional structure was not the only
The ®ne print was introduced to ensure justi®cation for wanting legal certainty.
that the Indian politicians who were to be The new republic was born with gargan-
given limited powers under the Bill were tuan problems and genuine political in-
not able to misuse its provisions. Almost security. Starting anew would hardly
all of the constitutional arrangements have been feasible, politically, and the
under the Act continued until 1947. unintended consequences that necessar-
Between 1947 and 1950, while the new ily ¯ow from a broadly worded short
constitution was being drafted, the 1935 constitution were best avoided. Thus the
Act continued to operate provisionally, constitution makers shared with the draf-
with a few modi®cations. There was ters of the 1935 Act a desire for certainty
already a reasonably well-developed and predictability in the new political
jurisprudence under the 1935 Act. Well- arrangements.
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The Political Quarterly, Vol. 78, No. 4 # The Authors 2007. Journal compilation # The Political Quarterly Publishing Co. Ltd. 2007
 The parallels between the Indian V
experience and the situation in Britain
today are noteworthy. Britain may be Intellectually, there is clearly a strong
about to enter a period of radical consti- case for a written constitution, and it
tutional overhaul. The motivation for was an interesting exercise for us to
many of the proposed changes is also, of produce one with the students. But
course, a desire to deepen democracy. But there are two interrelated reasons mili-
Britain, unlike India, has legal institutions tating against producing one at the
and jurisprudence developed over centu- present time. The ®rst is that there is a
ries. In addition, there are numerous sense of incompleteness about the
conventions and assumptions about the reforms in the sense that they do not
proper working of government. There seem to amount to a ®nal constitutional
could be considerable dispute as to which settlement. At the time of the devolu-
of these conventions, if any, should be tion legislation, the Secretary of State for
embodied in a codi®ed constitution. It Wales, Ron Davies, famously said that
would be dicult to summarise Britain's devolution was a process, not an event.
complex jurisprudence with its numer- That is also true of constitutional reform
ous exceptions and caveats in broadly in general.
worded provisions. The second reason why the present
Must we, then, conclude that to avoid may not be a good time is that the next
unintended consequences and achieve stage of constitutional reform is likely to
certainty in the constitutional arrange- prove both more complex and also more
ments, Britain must select an Indian- fundamental. The ®rst stage comprised a
style lawyers' constitution? The trouble redistribution of power between elitesÐ
is that such detailed constitutions rarely between politicians at Westminster,
provide educative political slogans. Edinburgh and Cardi€, and between
Such constitutions also need frequent politicians and judgesÐ`But today we
detailed amendments. The Indian con- want to go further', Gordon Brown and
stitution has been amended around a Jack Straw declare in the Foreword to
hundred times in the less than six the Green Paper, `We want to forge a
decades of its existence, although most new relationship between government
of the amendments are insigni®cant and citizen . . .'. The second stage of
from a political or constitutional point constitutional reform, therefore, will
of view. seek to reinvigorate British democracy
There is, therefore, a tension between by redistributing power between the
achieving constitutional certainty and elites and the people. That will involve,
achieving political education through a as the Green Paper indicates, devolving
constitutional document. Yet, constitu- power to local communities and `creat-
tion writing has evolved over the past ing a more participatory democracy'
half-century and the choices before Brit- (para. 179).
ain need not be as stark as they were for The next phase of constitutional
India. For Britain does not face the polit- reform, therefore, will involve the trans-
ical insecurity that India did in 1947 and formation of the democratic system
can a€ord perhaps to take greater consti- from one in which decisions are made
tutional risks. Imaginative solutions that primarily by elites to one in which the
strike the right balance may be possible. people come to make decisions for
But awareness of this tension will be the themselves. From this point of view, it
®rst step towards addressing itÐas and can be seen that the constitutional forms
when Britain does decide to codify her of the British state are no longer in
constitution. alignment with the political forces of

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the age. The problem of making the Notes
constitutional forms congruent with the
1 Ministry of Justice, The Governance of Britain,
social forces is one of the fundamental
Cm 7170, London, TSO, 2007.
problems of our time. It is likely even- 2 Chris Bryant (ed.), Towards a New Constitu-
tually to lead to the promulgation of a tional Settlement, London, The Smith Insti-
codi®ed constitution. tute, 2007.

Appendix: The Constitution of the United Kingdom, as of

1 January 2007
Part 1: the United Kingdom and its Hanover next in line to the throne, as
nationals provided by the Act of Settlement 1700,
extended to Scotland in 1707 and North-
Article 1ÐThe United Kingdom comprises ern Ireland in 1801 by Acts of Union.
England, Scotland, Wales and Northern Ire- (2) The Sovereign is the head of the execu-
land. Northern Ireland shall in no circum- tive and the fount of justice.
stances cease to be a part of the United (3) The Sovereign is commander-in-chief of
Kingdom without the consent of a majority the armed forces.
of registered voters in Northern Ireland vot- (4) The Sovereign presides at meetings of
ing in a poll. the Privy Council whose members are
Article 2ÐNationality of the United appointed by the Sovereign on advice.
Kingdom Only British citizens and citizens of the
Republic of Ireland may be members of
The following are nationals of the United
the Privy Council. Members of the Privy
Kingdom:
Council are appointed for life but a Privy
(a) British citizens, except for British citizens Counsellor may be removed on advice or
from the Channel Islands and the Isle of at his or her request. Privy Counsellors
Man; are required to take an oath as laid down
(b) British subjects with the right of abode in by statute. The Privy Council exercises
the United Kingdom; advisory functions and functions
(c) British overseas territories citizens. entrusted to it by statute. Three Privy
Counsellors constitute a quorum. The
Article 3ÐBritish Citizenship full Privy Council is summoned only
(a) British citizenship is acquired by birth, for a coronation. Ministers are respons-
adoption, descent, registration or natur- ible to Parliament for decisions taken by
alisation, or is conferred by statute. the Privy Council.
(b) A minister may by order deprive a per- (5) The Sovereign is in communion with,
son of British citizenship acquired as a and Supreme Governor of, the Church
result of registration or naturalisation on of England, by law established.
the ground that it was obtained by fraud, (6) Any alteration in the succession to the
false representation or concealment of throne requires the consent of the Parlia-
any material fact. But no such person ments of the Commonwealth Realms as
may be deprived of British citizenship well as the Parliament of the United
unless a minister is satis®ed that it is not Kingdom.
conducive to the public good that that (7) The Sovereign acts on the advice of min-
person should continue to be a British isters, except when appointing a Prime
citizen. Minister, considering a request to dis-
solve Parliament, making a public state-
Part 2: the head of state ment in virtue of the oce of Head of the
Commonwealth or conferring honours,
Article 4ÐThe Sovereign
awards, decorations and distinctions
(1) The head of state is the Sovereign who is that are within the personal gift of the
the descendant of Sophia Electress of Sovereign. The Sovereign assents to
506 V er no n B o gd a n o r, T a r u na b h Kh ait a n a nd St e f an V oge naue r

The Political Quarterly, Vol. 78, No. 4 # The Authors 2007. Journal compilation # The Political Quarterly Publishing Co. Ltd. 2007
 legislation, unless advised to the con- (3) Details of the electoral process are set out
trary by ministers. in an Act of Parliament.
(8) The acts of the Sovereign as head of state (4) The following are disquali®ed from
are not reviewable by the courts. The membership of the House of Commons:
Sovereign is immune from suit and legal (a) aliens;
process in any civil cause in respect of (b) those under the qualifying age;
acts and omissions in the Sovereign's (c) bankrupts;
private capacity. The Sovereign is (d) persons convicted of treason;
immune from criminal proceedings in (e) persons currently detained in a
respect of acts and omissions in the penal institution for more than one
Sovereign's private or ocial capacity. year;
(9) An annual sum shall be voted by Parlia- (f ) persons convicted of illegal election
ment for expenditure incurred by the practices;
Sovereign, the Royal Household and by (g) holders of various judicial oces;
other members of the Royal Family. (h) civil servants;
(10) All persons in the service of the Crown (i) members of the regular armed forces
are required to swear or arm allegiance of the Crown;
to the Sovereign and his or her heirs (j) members of any police force main-
according to law. tained by a police authority;
(11) The Sovereign has the right to be (k) Ambassadors and High Commis-
informed upon all matters of State. sioners;
(12) Statutory provision is made for the (l) election and boundary commis-
appointment of a Regent in case of the sioners and electoral registration
minority or incapacity of the Sovereign. ocers;
(m) members of a foreign legislature out-
side the Commonwealth or the
Part 3: the legislative power Republic of Ireland;
Article 5ÐParliament (n) holders of various other public
oces, as de®ned by statute; and
(1) Legislative power in the United King- (o) members of the House of Lords.
dom is vested in Parliament. (5) An Electoral Commission of the United
(2) Parliament consists of the Sovereign, the Kingdom is appointed by the Sovereign
House of Lords and the House of Com- on the advice of the Prime Minister, with
mons. the agreement of the Speaker, and fol-
lowing consultations with the leaders of
Article 6ÐThe House of Commons all parties represented in the House of
Commons. The Commission is respons-
(1) Members of the House of Commons are
ible for the supervision of elections and
directly elected in free, equal and secret
referendums, the registration of political
elections by universal su€rage. Consti-
parties, and the determination of those
tuencies are regularly reviewed by
who are permitted to participate in a
Boundary Commissions, chaired by the
referendum or make donations to polit-
Speaker of the House of Commons. The
ical parties.
revision of constituency boundaries
(6) Political parties wishing to nominate
requires parliamentary approval before
candidates for elections are required to
it can be given statutory e€ect.
register with the Electoral Commission
(2) All Commonwealth citizens and citizens
and to maintain accounts in accordance
of the Republic of Ireland over the
with regulations laid down by the Com-
qualifying age, not detained in a penal
mission.
institution, nor found guilty of a corrupt
(7) The chief ocer of the House of Com-
or illegal practice, who are registered
mons is the Speaker who is elected by the
in a parliamentary constituency on the
House of Commons at the beginning of
qualifying date shall have the right to
each new Parliament or on the death or
vote. Peers entitled to sit in the House of
retirement of the previous oce-holder.
Lords shall not be entitled to vote.
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 The Speaker does not belong to any polit- ment. Such a request will be granted
ical party and votes only in the case of a unless the Sovereign believes that an
tie when the Speaker votes for further alternative Prime Minister, able to secure
discussion where that is possible. The the support of the House of Commons,
Speaker represents and presides over can be found.
the House, enforces the rules which gov- (3) A Prime Minister defeated in a vote of
ern its conduct, and protects the rights con®dence in the House of Commons
and privileges of the house. The Speaker either resigns or requests a dissolution.
has full authority to enforce the rules of
the House, and powers to regulate the Article 8ÐThe House of Lords
conduct of debate. In cases of grave and
(1) The House of Lords comprises the fol-
continuous disorder, the Speaker may
lowing categories:
adjourn or suspend the sitting. The
(a) Life peers under the Life Peerages
Speaker may order a Member of Parlia-
Act 1958. Life peers in this category
ment who breaks the rules of the House
are appointed by the Sovereign on
to leave the Chamber, initiate a short
the advice of the Prime Minister. An
suspension or put the matter to a vote.
Independent Appointments Com-
(8) Members of Parliament are remunerated
mittee recommends non-party life
from public funds, and may claim vari-
peerages to the Prime Minister. The
ous allowances as determined by the
Prime Minister may also recom-
House of Commons.
mend the appointment of non-party
(9) Members of Parliament are required to
peers. Party peerages are recom-
observe the Code of Conduct. They are
mended to the Prime Minister by
required to register pecuniary interests
party leaders, and vetted by the
and various other bene®ts in a Register
Appointments Commission to
of Interests. The Register is supervised
ensure propriety.
by an independent Parliamentary Com-
(b) Ninety-two hereditary peers, as pro-
missioner for Standards.
vided by the House of Lords Act
(10) Parties which sit in the House of Com-
1999.
mons but do not support the government
(c) The Lords Spiritual, who comprise
constitute the Opposition. The Leader of
the Archbishops of Canterbury and
the Opposition is the leader of the largest
York and the Bishops of London,
of these parties. The Leader of the Oppo-
Durham and Winchester, together
sition in the House of Commons and the
with twenty-one other diocesan
Leader in the Opposition in the House of
bishops by seniority of appointment.
Lords, the Chief Opposition Whip in the
The Lords Spiritual remain mem-
House of Commons, the Chief Opposi-
bers solely during the tenure of their
tion Whip in the House of Lords,
sees.
together with not more than two Assist-
(d) Until 2009, life peers under the
ant Whips in the House of Commons are
Appellate Jurisdiction Act 1876, as
remunerated from public funds.
amended. Life peers in this category
Article 7ÐMeeting and Dissolution of Parlia- are appointed by the Sovereign, on
ment the advice of the Prime Minister,
following a recommendation by a
(1) The Sovereign summons Parliament to Selection Committee. But, from
meet after each general election, and its 2009, peers in this category shall be
duration is from that ®rst meeting until disquali®ed from sitting and voting
Parliament is dissolved. If not dissolved in the House of Lords as long as they
earlier, a Parliament ceases to exist ®ve remain Justices of the Supreme
years from the day on which, by writ of Court.
summons, it was ®rst appointed to meet, (2) The chief ocer of the House of Lords is
unless extended by Acts of Parliament. the Lord Speaker who is elected by the
(2) The Prime Minister may at any time ask members of the House of Lords every
the Sovereign for a dissolution of Parlia- ®ve years or on the death, retirement or
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 resignation of the previous Lord Article do not apply to a bill to extend the
Speaker. The Lord Speaker does not maximum duration of Parliament
belong to any political party, and votes beyond ®ve years for which the consent
only in the case of a tie when the Lord of both houses is needed, nor to any
Speaker votes for further discussion amendment to this constitution under
where that is possible. No Lord Speaker Article 59(1).
serves for more than two ®ve-year terms.
Article 10ÐPrivileges of Parliament
The Lord Speaker presides over the
House, o€ers advice on procedure out- (1) The freedom of speech and of debates or
side the chamber, acts as an ambassador proceedings in Parliament is not
for the work of the Lords at home and impeached or questioned outside Parlia-
abroad, and participates in certain cere- ment.
monial duties, including the State Open- (2) The House of Commons has the power
ing of Parliament. The Lord Speaker has to expel a member who it deems to be
no power to act in the House nor to un®t to continue in that capacity, and
discipline members without the consent also to adjudicate upon cases of disqua-
of the House. li®cation of members not covered by an
(3) Members of the House of Lords are Act of Parliament.
required to observe the principles in the (3) Each House has the right to control its
Code of Conduct. They are required to own proceedings and to regulate its in-
register various pecuniary interests and ternal a€airs and whatever takes place
other bene®ts in a Register of Interests. within its walls.
(4) Each House has the power to punish for
Article 9ÐPowers of the Two Houses breach of its privilege or for contempt.
(1) The House of Commons alone may pro- Article 11ÐLegislative Measures of the
pose alterations in ®nancial charges on European Union
public funds, taxes or other charges.
Legislative Measures of the European Union
(2) A public bill, certi®ed by the Speaker of
which are directly e€ective have legal e€ect in
the House of Commons as a money bill,
the United Kingdom.
that has been passed by the House of
Commons, but has not been passed by
the House of Lords without amendment Part 4: the executive power
within one month of the House of Lords
Article 12ÐThe Executive
having received it, is, nevertheless,
unless the House of Commons directs (1) The executive power of the United King-
otherwise, presented to the Sovereign for dom is vested in the Sovereign, but all
royal assent. executive acts are performed by minis-
(3) Any other public bill which originates ters in the Sovereign's name. Ministers
and has been passed by the House of are required to observe the principles of
Commons in two successive sessions administrative law which apply to the
and which, having been sent to the interpretation of executive acts.
House of Lords at least one month before (2) The executive power includes authority
the end of the session, has been rejected to appoint and remove ocers of the
by the House of Lords in each of these armed forces, to declare war, to com-
sessions, is, on its rejection for the second mand the armed forces, to recognise
time by the House of Lords, unless the foreign jurisdictions, to exchange
House of Commons directs otherwise, envoys, to sign and ratify treaties, to
nevertheless presented to the Sovereign make appointments not otherwise pro-
for royal assent; provided that at least vided for, to grant charters, to grant
one year has elapsed between the second honours and to grant mercy.
reading of the bill in the House of Com- (3) All executive powers are exercised sub-
mons in the ®rst session and its passing ject to the legislation, if any, governing
the Commons in the second session. the circumstance and mode of such exer-
(4) The provisions of paragraph (3) of this cise.
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 (4) Declarations of war and deployment of Article 16ÐRelations between the Govern-
armed forces to engage in armed con¯ict ment and Parliament
require the consent of the House of (1) Ministers are always entitled to be heard
Commons, except in circumstances that in the House of Parliament of which they
do not admit of delay. are members. A minister who has
(5) Subject to Schedule 2 of the European resigned or been removed is entitled to
Communities Act 1972, obligations of the make an address to the House of which
United Kingdom arising under Euro- he or she is a member.
pean Union law may be implemented (2) The Government must present receipts
by Order in Council or by statutory of revenue and estimates of expenditure
instrument. to the House of Commons at least once in
every year.
Article 13ÐAppointment and Removal of
(3) Every minister who is a member of the
Ministers
House of Commons is personally ac-
(1) The Government consists of a Prime countable to the House for all matters
Minister, a Cabinet and other ministers. within his or her portfolio. Ministers
The maximum number of holders of must not deceive or knowingly mislead
ministerial oce entitled to sit and vote Parliament or the public.
in the House of Commons at any one
time is ninety-®ve. Article 17ÐThe Civil Service
(2) The Sovereign appoints as Prime Minis- (1) A civil servant is a servant of the Crown
ter the person who appears best able to employed in a civil capacity who is paid
form a Government enjoying the con®d- wholly and directly from monies voted
ence of the House of Commons. by Parliament.
(3) All ministers besides the Prime Minister (2) Civil servants are recruited on the basis
are appointed and removed, and have of merit and promoted on the basis of
their individual responsibilities deter- ability. They are politically impartial at
mined, by the Sovereign upon the Prime all times.
Minister's advice. (3) There shall be a Civil Service Commis-
(4) All ministers must be, or within three sion, appointed by the Crown under
months of their appointment become, Royal Prerogative, and independent of
members of the House of Lords or House ministers, to ensure that selection to the
of Commons. civil service is based on the principle of
(5) The Prime Minister and all ministers of fair and open competition, and to hear
the Treasury must be or become mem- appeals under the Civil Service Code.
bers of the House of Commons. (4) The civil service supports ministers indi-
Article 14ÐThe Cabinet vidually and collectively in formulating
policy and in administering public ser-
(1) The Prime Minister, the heads of the vices for which the government is re-
executive departments and such other sponsible. Civil servants give honest
ministers as the Prime Minister deter- and impartial advice to ministers and
mines, comprise a Cabinet, which is make all information relevant to a deci-
summoned and chaired by the Prime sion available to ministers. They may not
Minister. deceive or knowingly mislead ministers,
(2) The Cabinet is collectively responsible Parliament or the public. They must con-
for its decisions. duct themselves in such a way as to
Article 15ÐThe Ministerial Code deserve and retain the con®dence of
ministers and to be able to establish the
(1) The ethical standards required of minis- same relationship with those whom they
ters are laid out in a Code formulated may be required to serve in some future
and published by the Prime Minister. administration.
(2) The Prime Minister is responsible for (5) The ethical standards required of civil
enforcing the Ministerial Code, and is servants are provided for in a Civil Ser-
also bound by it. vice Code.
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 (6) Ministers uphold the political impartial- when there is a threat to the life of the nation.
ity of the civil service. They may not ask The occasion of such a proclamation must be
civil servants to act in any way which communicated to Parliament. During the ex-
would con¯ict with the Civil Service istence of a state of emergency, the Crown has
Code. power, by Order in Council, to make regula-
tions for securing the essentials of life to the
Article 18ÐThe Police community. But such regulations may not
There shall be a police authority for every area impose any form of compulsory military ser-
of the United Kingdom. Police authorities in vice nor industrial conscription.
England and Wales shall comprise magis-
trates, local authority representatives and in- Part 5: devolution and local government
dependent members, except that the police
authority for the City of London shall be the Article 23ÐDevolution
police committee of the Corporation of Lon- (1) There shall be a Scottish Parliament, a
don. In Scotland, police authorities shall com- Northern Ireland Assembly and a Na-
prise members of local authorities. In tional Assembly for Wales. Their powers
Northern Ireland, the police authority is the are laid down by statute.
Northern Ireland Policing Board. It is the duty (2) The establishment of a directly elected,
of every police authority to secure the main- territorially based body enjoying legisla-
tenance of an ecient and e€ective police tive or executive powers devolved from
force for its area. Every police authority Parliament requires a referendum.
must appoint, with the approval of the re-
sponsible minister, a Chief Constable, except Article 24ÐLocal Government
that, in London, the head of the police force is
the Metropolitan Commissioner who is (1) There shall be directly elected local au-
appointed by the Sovereign on advice. thorities covering every area of the Uni-
ted Kingdom, and appropriate to its
Article 19ÐThe Armed Forces character and needs.
The armed forces of the United Kingdom (2) Local authorities have powers to pro-
comprise the Royal Navy, the Army and the mote the economic, social and environ-
Royal Air Force. Ocers in the armed forces mental well-being of the areas which
are commissioned by the Crown, and may be they represent.
dismissed at the pleasure of the Crown, but (3) Local authorities may raise taxes as pro-
they may not resign their commission without vided for by an Act of Parliament or a
leave. There shall be no standing army in time measure of the devolved bodies.
of peace without the consent of Parliament. (4) The boundaries of a local government
area may be revised by the Electoral
Article 20ÐThe Security and Secret Intelli- Commission.
gence Services (5) The executive of a local authority is
either a cabinet or a directly elected
The Security and Secret Intelligence Services
mayor. Before the oce of directly
are required to protect national security from,
elected mayor is instituted in a local
in particular, espionage, sabotage and terror-
government, a referendum is held in
ism. Their powers are laid down by statute
that local government area to ascertain
and they are accountable to responsible min-
the view of its electorate. In any local
isters.
authority area, 5 per cent of the regis-
Article 21ÐPublic Inquiries tered electorate in that area can require,
by petition, that such a referendum to be
An Act of Parliament provides for the estab- held.
lishment and conduct of public inquiries into
matters of public concern. Article 25ÐProviso
Article 22ÐEmergency Powers Nothing in this Part a€ects Article 5(1).
The Sovereign may, on advice, proclaim that a
state of emergency exists, in time of war, or
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Part 6: the judicial power (c) in civil and criminal cases, from the
Court of Appeal in Northern Ire-
Article 26ÐThe Judicial Power land, by leave of that Court or of
The judicial power is exercised, until 2009, by the Supreme Court;
the Appellate Committee of the House of (d) in civil and criminal cases, direct
Lords and the Judicial Committee of the Privy from a decision of the High Court
Council; and, after 2009, by the Supreme in England and Wales or the High
Court; and the courts of England and Wales, Court in Northern Ireland, by leave
Scotland and Northern Ireland, the decisions of the Supreme Court;
of which are executed in the name of the (e) from the Court Martial Appeal
Sovereign, and by tribunals. Court, by leave of that court or of
the Supreme Court;
Article 27ÐExtraordinary Courts
(f) on issues concerning devolution
The establishment of extraordinary courts under the Scotland Act 1998, the
requires an Act of Parliament. Government of Wales Act 1998 and
Article 28ÐThe Head of the Judiciary the Northern Ireland Act 1998.
The Lord Chief Justice is head of the judiciary
Article 32ÐJudicial Review
in England and Wales; the Lord President of
the Court of Session is head of the judiciary in (1) So far as it is possible to do so, legisla-
Scotland; the Lord Chief Justice of Northern tion and all other rules of law are read
Ireland is head of the judiciary in Northern and given e€ect in a way which is
Ireland. compatible with this Constitution. The
Article 29ÐIndependence of the Judiciary courts do not give e€ect to any rule
which is incompatible with Article 59
(1) The judiciary is independent of the other of this Constitution.
branches of government. (2) If a court is satis®ed that a provision of a
(2) Ministers are required to uphold the statute is incompatible with a right
independence of the judiciary. The enumerated in Part 7 of this Constitution
Lord Chancellor is responsible for de- it may make a declaration of incompat-
fending the independence of the judi- ibility. A minister may then by order
ciary. This includes the duty to ensure make such amendments to the statute
the support necessary to enable them to as are considered necessary to remove
exercise their functions. the incompatibility.
Article 30ÐPublicity of Sittings (3) So far as it is possible to do so, legislation
and all other rules of law are read and
The sittings of all courts are public, except in given e€ect in a way which is compatible
circumstances provided for by Act of Parlia- with the law of the European Union. The
ment, and judgments are pronounced at a courts do not give e€ect to any rule of
public sitting. law which is incompatible with directly
Article 31ÐThe Supreme Court e€ective European Union law.
(4) Subordinate legislation and administra-
(1) The Supreme Court of the United King- tive action are subject to judicial review.
dom is the ultimate court of appeal in
Great Britain and Northern Ireland, Article 33ÐAppointment and Selection of
except for Scottish criminal cases. Judges
(2) Subject to statutory restrictions, an
appeal lies to the Supreme Court: (1) Judges are appointed by the Sovereign
(a) in civil and criminal cases, from the on advice.
Court of Appeal in England and (2) There shall be a Judicial Appointments
Wales, by leave of that court or of Committee. No person with a legal quali-
the Supreme Court; ®cation may be appointed as chair of this
(b) in civil cases, from the Court of Committee. The Committee shall have a
Session in Scotland, leave to appeal majority of lay members.
not normally being required; (3) Judges are selected solely on merit,
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 regard being had to the need to encour- (2) A holder of high judicial oce is entitled
age diversity in the range of persons on retirement from that oce to a pen-
available for selection for appointments. sion for the rest of his or her life at the
(4) Judges of the Supreme Court are selected annual rate provided by statute.
by a selection committee convened by
the Lord Chancellor. The Lord Chancel-
lor noti®es to the Prime Minister the
Part 7: human rights
name of the person selected. The Prime Article 36ÐRight to Life
Minister advises the Sovereign to
appoint this person. (1) Everyone's right to life shall be protected
(5) The Lord President of the Court of Ses- by law.
sion and the Lord Justice Clerk are nomi- (2) Deprivation of life shall not be regarded
nated by the First Minister of Scotland. as in¯icted in contravention of this Art-
The Prime Minister advises the Sover- icle when it results from the use of force
eign to appoint this person. which is no more than absolutely neces-
(6) Other judges are selected by the Judicial sary:
Appointments Commission for England (a) in defence of any person from
and Wales, the Judicial Appointments unlawful violence;
Board for Scotland or the Northern Ire- (b) in order to e€ect a lawful arrest or to
land Judicial Appointments Commis- prevent the escape of a person law-
sion. The Lord Chancellor or, in the fully detained;
case of Scotland, the First Minister of (c) in action lawfully taken for the pur-
Scotland, recommends the persons pose of quelling a riot or insurrec-
selected for appointment. tion.
(7) The Lord Chancellor or, in the case of Article 37ÐAbolition of the Death Penalty
Scotland, the First Minister of Scotland,
The death penalty shall be abolished. No one
may not reject a selection made under
shall be condemned to such penalty or exe-
paragraphs (4) or (6) of this Article
cuted.
unless there is evidence that the person
selected is not suitable for the oce or is Article 38ÐProhibition of Torture
not the best candidate on merit. Reasons No one shall be subjected to torture or to
must be given for rejection. inhuman or degrading treatment or punish-
ment.
Article 34ÐTenure of Oce
Article 39ÐProhibition of Slavery and
(1) Judges hold their oce during good Forced Labour
behaviour, until they reach the age of
retirement provided by statute or resign (1) No one shall be held in slavery or servi-
or become incapable of performing their tude.
duties. (2) No one shall be required to perform
(2) Judges of the Supreme Court, the Appeal forced or compulsory labour.
Court and the High Court may be Article 40ÐRight to Liberty and Security
removed by the Sovereign only on an
address by both Houses of Parliament. (1) Everyone has the right to liberty and
Judges in the inferior courts may be security of person. No one shall be
removed only after compliance with stat- deprived of his liberty save in the follow-
utory procedures for their removal. ing cases and in accordance with a pro-
cedure prescribed by law:
Article 35ÐSalaries and Pensions (a) the lawful detention of a person after
conviction by a competent court;
(1) All judges are entitled to a salary which (b) the lawful arrest or detention of a
is to be determined by the Lord Chan- person for non-compliance with the
cellor in agreement with the Treasury lawful order of a court or in order to
and which is to be a charge on the Con- secure the ful®lment of any obliga-
solidated Fund of the United Kingdom. tion prescribed by law;
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 (c) the lawful arrest or detention of a time by an independent and impartial
person e€ected for the purpose of tribunal established by law. Judgment
bringing him before the competent shall be pronounced publicly but the
legal authority on reasonable suspi- press and public may be excluded from
cion of having committed an o€ence all or part of the trial in the interest of
or when it is reasonably considered morals, public order or national security
necessary to prevent his committing in a democratic society, where the inter-
an o€ence or ¯eeing after having ests of juveniles or the protection of the
done so; private life of the parties so require, or to
(d) the detention of a minor by lawful the extent strictly necessary in the opin-
order for the purpose of educational ion of the court in special circumstances
supervision or his lawful detention where publicity would prejudice the
for the purpose of bringing him interests of justice.
before the competent legal authority; (2) Everyone charged with a criminal
(e) the lawful detention of persons for o€ence shall be presumed innocent until
the prevention of the spreading of proved guilty according to law.
infectious diseases, of persons of (3) Everyone charged with a criminal
unsound mind, alcoholics or drug o€ence has the following minimum
addicts or vagrants; rights:
(f) the lawful arrest or detention of a (a) to be informed promptly, in a lan-
person to prevent his e€ecting an guage which he understands and in
unauthorised entry into the country detail, of the nature and cause of the
or of a person against whom action accusation against him;
is being taken with a view to depor- (b) to have adequate time and facilities
tation or extradition. for the preparation of his defence;
(2) Everyone who is arrested shall be (c) to defend himself in person or
informed promptly, in a language which through legal assistance of his own
he understands, of the reasons for his choosing or, if he has not sucient
arrest and of any charge against him. means to pay for legal assistance, to
(3) Everyone arrested or detained in accord- be given it free when the interests of
ance with the provisions of paragraph justice so require;
1(c) of this Article shall be brought (d) to examine or have examined wit-
promptly before a judge or other ocer nesses against him and to obtain
authorised by law to exercise judicial the attendance and examination of
power and shall be entitled to trial witnesses on his behalf under the
within a reasonable time or to release same conditions as witnesses
pending trial. Release may be condi- against him;
tioned by guarantees to appear for trial. (e) to have the free assistance of an
(4) Everyone who is deprived of his liberty interpreter if he cannot understand
by arrest or detention shall be entitled to or speak the language used in court.
take proceedings by which the lawful-
ness of his detention shall be decided Article 42ÐNo Punishment Without Law
speedily by a court and his release
(1) No one shall be held guilty of any crim-
ordered if the detention is not lawful.
inal o€ence on account of any act or
(5) Everyone who has been the victim of
omission which did not constitute a
arrest or detention in contravention of
criminal o€ence under national or inter-
the provisions of this Article shall have
national law at the time when it was
an enforceable right to compensation.
committed. Nor shall a heavier penalty
Article 41ÐRight to a Fair Trial be imposed than the one that was applic-
able at the time the criminal o€ence was
(1) In the determination of his civil rights committed.
and obligations or of any criminal charge (2) This Article shall not prejudice the trial
against him, everyone is entitled to a fair and punishment of any person for any
and public hearing within a reasonable act or omission which, at the time when
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 it was committed, was criminal accord- regardless of frontiers. This Article shall
ing to the general principles of law not prevent requiring the licensing of
recognised by civilised nations. broadcasting, television or cinema enter-
prises.
Article 43ÐRight to Respect for Private and (2) The exercise of these freedoms, since it
Family Life carries with it duties and responsibilities,
may be subject to such formalities, con-
(1) Everyone has the right to respect for his
ditions, restrictions or penalties as are
private and family life, his home and his
prescribed by law and are necessary in
correspondence.
a democratic society, in the interests of
(2) There shall be no interference by a public
national security, territorial integrity or
authority with the exercise of this right
public safety, for the prevention of dis-
except such as is in accordance with the
order or crime, for the protection of
law and is necessary in a democratic
health or morals, for the protection of
society in the interests of national secur-
the reputation or rights of others, for
ity, public safety or the economic well-
preventing the disclosure of information
being of the country, for the prevention
received in con®dence, or for maintain-
of disorder or crime, for the protection of
ing the authority and impartiality of the
health or morals, or for the protection of
judiciary.
the rights and freedoms of others.
Article 46ÐFreedom of Assembly and Asso-
Article 44ÐFreedom of Thought, Conscience
ciation
and Religion
(1) Everyone has the right to freedom of
(1) Everyone has the right to freedom of peaceful assembly and to freedom of
thought, conscience and religion; this association with others, including the
right includes freedom to change his right to form and to join trade unions
religion or belief and freedom, either for the protection of his interests.
alone or in community with others and (2) No restrictions shall be placed on the
in public or private, to manifest his reli- exercise of these rights other than such
gion or belief, in worship, teaching, prac- as are prescribed by law and are neces-
tice and observance. sary in a democratic society in the inter-
(2) Freedom to manifest one's religion or ests of national security or public safety,
beliefs shall be subject only to such lim- for the prevention of disorder or crime,
itations as are prescribed by law and are for the protection of health or morals or
necessary in a democratic society in the for the protection of the rights and free-
interests of public safety, for the protec- doms of others. This Article shall not
tion of public order, health or morals, or prevent the imposition of lawful restric-
for the protection of the rights and free- tions on the exercise of these rights by
doms of others. members of the armed forces, of the
(3) If a court's or tribunal's determination of police or of the administration of the
any question arising under this Part of State.
the Constitution might a€ect the exercise
by a religious organisation (itself or its Article 47ÐRight to Marry
members collectively) of the right to free- Men and women of marriageable age have the
dom of thought, conscience and religion, right to marry and to found a family, accord-
the court or tribunal must have particu- ing to the national laws governing the exercise
lar regard to the importance of that right. of this right.
Article 45ÐFreedom of Expression Article 48ÐProhibition of Discrimination
(1) Everyone has the right to freedom of The enjoyment of the rights and freedoms set
expression. This right shall include free- forth in this Constitution shall be secured
dom to hold opinions and to receive and without discrimination on any ground such
impart information and ideas without as sex, race, colour, language, religion, polit-
interference by public authority and ical or other opinion, national or social origin,
S ho u l d B r it a in H ave a Wri t t e n C ons t it ut i on ? 515

# The Authors 2007. Journal compilation # The Political Quarterly Publishing Co. Ltd. 2007 The Political Quarterly, Vol. 78, No. 4
association with a national minority, prop- ensure the free expression of the opinion of
erty, birth or other status. the people in the choice of the legislature.
Article 49ÐRestrictions on Political Activity Article 55ÐFreedom of Information
of Aliens
There shall be a right of access to information
Nothing in Articles 45, 46 and 48 shall be held by public authorities subject to excep-
regarded as preventing the imposition of tions determined by statute.
restrictions on the political activity of aliens.
Article 56ÐRight to Health Care and Subsis-
Article 50ÐProhibition of Abuse of Rights tence
Nothing in this Part of the Constitution may No person shall be denied the right to a
be interpreted as implying for the State, a minimum standard of health care and sub-
group or a person any right to engage in any sistence as set out in statutory provisions to be
activity or perform any act aimed at the enacted from time to time.
destruction of any of the rights and freedoms
set forth herein or at their limitation to a Article 57ÐInterpretation of Human Rights
greater extent than is provided for in this Provisions
Constitution.
(1) A court or tribunal determining a ques-
Article 51ÐLimitation on Use of Restrictions tion which has arisen in connection with
on Rights one of the rights and freedoms enumer-
The restrictions permitted under this Consti- ated in Articles 36±49 of this Constitution
tution to the said rights and freedoms shall must take into account anyÐ
not be applied for any purpose other than (a) judgment, decision, declaration or
those for which they have been prescribed. advisory opinion of the European
Court of Human Rights,
Article 52ÐProtection of Property (b) opinion of the European Commis-
sion of Human Rights given in a
(1) Every natural or legal person is entitled report adopted under Article 31 of
to the peaceful enjoyment of his posses- the European Convention on
sions. No one shall be deprived of his Human Rights,
possessions except in the public interest (c) decision of the European Commis-
and subject to the conditions provided sion of Human Rights in connection
for by law and by the general principles with Article 26 or 27(2) of the Euro-
of international law. pean Convention on Human Rights,
(2) The preceding provisions shall not, how- or
ever, in any way impair the right of the (d) decision of the Committee of Minis-
State to enforce such laws as it deems ters taken under Article 46 of the
necessary to control the use of property European Convention on Human
in accordance with the general interest or Rights,
to secure the payment of taxes or other whenever made or given, so far as, in the
contributions or penalties. opinion of the court or tribunal, it is
relevant to the proceedings in which
Article 53ÐRight to Education
that question has arisen.
No person shall be denied the right to educa- (2) Evidence of any judgment, decision,
tion. In the exercise of any functions which it declaration or opinion of which account
assumes in relation to education and to teach- may have to be taken under this article is
ing, the State shall respect the right of parents to be given in proceedings before any
to ensure such education and teaching in court or tribunal in such manner as may
conformity with their own religious and be provided by rules.
philosophical convictions. (3) In this Article `rules' means rules of court
or, in the case of proceedings before a
Article 54ÐRight to Free Elections tribunal, rules made for the purposes of
Free elections are held at reasonable intervals this ArticleÐ
by secret ballot, under conditions which will (a) by the Lord Chancellor or a Secre-
516 V er no n B o gd a n o r, T a r u na b h Kh ait a n a nd St e f an V oge naue r

The Political Quarterly, Vol. 78, No. 4 # The Authors 2007. Journal compilation # The Political Quarterly Publishing Co. Ltd. 2007
 tary of State, in relation to any pro- Amendment Act purporting to amend
ceedings outside Scotland; or repeal the provisions in Article 23(2)
(b) by the Secretary of State for Scot- of this Constitution must be approved in
land, in relation to proceedings in a referendum before coming into e€ect.
Scotland; or
(c) by a Northern Ireland department,
in relation to proceedings before a Article 60ÐCommencement
tribunal in Northern IrelandÐ This Constitution comes into force at the end
(i) which deals with transferred of the period of twelve months beginning
matters; and with the day on which it is passed.
(ii) for which no rules made under
Oxford, March 2007
paragraph (a) of this Article are
Andrew Baldwin (St Antony's)
in force.
Laura Bradley (Exeter)
Article 58ÐDerogation Becci Burton (St Hilda's)
Eleanor Doherty (Oriel)
In time of war or other public emergency Sarah Sophie Flemig (Brasenose)
threatening the life of the nation, the govern- Tarunabh Khaitan (Exeter)
ment may derogate from the above rights Christopher Knight (St John's)
providing that such derogation is not incon- Tom Lubbock (Brasenose)
sistent with the obligations of international Oliver Newman (Brasenose)
law. There can, however, be no derogation of Anna Oldmeadow (University)
the rights in Articles 36, 38Ðexcept in respect Paschalis Paschalidis (Harris Manchester)
of deaths resulting from lawful acts of warÐ Mathias Schallnus (Brasenose)
39 and 42. Ruby Thompson (Brasenose)
Charlotte Yan (St Hilda's)
Part 8: amendment and commencement Vernon Bogdanor (Brasenose)
Stefan Vogenauer (Brasenose)
Article 59ÐAmendment
(1) This Constitution may be amended by Vernon Bogdanor and Stefan Vogenauer are
legislation passed by the Crown in Par- grateful for the assistance of, amongst others,
liament, with the assent of the Sovereign, Professor Anthony Bradley, Sir Edward and
the House of Lords and the House of Lady Caldwell, Emma Douglas of `Justice',
Commons. Lord Goodhart, David Pannick QC and Wilf
(2) Any amendment must be brought Stevenson. But they are not to be assumed to
expressly through a Constitutional be in agreement with the provisions of this
Amendment Bill. A Constitutional Constitution.

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# The Authors 2007. Journal compilation # The Political Quarterly Publishing Co. Ltd. 2007 The Political Quarterly, Vol. 78, No. 4