A of the royal prerogative, and constitutionalA of the royal prerogative, and constitutional

A constitutional system is the basic outline of the constitutional monarchy and is comprised of three organs of state: the legislative, the executive, and the judiciary, who, in corresponding order; makes laws; enforces them; and applies them to the specific cases arising out of the breach of law.

 

The constitution itself can be defined in the words of Bradley and Ewing as ‘a document having special legal sanctity which sets out the framework and the principal functions of the organs of government within the state and declares the principles by which those organs must operate’1. Constitutions can be categorised into a variety of classifications, which highlight the distinguishing features of the constitutional system. The British Constitution is categorised as uncodified, monarchical, parliamentary, flexible, and unitary (quasi-federal). These features of the British Constitution have an important role in the response to contemporary changes, particularly in the case of Brexit and devolution, as potential solutions may either be held back or enriched.

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The uncodified nature of the constitution means that there is no single document which encompasses the rules as to how the state will operate. Instead, a variety of sources are referred to, which include statute law, common law, and works of authority. Special sources – which are particular to constitutional and administrative aspects of law – consist of the royal prerogative, and constitutional conventions.

 

The uncodified nature, in effect, allows the constitution to be more flexible in response to changing circumstances, as well as giving it the ability to evolve over time