Is the UK Constitution Really a Secular?

Authors

  • Tauheed Ullah Siddiqui PhD Scholar in a Malaysian University and Assistant Professor in School of Law, University of Karachi, Sindh, Pakistan.
  • Muhammad Zeeshan Adhi Advocate Supreme Court, Barrister of Lincon’s Inn and Additional Advocate General, Sindh, Pakistan.

DOI:

https://doi.org/10.62843/jssr.v5i3.633

Keywords:

Religion, Constitution, Separation, Church, Monarch, Bishop, Parliament

Abstract

It is interesting to note that the British society, which bears a symbol of secularism, owns an uncodified constitution that possesses significant religious characteristics, pertaining not only to a particular religion (Christianity) but also to a particular denomination (protestant). These constitutionally evolved religious features are generally neglected in the British constitutional discourse and debates for the reason that the British constitution is presumed to be a secular constitution whereas the facts state otherwise as it bears several significant historical statutes which mark its religious relevance. Moreover, such a presumed impression of constitutional secularism of the UK tends to be generally misleading various circles and quarters of the Pakistani society; which may potentially result into a motivation for socio-political campaigns in Pakistan for the same pursuit based on the misunderstood constitutional position of the UK. Thus, this article attempts to highlight those significant religious documents, Acts and conventions which provide ample evidence that the UK constitution is not a secular constitution for several reasons such as its historical recognition for deep-rooted nexus between the constitutional monarchy, Parliament and Established Church of England and Scotland. In addition, the legal framework of the UK also contains strong and significant religious representations in all the three military forces, state-funded schools and prisons across the UK.

References

Act of Settlement, 1701, 12 & 13 Will. 3. c. 2 (1701). https://share.google/DNUpDnMLvltsI0fHq

Act of Supremacy, 1534, 26 Hen. 8. c.1 (1534). https://share.google/HaebFdo1nnbhhvD07

Act of Supremacy, 1558, 1 Eliz. 1. c. 1 (1558). https://share.google/ZGxwwng0shWbAt0Mj

Act of Union, 1535, 27 Hen. 8 c. 26 (1536). https://share.google/JHlfG2fNSgwhqE9JI

Act of Union, 1542, 34 & 35 Hen. 8. c. 26 (1542). https://share.google/RhrqAqPOFi3Eqr6jv

Act of Union, 1707, c. 7 (1707). https://share.google/tOj1u957kIVhrvD4r

Act of Union, 1800, 39 & 40 Geo. 3 c. 67 (1800). https://www.legislation.gov.uk/aip/Geo3/40/38

Anglo-Irish Treaty, 1921, Treaty Series No. 214 (1921). https://share.google/SyXSfBknLNOewSV8X

Army Chaplains Act, 1868, 31 & 32 Vict. c. 83 (1868). https://share.google/pAPPN2VnCsTV9aG8g

Chaplin v. Royal Devon & Exeter NHS Foundation Trust (2010), ET/1702886/09 (Employment Tribunal).

Charities Act, 2011, c. 25 (2011). https://share.google/JpSqIaXvpTHu56H47

Church of England Assembly (Powers) Act, 1919, c. 76 (1919). https://share.google/WedjWvZn2rNgsBsJl

Davies M. (2012). England says ‘no’ to women as bishops. Episcopal News Service.

Education Act, 2002, c.32 (2002). https://share.google/rqHCpF0IMxQGJnuyI

Equality Act, 2010, c. 15 (2010). https://share.google/7HkTUw1QJqAmzZYeL

Eweida and Others v. the United Kingdom, Applications Nos. 48420/10, 59842/10, 51671/10, and 36516/10, European Court of Human Rights (15 January 2013).

Government of Ireland Act, 1920, 10 & 11 Geo. 5 c. 67 (1920). https://share.google/l9HNPxctTCj9tdkFC

Human Rights Act, 1998, c. 42 (1998). https://www.legislation.gov.uk/ukpga/1998/42

James L. & Hazell R. (2024). What is Constitutional Monarchy and What is its Role in the UK? Constitution Unit Briefing. UCL Social and Historical Sciences Publications.

Ladele v London Borough of Islington, (2009) EWCA Civ 1357 (Eng CA).

Life Peerages Act, 1958, 6 & 7 Eliz. 2. c. 21 (1958). https://share.google/JX0RFWixKPSaz7yX6

Papal Jurisdiction Act, 1560, c. 2 (1560). https://www.legislation.gov.uk/aosp/1560/2

Percy (AP) v. Church of Scotland Board of National Mission (2005) United Kingdom House of Lords 73, (2006) 2 AC 28.

Republic of Ireland Act, 1948, Act No. 22 (1948). https://share.google/1aQjDuHT6YTa1GFh1

School Standards and Framework Act, 1998, c.31 (1998). https://share.google/ZsaBwjhaFPi974RaD

Succession to the Crown Act, 2013, c. 20 (2013). https://share.google/SlCTwIdQhOR7OVrpt

Survey (2024). British Social Attitudes.

Downloads

Published

2025-12-30

Issue

Section

Articles

How to Cite

Is the UK Constitution Really a Secular?. (2025). Journal of Social Sciences Review, 5(4), 183-192. https://doi.org/10.62843/jssr.v5i3.633