What is the UK constitution and how does it hold power in check?
The institutions of the British constitution, that the UK has an uncodified constitution and how it is changing through devolution and former EU membership, and parliamentary sovereignty, checks and balances and judicial review.
A focused answer for Edexcel GCSE Citizenship Studies on the institutions of the British constitution, the uncodified constitution and how it is changing, and parliamentary sovereignty, checks and balances and judicial review.
Reviewed by: AI editorial process; not yet individually human-reviewed
Have a quick question? Jump to the Q&A page
Jump to a section
What this dot point is asking
Edexcel wants you to know the institutions of the British constitution, understand that the UK has an uncodified constitution and how it is changing, and explain parliamentary sovereignty, checks and balances and judicial review. This Theme B topic (Paper 1 Section B) is tested through "Describe" tasks on the uncodified constitution and "Explain" tasks on how Parliament holds the government to account. The examiner rewards the meaning of an uncodified constitution, the concept of parliamentary sovereignty, and concrete examples of checks on power such as scrutiny, judicial review and devolution.
The institutions of the constitution
A constitution is not just a document but the whole framework of bodies and rules by which a country is governed. In the UK these institutions each have a role: the government decides and runs policy; Parliament makes laws and holds the government to account; the opposition challenges and offers an alternative; the judiciary applies the law independently; the monarch is the ceremonial head of state; the police enforce the law; the civil service advises and delivers; and citizens take part through voting and other forms of participation. Understanding how these institutions fit together is the foundation for the topic, and Edexcel may ask you to identify the role of any of them.
An uncodified constitution
Most countries have a codified constitution: a single written document, often hard to change. The UK is unusual in having an uncodified constitution, drawn from several sources built up over centuries. This has two important effects. First, the constitution is flexible: it can be changed relatively easily, often by an ordinary Act of Parliament, without a special procedure. Second, it is always evolving. The specification highlights two examples of change: devolution, which transferred powers to Scotland, Wales and Northern Ireland, and the UK's former membership of the EU, which affected the constitution while it lasted and which changed again after Brexit. Knowing what "uncodified" means, and an example of constitutional change, is regularly tested.
Parliamentary sovereignty, checks and balances, and judicial review
Parliamentary sovereignty is a defining feature of the UK constitution: in principle Parliament can pass any law, and no other body can override an Act of Parliament. But sovereignty does not mean the government can do as it likes, because power is held in check. Parliament scrutinises the government by questioning ministers (including at Prime Minister's Questions), through select committees that investigate departments, and by debating and voting on policy and laws. The judiciary is independent, and through judicial review the courts can examine whether the government or a public body has acted within its legal powers and quash unlawful decisions. Together these checks ensure that even a sovereign Parliament and a powerful executive operate under the rule of law.
Exam-style practice questions
Practice questions written in the style of Pearson Edexcel exam questions on this dot point, with worked answer explainers. The year tag is the paper they imitate, not the source.
Edexcel 20183 marksDescribe what is meant by an uncodified constitution.Show worked answer →
A Paper 1 Section B "Describe" task (AO1). One mark per developed point, up to three.
An uncodified constitution means the UK's constitution is not written down in a single document. Instead it is found in many places: Acts of Parliament, court decisions, conventions and historic documents.
Because it is not entrenched in one document, it can be changed more easily, for example by an ordinary Act of Parliament, as happened with devolution.
Markers reward the key idea that the constitution is not in one single document but spread across several sources, and that it can be changed relatively easily.
Edexcel 20224 marksExplain how Parliament holds the government to account.Show worked answer →
A Paper 1 "Explain" task (AO1 and AO2). Identify methods and develop them.
Parliament scrutinises the government in several ways: MPs question ministers, including at Prime Minister's Questions; select committees investigate the work of departments and take evidence; and Parliament debates and votes on government policy and laws.
These checks mean the government must explain and defend its decisions and can be challenged or defeated, which holds it to account.
Markers reward at least two methods of scrutiny, such as questioning ministers and select committees, developed to show how they hold the government to account.
Related dot points
- The distinction between executive, legislature, judiciary and monarchy, the roles of the Houses of Commons and Lords, and the roles of the prime minister, cabinet and ministers, the opposition, speaker, whips, frontbench and backbench MPs, Black Rod and an MP representing constituents.
A focused answer for Edexcel GCSE Citizenship Studies on the difference between executive, legislature, judiciary and monarchy, the roles of the Commons and Lords, and the roles of the prime minister, cabinet, opposition, speaker, whips, frontbench and backbench MPs, and an MP representing constituents.
- How a bill becomes law, including debate in the House of Commons and the House of Lords, scrutiny by committees, and royal assent.
A focused answer for Edexcel GCSE Citizenship Studies on how a bill becomes law, including debate in the House of Commons and House of Lords, scrutiny by committees, and royal assent.
- The process of forming a government including the role of the monarch, what happens when no single party can form a government and a coalition is formed, and the organisation of government into departments, ministries and agencies staffed by civil servants.
A focused answer for Edexcel GCSE Citizenship Studies on how a government is formed, the role of the monarch, what happens in a hung parliament and coalition, and how government is organised into departments and agencies staffed by civil servants.
- The powers of the devolved bodies in Scotland, Wales and Northern Ireland, and how relations are changing between England, Scotland, Wales and Northern Ireland, including views on devolution and independence.
A focused answer for Edexcel GCSE Citizenship Studies on the powers of the devolved bodies in Scotland, Wales and Northern Ireland, and how relations between the four nations are changing, including views on devolution and independence.
- The fundamental principles of law including the rule of law, the presumption of innocence, equality before the law and access to justice, the different legal systems in the UK, and the main sources of law: common law and legislation.
A focused answer for Edexcel GCSE Citizenship Studies on the fundamental principles of law (the rule of law, the presumption of innocence, equality before the law and access to justice), the different UK legal systems, and the main sources of law: common law and legislation.
Sources & how we know this
- Pearson Edexcel GCSE (9-1) Citizenship Studies (1CS0) specification — Pearson Edexcel (2022)