How has the constitution developed over time? Flashcards
1
Q
What is a constitution?
A
- a set of rules for the Government
- sets out the power & responsibilities of government institutions
- clarifies the relationship between the state & individuals
- provides checks & balances
2
Q
Why do we need constitutions?
A
- ensures stability & order
- supports democracy
- protects rights
- often the basis of all other law (not in the UK though)
- can help to prevent abuse of power
3
Q
List the historical developments of the constitution (and their years created)
A
- Magna Carta (1215)
- Bill of Rights (1689)
- Act of Settlement (1701)
- Acts of Union (1707)
- Parliament Acts (1911 & 1949)
4
Q
Describe Magna Carta
A
- a document between King John & the rebel barons to limit the king’s power
- limited the king’s power, made taxation fairer & laid out the terms for a right to a fair trial
- formed the basis of a constitution
5
Q
Describe the Bill of Rights
A
- viewed as one of the foundational documents of British constitutional law
- designed to control the power of the monarch & establish certain civil & political liberties of individuals
- key provisions include the prohibition of royal interference with the law; freedom to petition the monarch without fear of (punishment); freedom from taxation by Royal Prerogative; freedom from the imposition of cruel & unusual punishments
6
Q
Describe the Act of Settlement
A
- the Act of Settlement 1701 was enacted by the Parliament of England to secure the Protestant succession to the throne
- it was passed because the preceding Act of 1689 failed to ensure a Protestant-successor following Queen Anne, a decision shaped by the political & religious context of the era
- the Act declared that only a Protestant could hold the British throne
- it mandated that any future monarch must be communion with the CofE
- it barred any monarch from leaving England without the Parliament’s consent
- the Act also imposed limitations on the royal prerogative: the monarch was prohibited from engaging in war without parliamentary consent
7
Q
Describe the Acts of Union
A
- it officially united the Kingdom of England & the Kingdom of Scotland into a single, united entity known as the Kingdom of Great Britain
- the two countries had shared a monarch since 1603, when James VI of Scotland became also James I of England, but the 1707 Acts brought about a closer political union
- the Scottish Parliament & the English Parliament were dissolved & replaced by a single Parliament of Great Britain based in Westminister
- the Act established & shared political, civil, & religious rights between England & Scotland, creating a singe market & abolishing border controls
8
Q
What are the Parliament Acts (specifically 1911)?
A
- the Parliament Act of 1911 was designed to restrict the power of the House of Lords in blocking legislation
- this came after a constitution crisis when the Lords refused to pass the People’s Budget proposed by the Liberal government
- significant aspects of the Act included the removal of the power of the Lords to veto (reject) other types of bills, instead allowing them to delay bills for two sessions of parliament, or up to one year
9
Q
What are the Parliament Acts (specifically 1949)?
A
- the Parliament Act of 1949 further limited the powers of the House of Lords
- the Act was passed under the provisions of the 1911 Act, & it reduced the time that the Lords could delay bills to just two sessions of parliament, or one year
- this time reduction effectively removed the ability of the Lords to block legislation, enhancing the authority of the House of Commons
10
Q
Describe the significance & impact of the Parliament Acts (both 1911 & 1949)
A
- the Parliament Acts are significant as they confirmed the supremacy of the House of Commons over the House of Lords
- they limited the ability of the Lords to reject legislation, ensuring that the democratic part of Parliament had the final say on most matters
- today, the Parliament Acts are rarely used, but their existence serves to prevent the Lords from exercising a veto on important legislation