1.1.1 the nature of the UK constitution

Question 1

what does the constitutional monarchy mean in the UK? how did it come about?

Answer 1

• it holds limited power according to the rule of law
• power gradually moved away from the crown to parliament and within parliament to the commons, without a revolution.

Question 2

landmark decisions

Answer 2

• magna carta act 1215
• the bill of rights act 1689
• act of settlement 1701
• act of union 1707
• parliament acts 1911/1949
• european communities act 1972
• devolution 1997
• brexit 2016

Question 3

magna carta

Answer 3

King John forced by the barons to sign the magna carta, placing limits on the crown, and establishing that one cannot be punished without due process of law.

Question 4

the bill of rights act 1689

Answer 4

gave legal force to ‘certain ancient rights and liberties’
- summoning of regular parliaments
- free elections
- no taxation without the consent of parliament
- parliamentary freedom of speech

Question 5

act of settlement 1701

Answer 5

declared parliament had the authority yo determine the succession to the throne, it also confirmed judicial independence, a judge can only be removed with the consent of both houses of parliament.
- basically primacy of parliament over the crown

Question 6

act of union 1707

Answer 6

united the parliament of scotland with england and wales.
- created the UK

Question 7

Parliament Acts of 1911 and 1949

Answer 7

1911: HoL lost its right to veto
1949: reduced the Lords’ right of delay from 2 years to 1 year
- established democratic legitimacy of parliament

Question 8

european communities act 1972

Answer 8

the UK joined the EEC
- the principle that, in cases of overlap, European law would take precedence over domestic law, was established in 1991

Question 9

devolution 1997

Answer 9

scotland and wales established their own governments and legislatures.
- subsequent legislation has increased their powers

Question 10

Brexit 2016

Answer 10

• public voted to leave the EU
• restored British sovereignty and carrying into UK law all former EU law.

Question 11

Dicey’s rule of law

Answer 11

• ‘twin pillars’ on which Britains constitution is based on
• parliament is sovereign
• parliament must govern according to the rule of law

Question 12

the UK constitution is unentrenched, meaning?

Answer 12

• it does not possess a single sovereign document entailing rights/checks on the government.

Question 13

so instead,,, parliament is,,,?

Answer 13

• soverign
• can enact legislation for which tehre is a parliamentary majority and would not be deemed unconstitutional.

Question 14

negative rights

Answer 14

• british rights are not protected by higher law
• we can do whatever is not deemed forbidden by parliament

Question 15

civil rights are protected by?

Answer 15

• rule of law
• separation of powers

Question 16

the UK is referred to as>

Answer 16

• unitary
• though, devolution could be seen as challenging the principle of the UK as a unitary state.