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Explain Why The Uk Does Not Have A Single Legal System

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The key aspect discussed within this essay, is that the United Kingdom does not have a constitution in a sense of not having a single licit system, and how it has an assembly of aged, incoherent and inconsistent principles. We must first discuss what the term constitution is; whether the United Kingdom has a constitution; the rule of law; what bodies and powers mould the legal system; and arguments whether there should be a reform.

The word constitution is explained and illustrated by the Greek philosopher Aristotle (347 BC - 350 BC) who hypothesised that ‘The government is everywhere sovereign in the state, and the constitution is in fact the government’; the form of the constitution is governing the state. In correlation to today’s society a constitution is a set of legal principles which governs a country or state which various institutions have duties to impose. It is either unitary or federal, and is either a codified ‘written’ or uncodified ‘unwritten’ constitution. The United Kingdom primarily has a peculiar uncodified constitution as it is not a single legal system (not a single legal written document), as oppose to the United States of America, which upholds a codified constitution. The House of Lords committee in 2001, stated ‘the set of laws, rules and practices that create the basic instructions of the state…’ …show more content…

Parliament have authority over all these countries even though Scotland, Wales and Northern Ireland have their own legislatures and executives. For example; Parliament abolished Parliament of Northern

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Therefore, there is no threat to aristocracy in this nation. In cities and towns, there is, however, a constant threat of a rebellion and the only way to fix this issue is to give the people what they want: a new constitution. Not only will the constitution satisfy the citizens but it will also give power to the national government to accomplish the goals of a functioning nation. The new government will represent the states and create a strong nation that will strive for greatness. The national government provides a structure for the citizens to have a say in the nation’s direction through the voting process.

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Government, the foundation of any civilization, defines both the life of its citizens as well as a tone of the country. Cicero, a roman politician and philosopher, wrote The Republic and The Laws shortly before the fall of the roman empire, which contained proposals to help fix the crumbling empire and outline justice within a democratic government. The Preamble to the Declaration of Independence and the United States Constitution, unlike cicero's works, were written at the genesis of the United States. They, too, however, outline the basis for a just society, founded on written law, as opposed to its natural existence. Cicero’s The Republic and The Laws outlines many aspects of modern government, many of which the Preamble of the Declaration of Independence and the Constitution meet, and some of which they fall short of!

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This historic document not only laid the groundwork for the evolution of the common law system but also inspired the framers of the United States Constitution, embedding its life into American law and governance. Its universal principles have contributed significantly to the shaping of human rights and international law, underscoring the Magna Carta's legacy in promoting justice and liberty across the globe ("Magna Carta and its Modern Legacy," Cambridge University Press & Assessment). The common law system, characterized by the development of law through judicial decisions and precedents, owes much to the Magna Carta's emphasis on legal principles and the rule of law. This principle has become a cornerstone of common law, influencing legal systems in the United Kingdom, the United States, and other countries that follow the common law tradition. The Magna Carta's insistence on the rights to a fair trial and due process has also been instrumental in shaping the procedural aspects of common law, ensuring that justice is administered in a consistent and fair manner.

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A constitution provides a framework of principles, according to which a society must function. By describing the functions of different departments of the government and limiting the extent to which elected officials can exercise their powers, a constitution is superior to all other laws and governing bodies. The absence of a written constitution in the United Kingdom (UK) has sparked ample debate in the last few years. “It is suggested that the lack of a critical moment at some point in history provided by military defeat, colonial independence or revolution, helps explain why the UK does not have a codified constitution” (Blick, 2011). With the changing dynamics of the country, such as the decision to leave the European Union (EU), scholars feel it is imperative, more than ever, that Britain codifies its constitution.

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