The United Kingdom has an uncodified constitution. The constitution consists of legislation, common law, Crown prerogative and constitutional conventions. Conventions may be written or unwritten. They are principles of behaviour which are not legally enforceable, but form part of the constitution by being enforced on a political, professional or personal level. Written conventions can be found in the Ministerial Code, Cabinet Manual, Guide to Judicial Conduct, Erskine May and even legislation. Unwritten conventions exist by virtue of long-practice or may be referenced in other documents such as the Lascelles Principles.
Members should address the House through the chair (typically 'Mr/Madam Speaker/Deputy Speaker'). [1]
Members should address each other in the third person and by position ('the Lord Chancellor alleges' or 'the Honourable Member asserted...') or constituency ('last week the Member for Harrow East said in this House...'). [1]
Speaking notes are not allowed save for opening speeches, maiden speeches or where particular detail is necessary. [1]
Maiden speeches should occur without interruption. The speaker is congratulated by at least the following two speakers and front bench. [1]
Ministers sit on the front benches to the right of the Speaker, the Chief Whip usually sits immediately next to the gangway. Parliamentary Private Secretaries usually sit immediately behind their minister. Official opposition leadership sit in the front row to the left of the Speaker. Minority party members sit in the back rows below the gangway on the left. [2]
Members are expected to be present from the beginning of a debate and remain for at least two speeches after their own and return for closing speeches. [1]
The chair generally calls members from alternating sides and prioritises those who have been present for a longer period. [1]
Members will formally notify each other when making a formal visit to the other's constituency. [1]
During a general election, the Speaker will stand for election in their constituency unopposed by the major parties. During the election, the Speaker will only campaign as a Speaker seeking re-election and not on any political points. [3]
The Speaker enjoys wide discretion to interpret the Standing Orders and relevance of precedent. They decide the procedure of the House. [1]
Constitutional bills will be taken in a committee of the whole House. [1]
Forthwith motions are put without debate or amendment. [1]
Same Question Rule – The same or substantially similar motion will not be debated twice in the same parliamentary session. [1]
Money resolutions are provided on a case-by-case assessment. [1]
General debates under Standing Order 24 [7] (Emergency Debates) will not be amended, and will be neutral in tone. [1]
The submission or rejection of an urgent question by the Speaker is not referred to publicly. [1]
Members of His Majesty's Opposition front bench (the Shadow Cabinet) should be made privy councillors so that information can be shared with them on 'privy council terms.' [8]
Any member that misleads Parliament is expected to resign.
The Prime Minister will attend the House for Prime Minister's Questions. Where the Prime Minister cannot attend, either their deputy or another senior minister must act as a replacement. [9]
The Commons has primacy over the Lords.
The Salisbury Convention – The Lords will give a second reading to government bills on manifesto commitments, a manifesto bill will not be significantly amended by 'wrecking amendments' which fundamentally alter its substance, a relevant bill will be sent to the Commons in sufficient time to deal with any amendments.
Commons Financial Privilege – The Lords will not oppose or make wrecking amendments to bills dealing with taxation or expenditure. Where such an amendment is made, the bill will be returned to the Lords with a note indicating a breach of the convention.[ citation needed ]
Delegated legislation (statutory instruments) should only rarely[ clarification needed ] be objected to by the Lords.
Members should refer to each other by title or position.
Speeches may not be read, though there may be extensive use of notes.
Members should attend the greater part of debates and at least the opening, winding-up speeches and the two proceeding their own speech.
Maiden and valedictory speeches should be short and uncontroversial; they should be heard without interruption (members should remain seated throughout). Maiden speakers should be congratulated by the next speaker and the front bench if they choose.
Commonly, the House rises by 10pm on Mondays-Wednesdays, 7pm on Thursdays and 3pm on Fridays though this is often varied.
The Legislative Office advice on the orderliness of amendments to bills will be followed.
Collective ministerial responsibility – All ministers, taken together as the government, are jointly accountable to Parliament for the government's actions and policies.
Confidence motions (votes of 'no confidence') - The Prime Minister must tender the resignation of the government if defeated in a confidence motion.
Where a vote of no confidence against the government is submitted by the official opposition, the government must give it time for a debate and vote in the Commons. It is decided by simple majority. [10] [11]
Military intervention overseas – Except in exceptional circumstances, the House should debate and possibly[ clarification needed ] vote on military deployments overseas.
Pre-election period of sensitivity - Ministers should avoid implementing new initiatives or making significant announcements during a pre-election period. [16]
Prorogation – The Prime Minister advises the sovereign on when to end a parliamentary session.
The Sewel Convention – The Sewel Convention requires that the Westminster Parliament will only legislate on reserved matters. It will not legislate on non-reserved matters ("devolved matters") without first seeking the consent of the relevant devolved legislature.
Similar to the above, Parliament shall not legislate for nor the government intervene in decisions taken by the local legislatures of the British Overseas Territories (formerly Crown Colonies) without their consent.
The sovereign will appoint as Prime Minister the person who can command the confidence of the Commons, typically this command is by being the leader of the majority party. [19]
The government will seek consent from the monarch even for bills of which it disapproves. [1]
The government will always advise the monarch to assent to any bill passed by both Houses. [1]
No bill expected to be passed should be delayed i.e. the bills will be included in the letters patent used to demonstrate assent. [1]
Most prerogative powers are exercised by, or on the advice of, ministers. [1]
The sovereign should not be involved in party politics in any way. [1]
The Lascelles Principles – The sovereign should follow the three conventional principles in accepting the resignation of a serving Prime Minister.
Retiring PMs should advise the sovereign on who should be invited to form the next government. [1]
Ministerial communication with the sovereign should remain confidential. [1]
The Sewel Convention applies to the Scottish Parliament.
Statutory instruments (SI) should be laid before the Senedd at least 21 days before coming into force. This is colloquially known as the 21-day rule. If breached, the Welsh Ministers must notify the Presiding Officer of this fact when the SI is laid and explain the reasons why it was late. [20]
The Sewel Convention applies to the Senedd.
The Sewel Convention applies to the Northern Irish Assembly.
The law officers are the primary legal advisers to the Crown.
The Law Officers' Convention – The advice of Law Officers is not usually disclosed. [1]
The Shawcross Convention – The Law Officers may consult with other ministers as to the 'public interest' when making prosecution decisions, but must make the decision entirely on their own judgement and without party political pressure, interest or favour. [22]
A further convention in relation to Law Officer advice, operating on other ministers, is that the Law Officers must be consulted by ministers or their officials in good time before the government is committed to critical decisions involving legal considerations. [21]
The government must uphold the independence of the judiciary.
Ministers will not criticise judicial decisions; judges will not criticise government policy. [23]
Members of the judiciary will not comment on political issues while serving.
A fundamental principle underlying the constitutional convention is that it is not subject to enforcement by a court of law. While this has been a long-held position followed by the courts, it was made explicit in the case of Miller (No 1) , where the Supreme Court made clear that while the courts could take account of the fact that conventions were operating in a particular area, they were not legally enforceable. The Supreme Court affirmed the view of Professor Colin Munro that 'the validity of conventions cannot be the subject of proceedings in a court of law'. [24] [25]
Judges...are neither the parents nor the guardians of political conventions; they are merely observers. As such, they can recognise the operation of a political convention in the context of deciding a legal question ...but they cannot give legal rulings on its operation or scope, because those matters are determined within the political world..
— R (on the application of Miller and another) v Secretary of State for Exiting the European Union [2017] UKSC 5, "Miller No 1"
The Supreme Court have continued to affirm the view that conventions remain unenforceable in law despite being included in statute, so long as the legislation still expresses these conventions as merely conventions. Section 2 of the Scotland Act 2016 and Wales Act 2017 placed the Sewel convention within legislation. However, recognising the existence of the convention within legislation did not alter the status of the convention. The Supreme Court in Miller No 1 confirmed the status of the Sewel Convention as only a convention and not legally enforceable.
[B]y such provisions, the UK Parliament is not seeking to convert the Sewel Convention into a rule which can be interpreted, let alone enforced, by the courts; rather, it is recognising the convention for what it is, namely a political convention, and is effectively declaring that it is a permanent feature of the relevant devolution settlement. That follows from the nature of the content, and is acknowledged by the words (“it is recognised” and “will not normally”), of the relevant subsection. We would have expected UK Parliament to have used other words if it were seeking to convert a convention into a legal rule justiciable by the courts.
— R (on the application of Miller and another) v Secretary of State for Exiting the European Union [2017] UKSC 5, "Miller No 1"
In taking this view, the court noted 'the practical benefits of achieving harmony between legislatures in areas of competing competence' which would require the retained capacity of the Westminster Parliament to avoiding duplication of effort, enable the UK Parliament to make UK-wide legislation where appropriate and avoid any risk of legal challenge to the authority of the devolved legislatures.
The House of Commons is the lower house of the Parliament of the United Kingdom. Like the upper house, the House of Lords, it meets in the Palace of Westminster in London, England. The House of Commons is an elected body consisting of 650 members known as members of Parliament (MPs), who are elected to represent constituencies by the first-past-the-post system and hold their seats until Parliament is dissolved.
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body of the United Kingdom, and may also legislate for the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster in London. Parliament possesses legislative supremacy and thereby holds ultimate power over all other political bodies in the United Kingdom and the Overseas Territories. While Parliament is bicameral, it has three parts: the sovereign, the House of Lords, and the House of Commons. The three parts acting together to legislate may be described as the King-in-Parliament. The Crown normally acts on the advice of the prime minister, and the powers of the House of Lords are limited to only delaying legislation.
The prime minister of the United Kingdom is the head of government of the United Kingdom. The prime minister advises the sovereign on the exercise of much of the royal prerogative, chairs the Cabinet, and selects its ministers. As modern prime ministers hold office by virtue of their ability to command the confidence of the House of Commons, they sit as members of Parliament.
The Westminster system, or Westminster model, is a type of parliamentary government that incorporates a series of procedures for operating a legislature, first developed in England. Key aspects of the system include an executive branch made up of members of the legislature, and that is responsible to the legislature; the presence of parliamentary opposition parties; and a ceremonial head of state who is separate from the head of government. The term derives from the Palace of Westminster, which has been the seat of the Westminster Parliament in England and later the United Kingdom since the 13th century. The Westminster system is often contrasted with the presidential system that originated in the United States, or with the semi-presidential system, based on the government of France.
The House of Commons of Canada is the lower house of the Parliament of Canada. Together with the Crown and the Senate of Canada, they comprise the bicameral legislature of Canada.
The Parliament of Canada is the federal legislature of Canada, seated at Parliament Hill in Ottawa, and is composed of three parts: the King, the Senate, and the House of Commons. By constitutional convention, the House of Commons is dominant, with the Senate rarely opposing its will. The Senate reviews legislation from a less partisan standpoint and may initiate certain bills. The monarch or his representative, normally the governor general, provides royal assent to make bills into law.
The West Lothian question, also known as the English question, is a political issue in the United Kingdom. It concerns the question of whether members of Parliament (MPs) from Northern Ireland, Scotland and Wales who sit in the House of Commons should be able to vote on matters that affect only England, while neither they nor MPs from England are able to vote on matters that have been devolved to the Northern Ireland Assembly, the Scottish Parliament and the Senedd. The term West Lothian question was coined by Enoch Powell MP in 1977 after Tam Dalyell, the Labour MP for the Scottish constituency of West Lothian, raised the matter repeatedly in House of Commons debates on devolution.
In political science, a constitutional crisis is a problem or conflict in the function of a government that the political constitution or other fundamental governing law is perceived to be unable to resolve. There are several variations to this definition. For instance, one describes it as the crisis that arises out of the failure, or at least a strong risk of failure, of a constitution to perform its central functions. The crisis may arise from a variety of possible causes. For example, a government may want to pass a law contrary to its constitution; the constitution may fail to provide a clear answer for a specific situation; the constitution may be clear but it may be politically infeasible to follow it; the government institutions themselves may falter or fail to live up to what the law prescribes them to be; or officials in the government may justify avoiding dealing with a serious problem based on narrow interpretations of the law. Specific examples include the South African Coloured vote constitutional crisis in the 1950s, the secession of the southern U.S. states in 1860 and 1861, the dismissal of the Australian federal government in 1975 and the 2007 Ukrainian crisis. While the United Kingdom of Great Britain and Northern Ireland does not have a codified constitution, it is deemed to have an uncodified one, and issues and crises in the UK and its constituent countries are described as constitutional crises.
A motion or vote of no confidence is a motion and corresponding vote thereon in a deliberative assembly as to whether an officer is deemed fit to continue to occupy their office. The no-confidence vote is a defining constitutional element of a parliamentary system, in which the executive's mandate rests upon the continued support of the majority in the legislature. Systems differ in whether such a motion may be directed against the prime minister, against individual cabinet ministers, against the cabinet as a whole, or some combination of the above.
A convention is an informal and uncodified tradition that is followed by the institutions of a state. In some states, notably those Commonwealth of Nations states that follow the Westminster system and whose political systems derive from British constitutional law, most government functions are guided by constitutional convention rather than by a formal written constitution. In these states, actual distribution of power may be markedly different from those the formal constitutional documents describe. In particular, the formal constitution often confers wide discretionary powers on the head of state that, in practice, are used only on the advice of the head of government, and in some cases not at all.
The Speaker of the House of Commons is the presiding officer of the House of Commons, the lower house and primary chamber of the Parliament of the United Kingdom. The current speaker, Lindsay Hoyle, was elected Speaker on 4 November 2019, following the retirement of John Bercow. Hoyle began his first full parliamentary term in the role on 17 December 2019, having been unanimously re-elected after the 2019 general election.
The House of Representatives is the sole chamber of the New Zealand Parliament. The House passes laws, provides ministers to form the Cabinet, and supervises the work of government. It is also responsible for adopting the state's budgets and approving the state's accounts.
John Simon Bercow is a British former politician who served as Speaker of the House of Commons from 2009 to 2019, and Member of Parliament (MP) for Buckingham between 1997 and 2019. A member of the Conservative Party prior to becoming Speaker, he was the first MP since Selwyn Lloyd in 1971 to be elected Speaker without having been a Deputy Speaker. After resigning as Speaker in 2019 and opting not to seek re-election as MP for Buckingham in the 2019 general election, Bercow left Parliament. In 2021, he joined the Labour Party but was suspended in 2022.
Sir James Philip Duddridge, is a British politician and former banker. A member of the Conservative Party, he served as the Member of Parliament (MP) for Rochford and Southend East from 2005 to 2024. Duddridge previously held several ministerial positions under prime ministers David Cameron, Boris Johnson and Liz Truss.
The Parliament of Singapore is the unicameral legislature of the Republic of Singapore, which governs the country alongside the president of Singapore. Largely based upon the Westminster system, the Parliament is made up of Members of Parliament (MPs) who are elected, as well as Non-constituency Members of Parliament (NCMPs) and Nominated Members of Parliament (NMPs) who are appointed. Following the 2020 general election, 93 MPs and two NCMPs from three political parties were elected to the 14th Parliament. Throughout the sitting of Parliament, nine NMPs are usually appointed by the president on a biennial basis.
The Constitution of Australia is the fundamental law that governs the political structure of Australia. It is a written constitution, that establishes the country as a federation under a constitutional monarchy governed with a parliamentary system. Its eight chapters sets down the structure and powers of the three constituent parts of the federal level of government: the Parliament, the Executive Government and the Judicature.
The government of the United Kingdom is the central executive authority of the United Kingdom of Great Britain and Northern Ireland. The government is led by the prime minister who selects all the other ministers. The country has had a Labour government since 2024. The prime minister Keir Starmer and his most senior ministers belong to the supreme decision-making committee, known as the Cabinet.
The Fixed-term Parliaments Act 2011 (FTPA) was an Act of the Parliament of the United Kingdom which, for the first time, set in legislation a default fixed election date for general elections in the United Kingdom. It remained in force until 2022, when it was repealed. Since then, as before its passage, elections are required by law to be held at least once every five years, but can be called earlier if the prime minister advises the monarch to exercise the royal prerogative to do so. Prime ministers have often employed this mechanism to call an election before the end of their five-year term, sometimes fairly early in it. Critics have said this gives an unfair advantage to the incumbent prime minister, allowing them to call a general election at a time that suits them electorally. While it was in force, the FTPA removed this longstanding power of the prime minister.
On 28 August 2019, the Parliament of the United Kingdom was ordered to be prorogued by Queen Elizabeth II on the advice of the Conservative prime minister, Boris Johnson—advice which was later ruled unlawful. The prorogation, or suspension, of Parliament was to be effective from some point between 9 and 12 September 2019 and would last until the State Opening of Parliament on 14 October 2019. As a consequence, Parliament was suspended between 10 September and 24 September 2019. Since Parliament was to be prorogued for five weeks and reconvene just 17 days before the United Kingdom's scheduled departure from the European Union on 31 October 2019, the move was seen by many opposition politicians and political commentators as a controversial and unconstitutional attempt by the prime minister to avoid parliamentary scrutiny of the Government's Brexit plans in the final weeks leading up to Brexit. Johnson and his Government defended the prorogation of Parliament as a routine political process that ordinarily follows the selection of a new prime minister and would allow the Government to refocus on a legislative agenda.
R (Miller) v The Prime Minister and Cherry v Advocate General for Scotland, also known as Miller II and Miller/Cherry, were joint landmark constitutional law cases on the limits of the power of royal prerogative to prorogue the Parliament of the United Kingdom. Argued before the Supreme Court of the United Kingdom in September 2019, the case concerned whether the advice given by the prime minister, Boris Johnson, to Queen Elizabeth II that Parliament should be prorogued in the prelude to the United Kingdom's withdrawal from the European Union was lawful.
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