Development Of UK constitution Flashcards
What are the different development of the UK constitution ?
- Magna Carta 1215
- Bills of Rights 1689
- Acts of union 1707
- Parliament Acts 1911 & 1949
What year was Magna Carta developed ?
1215
What year was the bill of Rights developed ?
1689
What year was the act of settlement developed ?
1707
What year was acts of union developed ?
1707
What year was parliament act developed ?
1911 and 1949
What has been the condition of magna carta over the years ?
Very little has survived over the years but few traditions have been retained in common law
What does Magna Carta establish ?
Rule of law all people must follow including the monarch
The Bill of Rights 1689
When was the act of parliament made ?
After King James the second was replaced by William the third and Mary
The Bill of Rights 1689
Why was the act of parliament made ?
To ensure that the new monarch did not exceed their power and allow parliament to have the final word on all legislation and goverment finances
The Bill of Rights 1689
What did the parliament act ensure for monarch ?
That the new monarch could not exceed their power
The Bill of Rights 1689
What did the act of parliament ensure for parliament ?
To have the final word in all of legislation and government finances
What did the act of settlement 1701 establish ?
- Legal rules governing the succession to the throne
- established the monarch as the over all of the UK (England, Wales and Ireland)
What was the act of union 1707 regarding ?
Union between England, Scotland and Ireland
What did Parliament Act 1911 and 1948 settle ?
The relationship between the HOC and HOL
What did the Parliament Act 1911 take away ?
Took way the HOL power to regulate any laws regarding public finances and limited time could delay legislation passing for 2 years
How long did the parliament act 1911delay legislation in the HOL ?
For two years
What did parliament act 1949 do ?
Reduced this time from 2 years to 1 year
What in effect did the Parliament 1949 act do ?
Made the HOC more powerful and senior house
What are the natures of the UK constitution ?
- uncodified
- untrenched
- unitary
- twin pillar of parliamentary sovereignty
- rule of law
What constitution is the UK ?
Uncodified - not contained in a single document
Where is uncodified constitution found ?
In many sources
What can uncodified constitution described as ?
Easier to amend - change but confusing
First advantage of uncodified constitution?
Greater degree of flexibility allows a political system to be more responsive to changing attitudes and ideas
Second advantage of uncodified constitution?
Tends to evolve and release public pressure more easily without need for major revolutionary uprising
First disadvantage of uncodified constitution
Confusing as rules can come from many different sources
Second disadvantage of uncodified constitution?
A codified constitution becomes entrenched which leads to higher level of protection against temporary government
Uncodified constitutions will be untrenched so what else is unentrenched ?
UK’s constitution
What does unentrenched mean ?
No special procedure for amendment
What does entrenched constitution have ?
Special Rules and procedures to make any changes
Due to entrenched constitution having special rules and procedures to make changes what does it consequently do ?
Makes it more different to change so constitutional principle is more protected
Because parliament is sovereign what is not possible ?
Not possible to entrench the constitution
What does parliamentary sovereignty assert ?
That each parliament cannot bind its successors
Because parliamentary sovereignty asserts that each parliament cannot bind its successors what does it mean ?
New parliament can amend the constitution ad it’s wishes
Why was the Human Act 1998 made ?
Legislation made my parliament to incorporate the European convention of Human right in domestic law
