‘Unwritten constitutional principles supply much of the foundation – or ‘hidden wiring’ – of the UK constitution. As Lord Reed has recently recognised, the constitution relies on numerous “understandings, generally tacit, about how power should be exercised”. Constitutional form and constitutional culture, working in combination, have produced a state in which even vital constitutional principles remain somewhat elusive; Lord Reed continues: “[b]ecause we have no written constitution, and court cases raising constitutional questions have until recently been few and far between, there has been relatively little by way of legal definition of constitutional principles.” Nonetheless, courts and political organs recognise the role of the rule of law, parliamentary sovereignty, and separation of powers as animating principles of the constitution.’
UK Constitutional Law Association, 29th May 2024
Source: ukconstitutionallaw.org
