The Constitution of the United Kingdom
PART I
THE UNITED KINGDOM
1 The
Name of the State
The name of the state is the United Kingdom of Great
Britain and Northern Ireland (or "United Kingdom").
2 Sovereignty
The United Kingdom is one sovereign democratic state,
founded on the values of liberty, equality, tolerance, and the
rule of law.
3 The
Symbols of State
(a) The national flag of the United Kingdom is
the Union Flag combining the Crosses of Saint George, Saint Andrew
and Saint Patrick in the three colours of red, white and blue.
(b) The national anthem of the United Kingdom
is determined by the Head of State by Order in Council.
4 The
Head of State
(1) There is established by this Constitution
the office of Head of State of the United Kingdom, which is held
by Her Majesty Queen Elizabeth II and her Heirs and Successors
as Monarch.
(2) The Heirs and Successors are as determined
by the Act of Settlement 1700, except that, in relation to persons
born after the coming into force of this Constitution, the succession
shall be in order of primogeniture without regard to gender or
religion.
(3) Nothing in this Constitution prevents Her
Majesty or any Heir or Successor from abdicating as Monarch in
favour of the Heir to the Throne.
(4) If on Accession, the Head of State is under
the age of 18 years, or at any time the Head of State is incapable
of performing the functions of the Head of State, those functions
shall be performed in the name of and on behalf of the Head of
State by a Regent, who shall be appointed as Act of Parliament
shall prescribe, until the Head of State attains that age or ceases
to be incapacitated.
(5) An Act of Parliament shall provide for the
performance of the functions of the Head of State in the case
of absence from the United Kingdom, or the temporary incapacity,
of the Head of State.
(6) The Head of State is personally entitled
to immunity from suit and legal process in any civil cause in
respect of all things done or omitted to be done by the Head of
Head of State in a private capacity and immunity from criminal
proceedings in respect of all things done or omitted to be done
by the Head of State either in an official capacity or in a private
capacity.
(7) An Act of Parliament shall provide financial
and other resources in support of the Head of State's official
duties.
(8) The Head of State may, after considering
such advice as may be given by the Prime Minister, appoint or
dismiss such officers and other members of the Head of State's
secretariat or household as the Head of State considers necessary.
Functions of the Head of State
(9) The functions of the Head of State, other
than those of a ceremonial or formal nature, are derived only
from this Constitution or an Act of Parliament.
(10) In the performance of any function under
this Constitution or Act of Parliament, the Head of State shall
act in accordance with the advice of the Prime Minister, except
where the Head of State is required thereunder to act -
(a) on the advice or recommendation of any other
person (when the Head of State shall act in accordance with that
advice or recommendation), or
(b) after consultation with any person (when
the Head of State shall act only after such consultation); or
(c) at the discretion of the Head of State (when
the Head of State shall exercise an independent judgment); or
(d) in a way directed by this Constitution.
(11) Where the Head of State is required by
this Constitution or an Act of Parliament to act on the advice
or recommendation of, or after consultation with, another person,
no court shall consider (a) whether or by whom the advice or recommendation
was given or whether and with whom the consultation took place;
or (b) the nature of the advice, recommendation or consultation;
or (c) whether the Head of State acted in accordance with the
advice or recommendation.
Duties of the Head of State
(12) The Head of State shall -
(a) on the report of the Speaker of the House
of Commons, appoint as the Prime Minister the person elected to
that office by the House of Commons; and accept the resignation
of the Prime Minister when tendered by the Prime Minister
(b) appoint to, and remove from, the office of
Minister the persons whose names are submitted by the Prime Minister;
(c) signify Assent to all Bills which, in accordance
with this Constitution and the law and custom of Parliament, have
passed through their stages in Parliament and are presented to
the Head of State for Assent;
(d) appoint such military officers, members of
a public service and other persons whose appointments are, under
this Constitution or an Act of Parliament, required to be made
by the Head of State;
(e) confer such honours, awards, decorations
and distinctions upon such persons as are recommended by the Prime
Minister;
(f) prorogue and summon Parliament.
(13) The Head of State is the supreme commander
of all the Armed Forces of the United Kingdom but shall exercise
powers in relation thereto only in accordance with this Constitution
or Act of Parliament.
Personal Powers of the Head of State
(14) The Head of State may at his or her discretion
-
(a) give advice and make comments upon affairs
of state and the governance of the United Kingdom in private to
the Prime Minister and to other Ministers;
(b) confer honours, awards, decorations and distinctions
that are within the personal gift of the Head of State;
(c) make public statements in right of the office
of Head of the Commonwealth, if occupying such position.
(15) In exercising any power under Article 4(14),
the Head of State shall not manifest a preference directly or
indirectly for any political party.
(16) No court shall consider, in relation to
the exercise by the Head of State of any power under Article 4(14),
whether and to whom the Head of State offered advice or whether
and by whom advice was given to the Head of State, or whether
the Head of State has manifested any preference for a political
party.
5 The
Privy Council
(1) There is established by this Constitution
a Privy Council, the members of which consist of the Heir to the
Throne, and persons who hold or have held any of the following
offices -
(a) Speaker of either House of Parliament,
(b) Prime Minister,
(c) member of the Cabinet,
(d) Leader of the Opposition, and
(e) such other persons as may be appointed, for
life, to be members by the Head of State on the advice of the
Prime Minister.
(2) Orders in Council under this Constitution
or Act of Parliament shall be made by the Head of State acting
in accordance with the advice of the Privy Council.
(3) The Privy Council shall perform such other
functions as this Constitution or an Act of Parliament may prescribe.
6 Citizenship
and Nationality
(1) There is established by this Constitution
a new British nationality, the holders of which are known as British
nationals.
(2) Every person is a British national who, immediately
before the coming into force of this Constitution, held the status
of any of the following -
(a) British citizen;
(b) British Overseas Territories citizen;
(c) British Overseas citizen;
(d) British subject;
(e) British National (Overseas);
(f) British Protected Person.
(3) Every person who is a British national by
reason of paragraph (b) shall be treated as holding that nationality
by descent, unless, immediately before the coming into force of
this Constitution, the person held a status of a British citizen
otherwise than by descent or a British Overseas Territories citizen
otherwise than by descent.
Acquisition and Loss of British Nationality
(4) A person who is born in the United Kingdom,
one of the other British Islands,[823]
or an Overseas Territory, after the coming into force of this
Constitution acquires British nationality by birth.
(5) A person described in paragraph (4) does
not acquire British nationality if, at the time of the birth,
the mother or father possesses the immunity from suit and process
accorded to an envoy of a foreign sovereign, and neither is a
British national; or the mother or father is a national of a country
at war with the United Kingdom and the birth occurs in a place
occupied by that country.
(6) A person who is born in any place other than
those described in paragraph (d) after the coming into force of
this Constitution acquires British nationality by descent if,
at the time of the birth, the mother or father is a British national
otherwise than by descent.
(7) Act of Parliament shall provide for, and
regulate, acquisition (in particular, acquisition by adoption,
descent, registration and naturalisation), loss and withdrawal
of British nationality.
(8) British nationality shall not be withdrawn
arbitrarily or so as to render the holder stateless, and shall
be lost only in the circumstances prescribed by an Act of Parliament,
which shall also provide for the right of any person from whom
British nationality is withdrawn to apply for judicial review.
Allegiance and Dual Nationality
(9) Every person holding British nationality
owes a duty of allegiance to this Constitution.
(10) Nothing in this Chapter prevents a person
who holds British nationality from holding the nationality or
citizenship of another country.
(11) Every person holding British nationality
has the right of abode in any part of the United Kingdom.
Civil Rights of Non-Nationals
(12) An Act of Parliament -
(a) shall determine the extent to which persons
under the jurisdiction of the United Kingdom who do not hold British
nationality are entitled to the civic rights, and are subject
to the civic duties, attached to British nationality; and
(b) may provide for the continued entitlement
of citizens of the Republic of Ireland and of Commonwealth countries
to rights to which they were entitled immediately before the coming
into force of this Constitution.
823 Bailiwick of Guernsey (including Error! Bookmark not defined.,
Error! Bookmark not defined. and Error! Bookmark not defined.),
Bailiwick of Jersey, and Isle of Man. Back
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