- UNCODIFIED
It is not contained within one single document BUT many aspects are written e.g. the ECHR (European Convon HR).
It is not authoritative – same status as ordinary laws, not entrenched, not judiciable – judges can’t declare other bodies to be (un)constitutional.
Most countries have codified constitutions – earliest modern example is the US – whilst the UK, Israel and New Zealand maintain uncodified constitutions.
- UNITARY
- Sovereign power is concentrated into a single body of national government.
- The central gov is supreme over other local bodies – very easy to change distribution of power among individuals/bodies as it simply requires an Act of Parliament – e.g. Nov 2014 – Manchester given elected city-wide mayor with powers over transport, housing etc.
- RULE OF LAW
- The law is equally applied to everyone – no one is above the law – the law governs the nation, not individuals = Dicey’s second ‘twin pillar’.
- A person should not be punished unless they have breached the law .
- A and others v Secretary of State for the Home Department(2004) held that the indefinite detention of foreign prisoners in Belmarsh without trial under the Anti-terrorism, Crime and Security Act 2001 was incompatible with the ECHR.