constitution

constitution A constitution is a body of rules, formal or informal, which regulates the government of a state. The distribution of power between the various organs of government, the limits of governmental authority, and the methods of appointing or electing those who govern form the staple of a constitution.

The existence of a constitution implies that there are some restraints upon those who govern. If decisions, for instance, depend upon the whim of an absolute monarch, or the fancy of a dictator, it is hard to speak of a constitution. Most states, and many private associations, have written constitutions—a code of written rules binding those who govern, together with any amendments which have been made in accordance with the procedures laid down in the constitution. Thus the US constitution is the document accepted in 1787, together with the 27 amendments which have been passed subsequently.

A contrast is sometimes made between written and unwritten constitutions. Britain, it is said, has an unwritten constitution. But the distinction is overdrawn. Britain is unusual in that there is no single document which can be called the formal constitution. The constitution in Britain is scattered through hundreds of Acts of Parliament and judicial rulings. But the description of Britain as having an unwritten constitution usually focuses on another attribute—the importance of conventions. Some of Britain's most important constitutional rules are constitutional conventions. There is a convention that the monarch acts on the advice of his or her ministers: there is no direct legal compulsion on the monarch to do this, but he or she invariably does. By convention, a government clearly defeated on a vote of confidence in the House of Commons either resigns or holds a general election.

The absence of a written constitution has prompted some people to suggest that a bill of rights is needed to protect British citizens, particularly since the 1689 Bill of Rights is concerned mainly with governmental structures. There is already European legislation on human rights. A British bill of rights would certainly lead to increased legislation, and some citizens would devote time to devising more rights. Consequently others have counter‐proposed that any bill of rights should be accompanied by a formal statement of duties.