1.1 the nature and sources of the UK Constitution Flashcards
Where was power concentrated in the Middle Ages?
power was concentrated in the hands of the monarch
What was Parliament made up of in the 13th century?
- an upper house, made up of hereditary aristocracy and senior members of the church (the house of lords)
- an elected House of Commons, consisted of representatives of the landed gentry and prosperous merchants
What is the rule of law?
the idea that no body, including the government, should be above the law
When was the Magna Carta?
1215
What was the Magna Carta?
agreement between King John and the barons, who rebelled against the abuse of royal power
What was the Magna Carta as a development of constitution?
stated that the principle that no one should be deprived of liberty or property without due process of law
When was the Bill of Rights?
1689
What was the Bill of Rights?
passed by parliament in reaction to the arbitrary rule of King James II
his successors William II and Mary II affirmed the rights of parliament when they accepted the throne
What was the Bill of Rights as a development of constitution?
included provisions for regular parliaments, free elections, freedom of speech within parliament
When was the Act of Settlement?
1701
What was the Act of Settlement?
motivated by a desire to exclude James II and his heirs from the throne
their adherence to the Catholic religion was widely associated with tyrannical rule
What was the Act of Settlement as a development of constitution?
act established the right of parliament to determine the line of succession to the throne
When was the Acts of Union?
1707
What was the Acts of Union?
United England and Scotland
Both countries were now placed under one parliament based in Westminster
What was the Acts of Union as a development of constitution?
the basis of the UK until Tony Blair’s New Labour government passed legislation to set up a Scottish Parliament in 1997
When were the Parliaments Acts?
1911, 1949
What was the Parliaments Acts?
reduced the power of the HoL to interfere with the agenda of the HoC
1911 act was provoked by the action of the Lords in rejecting the radical tax-raising ‘peoples budget’
What was the Parliaments Acts as a development of constitution?
1911 act affirmed that the Lords could not delay money bills, for financial bills, the power of veto was replaced with a two-year delaying power
1949 act reduced this delaying period to one year
When was the European Communities Act?
1972
What was the European Communities Act?
passed by the conservative government
act took Britain into the European Economic Community = EU
What was the European Acts as a development of constitution?
established the principle that EU law would take precedence over UK law where a conflict occurred
What are the three features of the UK constitution?
1 - uncodified
2 - unentrenched
3 - unitary
What are the two key principles of the UK constitution to A.V. Dicey in 1885?
- parliamentary sovereignty
- the rule of law
How is ‘parliament can bind its successor’ part of parliamentary sovereignty?
parliament has the right to amend or repeal acts passed by previous parliaments
e.g. 2003 parliament repealed section 28 of the 1988 Local Government Act, which had made it illegal for local authorities and schools intentionally to promote homosexuality
How is ‘legislation passed by parliament cannot be struck down by a higher body’ part of parliamentary sovereignty?
The UK’s Supreme Court can interpret but not overturn an act of parliament e.g. The Supreme Court has ruled the Rwanda policy as unlawful but parliament is still going through with it
How is ‘parliament can make a law on any subject’ part of parliamentary sovereignty?
- the major social changes of the mid-1960s (legalising abortion and homosexuality, making divorce easier to access and abolishing the death penalty) depended on the passing of acts of parliament
What factors are under the rule of law?
- everyone is entitled to a fair trial and no one should be imprisoned without due legal process
- all citizens must obey the law and are equal under it
- public officials are not above the law and they can be held to account by the courts
- the judiciary must be independent of political interference
What did A.V. Dicey argue about rule of law?
this was the main way in which rights and liberties of citizens are protected, respect for the rule of law is important because it acts as a check on parliamentary sovereignty
What is Statute law?
laws passed by parliament
What is an example of Statute law?
The 1998 Scotland Act, Government of Wales Act and Northern Ireland Act created devolved legislative bodies, which were given some powers previously held by Westminster
What is Common law?
laws made by judges where the law does not cover the issue or is unclear
What is an example of Common law?
- the presumption that a person is accused of a crime is innocent until proven guilty
- the medieval concept of habeas corpus is a common-law protection against unlawful imprisonment - converted into a statute in 1679
What are Conventions?
traditions not contained in law but influential in the operation of a political system
What is an example of a convention?
The principle, established since the 2003 Iraq War and subsequent parliamentary votes, that except in an emergency, the government will not order military action without prior parliamentary approval
What are authoritative works?
works written by experts describing how a political system is run, which are not legally binding but are taken as significant guides
What is an example of an authoritative work?
Erskine May’s Parliamentary Practice, first published in 1844 and regularly updated, explains the rules of parliamentary life
What is are treaties?
formal agreements with other countries, usually ratified by parliament
What is an example of a treaty?
Maastricht (1992), which transformed the European Community into the European Union
