1.1 Nature and Sources of UK constitution Flashcards
What is a constitution?
a set of rules, principles and laws which underpins a political system
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What are the 5 main principles of the UK constitution?
- unentrenched
- uncodified
- unitary
- ‘twin pillars’ of parliamentary sovereignty and the rule of law
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What are the 5 main sources of the UK constitution?
- statute law
- common law
- conventions
- authoritative works
- treaties
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Describe an ‘unentrenched’ constitution
- not safeguarded against change
- can be amended by an individual govt or parliament (Act of Parliament) e.g. HRA 1998
- easier to change and more flexible
- most countries have entrenched constitutions
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Describe a ‘unitary’ constitution
- Opposite of federal
- constitution where legal sovereignty in one location (Westminster)
- power can be delegated to subsidiary bodies - but this can be returned to sovereign body e.g. UKSC ruled that only UK Parliament could confirm EU withdrawal not devolved bodies (Gina Miller I 2017)
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Describe a federal constitution
- constitution where legal sovereignty is divided between central and regional govts
- powers of regional bodies are protected by entrenched constitution
- division of powers reserved to regional bodies is ‘symmetrical’ - all have equal powers
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Describe parliamentary sovereignty
- Parliament is supreme decision-making body in UK
- Any decision made elsewhere in UK can be overturned by passing, amending or repealing Act of Parliament
- No Parliament can bind successors
Describe 2 examples of Parliament being unable to bind successors
- New Lab devolved power to London after Thatcher govt abolished Greater London Council
- Dissolution and Calling of Parliament Act 2022 - scrapped Fixed-term Parliament Act 2011
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Describe different types of sovereignty
- Legal sovereignty - formal power, which lies where laws are made
- Political sovereignty - body that holds most inlfuence over decision-making ‘in practice’ (public)
- Popular sovereignty (electorate) - outcomes of elections/referendums are ‘in practice’ binding on Parliament
- Devolved sovereignty - Parliament agrees for other institutions to take decisions (can be returned to UK Parliament)
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Describe ‘rule of law’
- principle that equal justice should apply to all - fair trial and no institution/individual above law
- govt to follow law as laid down by Acts of Parliament
- independent judiciary
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List examples of fusion of powers
- UK Parliament and Govt fused - govt members must be MPs/Lords
- ‘Law Lords’ convened in legislature
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Describe changes to the codification of the UK constitution
- remains uncodified
- Found in fewer sources (e.g. withdrawal from EU removes important source)
- Increasing number of unwritten sources being written into statute law (e.g. HRA)
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Describe changes to the unitary status of the UK constitution
- ‘quasi-federal’ due to devolution
- yet devolution asymmetric - so not federal
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Describe changes to the entrenchment of the UK constitution
- Parts of UK constitution have become de facto semi-entrenched
- Govts informally entrench policies through referendums
- e.g. Scottish Parliament safe from abolition due to high vote in 1997 Scottish devolution ref (74% support) + Scotland Act 2016
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Describe changes to the parliamentary sovereignty of the UK constitution
- increasingly come into clash with popular sovereignty by referendums e.g. Brexit
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Describe changes to the fusion of powers in the UK constitution
- Greater separation of powers related to judiciary
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Describe statute law
- laws passed by UK Parliament that have received royal assent
- supercede all other sources
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Describe common law
- Unwritten customs established through judicial precedent
- when judicial decisions clarify the meaning of statute or make rulings in the absent of statute
- e.g. parliamentary priviledge, royal prerogative
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Describe constitutional conventions
- unwritten rules or practices which are considered binding to all members of political community
- e.g. Salisbury Convention and Collective cabinet responsibility
- can be made permanent by statute law e.g. Parliaments Act 1911
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Describe foreign treaties and agreements
- agreements with external bodies that bind the UK in some way
- e.g. AUKUS permits disclosure of UK nuclear information to Australia
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Describe authoritative works
- writings of constitutional experts that clarify meaning of constitutional principles
- e.g. A.V. Dicey’s Law of the Constitution 1885 and Bagehot’s The English Constitution 1867
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Describe the Magna Carta (1215)
- Limited power of sovereign
- gave ‘free men’ right to justice and a fair trial (enshrined in Habeas Corpus Act 1689) - symbol of liberty
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Describe the Bill of Rights (1689)
- Monarchs must seek consent of people represented through parliament
- principles of frequent parliaments, free elections, freedom of speech within Parliament (‘Parliamentary Privilege’)
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Describe the Act of Settlement (1701)
- Outlined succession of crown to protestants only
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Describe the Act of Union 1707
- united parliament of Scotland and England and Wales
- separate Scottish legal system retained
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Describe the Parliament Act 1911
- Removed permanent veto of Lords - HoL delay set at maximum 2 years
- Removed right of HoL to reject finance bills
- duration of Parliament could not be extended without consent of HoL
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Describe the Parliament Act 1949
- Reduced HoL’ rights to delay to 1 year
