Freedom of association and the law in the United Kingdom

Rivers, Julian

Freedom of association and the law in the United Kingdom

Files

Societas WP23_United Kingdom_Julian Rivers.pdf(462.15 KB)

Published Version

Date

2025

Authors

Rivers, Julian

Publisher

School of Law, University College Cork

Abstract

If there is one feature of the British constitution which is generally well-known, apart, that is, from the existence of a monarchy, it is the fact that it is ‘unwritten’. Having escaped major political turmoil since the revolution of 1688-9, it has evolved incrementally rather than experienced processes of wholesale codification. The highest form of law within the United Kingdom is an Act of Parliament, a piece of primary legislation, almost always promoted by the government of the day, and approved by both Houses. But ‘Parliament does not legislate in a vacuum. Parliament legislates for a European liberal democracy founded on the principles and traditions of the common law, and courts may approach legislation on this initial assumption.’ The common law provides a rich and complex legal context within which legislation takes its effect, somewhat as the conventions of language shape the possibilities of intelligible speech. The political context is further stabilised by constitutional conventions. These are normative practices which modify political powers in line with modern principles of governance. For example, by convention the monarch appoints as prime minister that person best able to command the support of a majority of the House of Commons, and by convention the monarch assents to any legislation which passes both houses. In this way traditional forms of rule are made responsive to democratic principle.

Keywords

Freedom of association , Law , United Kingdom

Citation

Rivers, J. (2025) 'Freedom of association and the law in the United Kingdom', Societās Working Paper 23/2025 (23pp). Cork: School of Law, University College Cork.