United Kingdom Legal Research Guide

The United Kingdom has never had a written constitution embodied in a single document. The foundational constitutional text for what is now the UK is the Magna Carta issued by King John of England in 1215. Since then, the UK's constitution has evolved organically over time in response to political, economic, and social changes.

The present constitution encompasses landmark statutes, such as the Bill of Rights of 1689, as well as many conventions or unwritten rules of constitutional practice. For example, the residual (prerogative) powers of the monarch and the relationship between the monarch and Parliament are still governed largely by these unwritten but nevertheless binding conventions.

Constitutional law in the UK has undergone significant changes during the past 25 years. Key developments include the incorporation of the European Convention on Human Rights into UK law via the Human Rights Act of 1998, the establishment of devolved legislatures in three of the UK's four constituent nations in 1999, a partial reform of the House of Lords in 2000, and the establishment of the Supreme Court (formerly known as the Appellate Committee of the House of Lords) as a separate and independent institution in 2009.

The Scottish independence referendum, held in September of 2014, and the Brexit referendum, held in June of 2016, have strengthened the case for further constitutional reform, with many observers arguing that only a more decentralized, if not a fully federal, system of government can preserve the UK as a unified political entity.

Recent Developments in UK Constitutional Law

Consult the following secondary sources for information about recent developments in UK constitutional law.

The author reviews the historical texts which have shaped the development of the UK constitution before describing the period of immense flux through which the constitution has passed in recent decades. He concludes that a written constitution for the UK is the next appropriate step.

Examines how recent reforms, such as the Human Rights Act and devolution, have led to the replacement of one constitutional order, which emphasized the sovereignty of Parliament, by another, which emphasizes the separation of powers.

Leading political scientists and lawyers forecast the impact that the current period of unprecedented change will have on the UK's key institutions and the constitution as a whole.

This collection of essays clarifies the scope of the powers exercised by central, devolved, and local governments within the UK, and the relationship between Britain, the EU and other regional and international legal systems.

This book subjects leading Human Rights Act cases to critical scrutiny, whilst remaining sensitive to the deeper constitutional, political, and theoretical questions which underpin it.

The Human Rights Act 1998 marked a sea-change in the relationships between the individual and the state, and between the courts and the political branches of government. This edited collection of essays assesses the lasting constitutional impact of the Human Rights Act at a point when its political future is far from assured.

This landmark study of appellate judging in the UK provides insights into the inner workings of the Law Lords during their final decade, and into the formative years of the Supreme Court, drawing upon more than 100 interviews with key figures.

This stimulating collection of essays by constitutional scholars, political scientists, and legal practitioners examines the current state of Britain's constitutional architecture and the prospects for its future evolution.