Chapitre 3 The British Constitution

Question 1

What is bristish constitution ?

Answer 1

A constitution is “the system or body of fundamental principles according to which a nation, state, or body politics is constituted and governed”.

British constitution :
It’s a collection of documents uncodified (several documents). Britain’s constitution is often described as unwritten, which may be misleading. In reality, unlike most countries that have a codified constitution, the UK does not have one unifying document that serves as a constitution.

It established bodies and institutions, provides powers, determined how they interact and coexist but also concerned relationships government and the individuals.

Question 2

What are sources of British constitution ?

Answer 2

• conventions and customs
• common law and case law
• authoritative works
• statute law
  Ex : Magna Carta (1215) ; Pétition of rights (1628), Habeas corpus act (1679), reform acts… (XIX)
• EU law

Question 3

What is Magna Carta ?

Answer 3

• Latin expression for «Great Charter»
• signed in 1215 by King John
• 1st constitution ever
• It lists and forbids the abuses endured by the Barons because in 1215, barons rebelt against the King because he taxe vassals property and land owners.
• protects people’s liberty
• limits King John power and he agreed
• guarantees trial by jury of peers it was extended to all subjective like free men, women, etc…

Question 4

What is Habeas Corpus ?

Answer 4

• 1679
• it forbids arbitrary arrests and detentions and requires that a prisoner be brought before a judge or jury and that evidence be presented showing why is properly detained

Question 5

What is Bill of rights ?

Answer 5

• 1689
  It ended century of royal sovereignty and led to the present day system of parliamentary sovereignty by establishing two constitutional pillars : the rule of law and parliamentary sovereignty.

Question 6

What is the Great reform act ?

Answer 6

• 1832

It established democracy with the popular sovereignty by increasing the number of adults males entitled to vote.

Question 7

What is the rule of law ?

Answer 7

It’s a constitutional pillar : no one is above the law

Question 8

What is parliamentary sovereignty ?

Answer 8

Parliament has the power to make its own laws, repeal old laws and sometimes, makes laws that future Parliament cannot change
It’s the most important part of the UK constitution.

Question 9

To enfranchise

Answer 9

To give someone the right to vote

Question 10

To enshrine

Answer 10

To protect

Question 11

Null and void

Answer 11

A matter that has no legal effect and has no binding power

Question 12

Overreach

Answer 12

Abuse

Question 13

Pariliamentary privilège

Answer 13

Immunity which protects members against civil or criminal liability for statements made during the course of their duties in Parliament