History & Sources Of The UK Constitution

Question 1

What is Magna Carta 1215?

Answer 1

Type of document setting out basis on how barons would protect themselves from an arbitrary monarch, demanding that the monarch should act accordingly to law

Question 2

Why was Magna Carta 1215 established?

Answer 2

King John engaged in conflicts and wars for money, with all power belonging to him. He also kept taxing his barons (who were loyal to him) and engaged in more wars to impose more expensive taxes. Eventually, these barons were fed up and decided to write the M.C.

Question 3

During the 13th Century (after King John), how did ‘Parliament’ emerge?

Answer 3

• Originated as advisors, assisting the King (process called ‘governing’)
• Nothing was democratic at the time, they only ‘spoke’ for the people
• 3 classes: Commons, Lords, Kings

Question 4

Was was the Bill of Rights? (17th Century)

Answer 4

When Parliament took an active role in Governing, and started engaging in law-making alone (enhancing power of Parliament)

Question 5

How did the Bill of Rights cause tension between Stuart Kings and Parliament?

Answer 5

• James I wanted to assert power as monarchy (“Kings are Gods upon Earth”) (i.e., wanted to impose taxes without Government)
• Cromwell argued that monarchy should be a ‘figure-head’ instead (relevant to today)
• James was executed after losing war, with the UK becoming a ‘republic’

Question 6

During the early 1660s, the monarchy was restored. Describe what happened during the 18th and 19th Centuries and the evolution of the UK Constitution.

Answer 6

• Parliament Sovereignty but Monarchy was there as their seat of Government power
• Power to govern still laid with monarchy but more constitutions were written
• Monarch must communicate with law-makers and advisers
• ‘Lord of Treasures’/Prime Minister played more of role (George III as final monarch having communications)

Question 7

What were some of the acts introduced during the 18th and 19th Centuries?

Answer 7

• Act of Settlement 1701 (monarch not exercising power over judiciary)
• Acts of Union 1707 (Scotland joined England and Wales to form UK)
• Acts of Union 1800 (Ireland joins the UK)
• Emergence of modern government (drawn from Parliament)
• Great Reforms Act (introduces democracy rather than monarchy power)

Question 8

What happened during the 20th Century and constitutional modernisation?

Answer 8

• Model of Government still established
• War occurred, breaking up Ireland, with 26 counties breaking away from UK (‘Republic of Ireland’ and Northern Ireland remaining with UK)
• 1945-73: 37 countries broke away from British Empire wanting to seek independence (eventually the empire became dismantled)
• Early 1950s: European Convention on Human Rights formed
• Late 1950s: European countries focused on trade and globalisation for equal community (EU)

Question 9

Describe what is happening with the constitution during modern times/today.

Answer 9

• Constitution developing with Human Rights Act 1998 (links with Tony Blair)
• Devolution
• Creation of the Supreme Court (Constitutional Reform Act 2005)
• Brexit
• This evolution shows the importance of the constitution being inevitably political

Question 10

Where can you find sources of the constitution in the UK?

Answer 10

• Acts of Parliament
• Case law
• Government policies/documents
• Constitutional conventions

Question 11

Provide examples relating to the establishment of the UK and its distribution of power.

Answer 11

• Acts of Union 1706-1707 and 1800 (power between all 4 countries of the UK)
• Government of Ireland Act 1920 (Ireland split from the UK)
• Scotland Act 1998
• Government of Wales Act 1998
• Northern Ireland Act 1998

Question 12

Provide examples of Institutional arrangements in the UK.

Answer 12

• Parliament Acts 1911 and 1949 (HoL should pay bills and pass laws to King every 1/2 years)
• Life Peerages Act 1958 (the title ‘Lord’ or ‘Baron’ shouldn’t be inherited but given through experience and value)
• House of Lords Act 1999 (asserting dominance of HoC than HoL’s obstruction)
• Constitutional Reform Act 2005 (Supreme Court becoming highest court than HoL)
• Fixed Term Parliaments Act 2011 (general election every 5 years)
• Dissolution and Calling of Parliaments Acts 2022 (new general election can be done within 5 years)

Question 13

What is Ministerial Code and Cabinet Manual?

Answer 13

• Ministerial Code: code of ethics for Government ministers (breaking may lead to offering a resignation)
• Cabinet Manual: document outlining how the cabinet should behave

Question 14

Provide examples of the UK establishing Rights protection (these are fundamental in every constitution and maintains a balance)

Answer 14

• European Convention on Human Rights (UK Government bound too follow all rights established alongside other European countries, alongside public figures)
• Human Rights Act 1998 (sets out primary human rights) (e.g., John Entick protected right to property)
• Police and Criminal Evidence Act 1984 (rights for police to investigate, and stop and search protecting human dignity)
• Public Order Act 1986 (setting out right to protest, but too far can make this an offence)
• Terrorism Act 2000 (clarifying offences of terrorising but suspected terrorists can have rights and should be dealt accordingly)