What is a constitution?

[PeterTurland]

We are told by the people that decide what is right and what is wrong in our culture, that if you are American you have a written constitution that lays out your rights and your responsibiltys but in England we are told we have a constitutional Monarch, what I would love to know is how the queen garuntees my rights, as opposed to a written constitution?

[teddyosbourn]

We are told by the people that decide what is right and what is wrong in our culture, that if you are American you have a written constitution that lays out your rights and your responsibiltys but in England we are told we have a constitutional Monarch, what I would love to know is how the queen garuntees my rights, as opposed to a written constitution?

I could go at this one for a long time but I'll try and keep it brief.

A constitution is, 'a set of fundamental principles or established precedents according to which a state or other organization is governed.' (ripped straight from Wikipedia!)

Our unwritten (or uncodified) constitution reflects the evolutionary and punctuated development of our political system, which stands in stark contrast to the sudden revolutionary birth of the USA; the differing nature of our constitutions is a product of very different histories. As a result our constitution does not lie in a single document and has evolved and formed over time from a number of sources including Statute Law, Common Law, International Treaties and sustained through the doctrine of parliamentary sovereignty and the Rule of Law. Noted authoritative works such as Erskine May's 'Parliamentary Practice,' and various time-honoured conventions also contribute.

Therefore the Queen isn't the constitution, merely it's figurehead. Her constitutional powers or Royal Prerogatives are now bestowed in the Cabinet and Parliament. Those which remain, such as those relating to foreign affairs, the military or patronage are effectively ceremonial and no more.

Your rights aren't defined by the Queen but by good old Statute and Common Law. Whereas the US has a constitutionally entrenched Bill of Rights, our own Human Rights Act is no more than an ordinary piece of Statue, as is Magna Carta and Habeas Corpus, as theoretically repealable as any other.

So which type of constitution is best? Unsurprisingly they both have their pros and cons.