3.1.1.1 nature + sources of the British Const - Key concepts and History Flashcards
what is the government
The Government runs the country and has responsibility for developing and implementing policy and for drafting laws. It is also known as the Executive.
what is parliament
Parliament is made up of three central elements: the House of Commons, the House of Lords and the Monarchy
- The main business of Parliament takes place in the two Houses
- Generally the decisions made in one House have to be approved by the other.
what is a cabinet
The Cabinet is the team of 20 or so most senior ministers in the Government who are chosen by the Prime Minister to lead on specific policy areas such as Health, Transport, Foreign Affairs or Defence.
statute law
An Act of Parliament (also called a statute) is a law made by the UK Parliament.
- it must be approved by both houses and the monarch to become an act
- Acts are known as ‘primary legislation’ because they do not depend on other legislative authority.
common law
the part of English law that is derived from custom and judicial precedent rather than statutes.
conventions
They are principles of behaviour which are not legally enforceable, but form part of the constitution by being enforced on a political, professional or personal level.
- more traditional than written
authoritative opinions
a long-established legal text written by an expert on constitutional issues
The royal prerogative
The royal prerogative is a body of customary authority, privilege, and immunity recognized in common law as belonging to the sovereign, and which have become widely vested in the government.
rule of law
defines the relations between the state and its citizens
- state actions are limited and they can be held responsible for them
parliamentary sovereignty
Parliamentary sovereignty is a principle of the UK constitution. It makes Parliament the supreme legal authority in the UK which can create or end any law.
individual and collective rights.
Some rights apply to individuals, such as the right to a fair trial: these are called individual rights. Others apply to groups of people, such as the right to a healthy environment or to native title: these are called collective rights.
what was england like from 1066 compared to modern day
1066-1215 (the magna carta)
- England was an absolute monarchy where the monarch was sovereign and had all the power in the country
VS
now:
- the power of the monarchy is limited and sovereignty has passed to parliament
what 14 events in British history link to the development of democracy in the country/uk
- Anglo saxon system
- norman rule, fuedal system
- magna carta (1215)
- creation of parliament (commons and lords)
- removal of king edward II
- act of P (HVIII)
- english civil war
- bill of rights (1689)
- act of settlement (1701)
- act of union
- parliament act (1911)
- anglo irish treatu
- parliament act (1949)
- European communities act
Anglo saxon system and significance
- contained the council (witan)
- created ‘trial by jury’
- practiced ‘habeas corpus’ –> no illegal imprisonment of free men
- foundation of Uk const
norman rule and sig
- fuedal system
- had a chancellor of exchequer that calculated and distributed funds
- had a chief minister to run england
- Justices of the peace appointed to control areas
- beginning of english Legal system
magna carta (1215) and sig
- first part of Uk’s constitution + first formal limit to the power of the monarchy
- created to make peace between King John and his barons who were unhappy with his rule
- focuses on taxation, habeas corpus, trial by jury and scrutiny of the king, alongside airing any problems
- nobles had rights to be consulted by the king
- led to accountability of the monarch, source of liberty, forerunner for human rights
creation of parliament (commons and lords) and sig
- parliament established + the gov and monarch were answerable to them
- involved house of commons and lords
- Lords consulted monarch and commons were lower class consultants
- beginnings of concept of democracy
removal of king edward II and sig
- weak king led to english disaster
- replaced by parliament
- king is answerable to parliament if they are not suitable
act of P (HVIII) and sig
- sovereignty resides in the constitution (parliament)
- HVIII justified break from rome by acts of P
- became a major issue in the english civ war
english civil war and sig
- tension increased due to power
- King Charles I believed he had divine right to rule (drok) and parl believed they had power due to the Magna C
- Parl won and charles was tried
- E = repub, oliver cromwell, inneffective and unpopular so monarchy restored
bill of rights (1689) and sig
- restoration of the monarch caused tensions (two monarchs, charles and james both wanted to rule as absolute monarchs)
- william of orange invaded (protestant aid from James II catholic reformation) and became king, but had to agree to a set of rules laid out by parliament
- bill of rights (john locke): freedom of the people from parliament protected by law (no torture, ref parl meets HabC)
- reduced monarch influence (limited royal perogative and established P sovereignty
- influenced US const
act of settlement (1701) and sig
- allowed for the establishment of cabinet and UK formation
- the parliament could appoint monarchs to fit the law (made sure only a protestant heir could ascend to the throne)
- ministers were appointed by majority
- today: you cannot become an MP as a foreigner, or if you receive money from the crown
how was the act of settlement amended in 2013
succession to the crown act allowed:
1. first born daughters to become monarchs
2. allowed the M to be married to a roman cath but remain prot themselves
act of union and sig
- scotland proved unable in establishing independence via gaining colonies/federal attempts –> E gained scottish jurisdiction (w of orange wanted scottish wealth and wanted to tax them too for mons)
- irish joined to guarantee politicial security from Prot vs Cath conflict
- scot still apart, but some powerrs are devolved (1970 ref for devolved s assmebly –> legal, church etc), but coinage, tax and trade became one with england
parliament act (1911) and sig
- all prime ministers sat in the house of C
- prime minister Asquith introduced to reduce house of L power via the peoples budget
- abolished the lords power to veto a bill coming from the commons
- king was forced to accept –> increased Uk democracy and removed a second chamber, leaving way for an elective dictatorship
anglo irish treaty and sig
- created 2 irish regions with home rule
- created irish free state, involving David LG
- southern ireland stayed independent and N ireland joined UK
parliament act (1949) and sig
- did not have the lords consent (!!!!)
- used to delay leg by 2 years but moved to 1 due to fear they would delay post war time nationalisation program
- became statue law –> made the lords are much weaker
- marked formal shifts of power from lords to commons
- used in acts like sexual offences act 2004 since amendment
what is the Salisbury convention
- lord salisbury and addision remembered 16 labour peers for labour gov
- prevented lords from voting against an elected govs legislation originating from their manifesto
European communities act and sig
- allowed UK to join 3 european institutions (the EU)
- domestic law in the EEC (EU) became immediately effective in the UK
- UK law couldnt conflict with EU law, as it had priority
- first time another institution since 1708 had sovereignty instead of parliament
what influence did the ECA have on the UK and its const
- some EU leg (regulations) apply directly into the Uk without further leg
- some EU leg (directives) are incorporated by parl into Uk law
- Where it is unclear concerning EU law, UK must refer to the EU court of justice –> any law incompatible with the EU law must be removed
