1.1 - The Development, Nature And Sources Of The UK Constitution Flashcards
How is the UK constitution different to other countries?
- never had to undergo a transforming change like a revolution or military defeat, therefore change has been gradual
How had the UK constitution developed in the 13th century
- nobles and other interest groups gained representation in parliament, which met with the monarch and advised the monarch on laws, taxation
- parliament had an upper house made up of hereditary aristocrats, members of the church made up the HOL, and an elected HOC
What are the main aspects of the UK’s unwritten constitution?
- Reduce power of monarch and extend those of parliament
- increase rights and freedom of ordinary citizen
- draw together the component parts of the UK
- increase power of elected HOC, at expense of unelected HOL
- define UK relationship with institutions that developed into EU
What was the Magna Carta
1215, no one should be deprived of liberty or property without due process of law
What was the bill of rights in the UK
1689, provisions for regular parliaments, free elections, freedom of speech without parliament
What was the act of settlement
1701, right of parliament to determine line of succession to the throne
What was the acts of union
- united Scotland and Uk under 1 parliament, until Blair in 97’ gave Scotland their own parliament
What were the parliament acts
1911, 1949
- 1911 act affirmed that the lords could not delay money bills, power of veto was replaced with 2 year delaying power
- 1949 act reduced delaying period to 1 year
What is the nature of the UK constitution
- it’s uncodified, being derived from a number of sources with some being written down and some unwritten (conventions)
- it’s unentrenched meaning it’s flexible and law can be amended or passes easier, simply needing a majority in parliament
- it is unitary, sovereignty being located in the centre in London for: England, Scotland, Wales, NI, however this has been modified since devolution in 1990s
How is parliamentary sovereignty a key principle of the UK constitution
- no parliament can bind its successor, parliament can amend or repeal acts by previous parliaments EG: in 2003 parliament repealed section 28 of 1988 local gov act
- parliament can make a law on any subject, eg: major social changed mid 1960s
- legislation passed cannot be struck down by a higher power, Uk Supreme Court can interpret but not overturn an act of parliament
How is the rule of law a key principle of parliamentary sovereignty
+ everyone is entitled to a fair trial and no one to be imprisoned without due legal process
- all citizens should obey law and are all equal
- public officials aren’t above law, can be held to account by courts
- judiciary is independent of political interference
What is statute law
- body of law passed by parliament, not all laws are constitutional, only those which affect political system and citizens rights
Eg: 1998 Scotland act, Gov of wales act, NI act created devolved legislative bodies
What is common law
- legal principles laid down by judges in their rulings in court cases, provides precedents for later judgement
Eg: presumption that a person is innocent until proven guilty ( habeas corpus)
What are conventions
- customs and practises which don’t bave legal force, but have been accepted over time, (aren’t official written down laws)
Eg: been accepted since 2003 that unless an emergency, gov will not order military action without parliament approval
What are authoritative works
- textbooks explaining the working of political system, which are useful but lack legal standing
Eg: Erksine May’s parliamentary practise 1844 explains rules of parliamentary life
What are the 5 main sources of the UK constitution
Statute law, common law, conventions, authoritative works, treaties
What are treaties?
- agreements with other EU member states, which UK Gov’s have signed since joining Eu in 1973, up until withdrawal in 2020
Eg: most important treaty could be Maastricht (1992), transformed European community into European Union
