8.1 Nature and Sources of the UK Constitution Flashcards
Beginnings of the Constitution
The constitution is generally thought to have begun with the Magna Carta in 1215.
The Magna Carta was an agreement between King John and his barons to prevent the abuse of royal power.
The Magna Carta sets out the principle that no one (including the king) is above the law and sets out the right to a fair trial for all free men.
The Bill of Rights
The next development of constitutional significance was the Bill of Rights which was put into law when William III and Mary II took the throne in 1689.
The Bill of Rights established the idea that the Monarch’s power is reliant on the consent of parliament and set up frequent parliaments, freedom of speech within parliament (parliamentary privilege) and free elections.
Act of Settlement (1701)
The Act of Settlement (1701) stated that only a Protestant could become monarch and gave control over the line of succession to the throne to parliament.
This was shortly followed by the first of the Acts of Union - Acts that established the union of Scotland (1707) and Ireland (1801) with England to form Great Britain.
This was the basis of the UK until the devolution reforms in 1997
What four documents make up the UK constitutional development?
The Magna Carta
Bill of Rights
Act of Settlement
Acts of Union
2 Examples of Constitutional Development
1911/49 Parliament Act
1972 European Communities Act
What did the 1911 Parliament Act do?
In response the 1911 Parliament Act prevented the Lords from delaying money bills and prevented them delaying other bills for more than 2 years.
What did the 1949 Parliament act do?
The 1949 Parliament Act reduced the period for which the House of Lords could delay a bill to 1 year.
What did the 1972 European Communities Act do?
This gave EEC/EU law precedence over UK law in the case of a conflict.
Which constitutional development established the idea that the Monarch’s power is reliant on the consent of parliament?
The Bill of Rights
What are the 5 main principles of the UK constitution?
Unitary Uncodified Unentrenched Rule of Law Parliamentary Sovereignty
What is meant by Unitary?
The UK constitution is unitary, meaning that all power is centralised in the Parliament in Westminster.
This principle has been diluted in recent years due to devolution and many scholars would now refer to the UK as a ‘union state’.
What is meant by Uncodified?`
The UK constitution is uncodified, meaning that it is not written down in one document and is made up of multiple sources.
What is meant by unentrenched?
it is easily changed – by a simple act of parliament or even a shift in convention.
What is meant by the Rule of Law?
Rule of Law is the idea that everyone, including the government, is subject to the law and held accountable to it.
In reality, this means that everyone is entitled to a fair trial and that all citizens, including public officials, are equal under the law and must obey it.
For this to work effectively, the judiciary must also be independent of political interference.
What is meant by parliamentary sovereignty?
the idea that parliament is supreme and ultimate authority sits with it, as representative of the people.
No Parliament can bind its successor – this means that parliament can repeal any act passed by previous parliament.
Parliament is also the supreme legislative body and legislation can’t be changed, struck down or ignored by the judiciary or the executive.
