Original post by beckyfranceWell, I have 5 key constitutional principles in my notes:
1. Parliamentary sovereignty
2. Rule of law
3. Unitary State
4. Parliamentary government
5. Constitutional monarchy (this one being the least important)
Parliamentary sovereignty is a key principle in our constitution, as it allows the current Parliament to create, amend or repeal any act, and not bind its successors. It can also create laws in retrospect, such as the War Crimes Act which allowed the detention of war criminals decades after WW2. This shows its supreme nature. It is also one of A.V. Dicey's two pillars of the constitution, along with the rule of law.
However, it is challenged by several factors:
1. The EU
2. Devolution
3. The electorate (referendums, etc.)
Firstly, the EU can bind it by declaring precedence over certain laws. The Human Rights Act 1998, which is incorporated into UK law, is seen as important legislation as it can allow some acts to be declared incompatible by the judiciary. For example, Anti-terrorism, Crime and Security Act 2001 was declared incompatible with Article 5 of the HRA and subsequently the government had to amend it. However, it should be noted that the government is not necessarily bound by these declarations of incompatibility and can even derogate clauses from the HRA under extreme circumstances. Also, due to Parliament's supreme nature, it can repeal the HRA, although doing this could cause a constitutional crisis.
Devolution is the process of giving power to other bodies other than the central body, Westminster. For example, the Scottish Parliament has primary legislation and tax-varying powers, so Westminster cannot control some of Scotland's affairs under the Scotland Act 1998. This can damage parliamentary sovereignty. However, similarly to the HRA, it can repeal relevant acts to take away these devolved powers, but this would likely again cause a constitutional crisis.
Finally, the electorate can damage parliamentary sovereignty. In political theory, Parliament should be legally and politically sovereign, and while it may be legally sovereign as it can create and change laws, the political choice is essentially in the hands of the electorate. Referendums in particular can threaten parliamentary sovereignty, as the people can vote against what Parliament think. For example, for the EU referendum, it is down to what the people vote for. However, the government is not necessarily bound by the results.
Enough of parliamentary sovereignty. Next, the rule of law, another one of Dicey's pillars of the constitution. It is essentially judicial independence, and the separation of powers between the government and the judiciary, to ensure that everyone is seen the same in the eyes of the law. It is very important for democracy, and there are several modern examples of its successes and failures. Firstly, during Blair's premiership, there were "Cash for Honours" allegations, several of which were followed up, but no-one was actually charged. This could be an example of how the government are seen as above the law. It should be noted this was BEFORE the CRA 2005 which separated the two branches a lot more. Another example is that of Chris Huhne, who was jailed for perverting the court of justice and was formerly a member of the Cabinet during the coalition. This is an example of the rule of law being applied.
The unitary state as a very challenged principle of the constitution, and (in my opinion) not likely to be significant in the coming decades, especially in light of the Scotland referendum. The UK was traditionally seen as a unitary state before the devolution under Blair, but after the creation of the Scottish Parliament, the Welsh Assembly and the Northern Irish Assembly, it could be said that the UK is a quasi-federalist state, which is where there is a central body (i.e. Westminster) but devolved powers to other national bodies, who have some control. However, this can raise some issues, such as the West Lothian question, which was addressed by the McKay Commission under the coalition government but nothing ever happened as a result. Regardless, the principle of a unitary state barely exists today.
Parliamentary government is seen as the fusion of powers between Parliament and, you guessed it, the government. For example, David Cameron is Prime Minister but he is also an MP for his constituency, Whitney. This is a fairly important principle as it shows the link and continuity between the two branches, and it is still relevant today.
Finally, the constitutional monarchy is the least important principle of the constitution, as it is essentially the most traditional. It is the principle that the Queen is above all party politics and acts as a symbol to unite all British citizens. It can also involve the convention of her participation in legislation process (i.e. Royal Assent) and the convention of her inviting the party with the most seats in Parliament to form a government after a general election, as well as the Queen's Speech.
Hope this helped!