Expert: Phil Woodford - 3/1/2004

Question
hi,
i know the uk does not have a written constitution but does this mean the uk is not constitutional? ie. can a constitution be merely implied?

Answer
Hi Vincent

I think this is quite a philosophical question and there are probably many people who would give a better answer than me.  It depends really whether you see a 'consitution' as being a formal document with a coherent set of rules and principles that govern the behaviour of the state, or whether you define it in a looser sense as the conventions and political 'glue' that hold the process of government together.  I tend towards the former view and think that the lack of a written constitution is a major stumbling block for a modern state such as the UK.  Others might point towards a functioning democracy that sustains a greater level of freedom and stability than almost any other country in the world.  Their argument would be "if it ain't broke, don't fix it."

Essentially the constitution is the rule book that governs the game of politics.  It is quite possible to have a game with unwritten rules, as long as everyone knows what the rules are and agrees to abide by them, so - yes - a constitution can merely be implied.  The flashpoints come when people challenge the unwritten conventions or when one arm of the state (ie the executive, legislature or judiciary) tries to take for itself too much power at the expense of one of the others.

Hope the above is of some use.  As I say, this is all quite theoretical, so I don't claim to be the world's greatest authority.

Best wishes

Phil