The United Kingdom does not have a written and coded constitution in a single document, as happens, for example, in Portugal. But the state works in it. After all, how do you understand our British friends?
A United Kingdom Constitution It is the set of laws and principles under which the United Kingdom is governed. However, It does not exist as a written document.
In the title of the article it is read that the Constitution of the United Kingdom is invisible because it is not written and coded in a single document. But it’s there. Confused?
Although not coded, as in Portugal and almost every country in the world, the British constitutional monarchy It is based on laws, treaties, conventions, jurisprudence and historical documents.
That is, the Constitution is not visible in one document, but (we underline again) exists and works. It is able to establish the foundations for the country’s political and legal system.
Famous Magna paper de 1215 It is one of the historical documents by which the British governs. Interestingly, it is considered the founder of the United Kingdom constitution – and eventually had one in the development of British constitutional law, as well as the countries that followed their model (for example, the US).
The Magna Carta provides since its foundation that no one is above the law – not even the king. It was the first big step to limit absolute power.
Today, a Perfect “Alliance” Among the historical documents; the written laws; customs/conventions; And, of course, the jurisprudence guarantees stability to the kingdom.
There is common sense…
Does this system bring risks? Of course. Since the Constitution is often scattered, it can create legal uncertainty – especially in times of crisis.
The United Kingdom is a constitutional monarchy, where the monarch reigns. However, political power is concentrated in Parliament and the elected government.
Being the supreme source of law, the British Parliament can, in theory, pass any law – even if it violates fundamental rights, since there is no constitutional court that can declare a “unconstitutional” law (such as, for example, in Portugal).
The British system is therefore very dependent on informal norms, common sense and political culture. One stable democratic tradition seems to be the secret.
Just as or the United Kingdom, to New Zealand It is another case of a democratic country that also has a “Invisible” Constitution. But although the New Zealandes do not have a written document at their disposal, they also have a set of laws, documents and conventions that form the constitutional structure.
