Nature and sources of the British constitution

Question 1

What is the nature of the British constitution?

Answer 1

1. Uncodified, found in a variety of sources
   E.g. statute law, the Parliament Act 1911 removed the Lord’s power of absolute veto, reduced it to 2 years
   (thus establishing the Commons as the dominant chamber and enhancing democracy as the elected representatives were now less restrained by unelected Lords)
2. Unitary, all power ultimately derives from central government, unlike federal governments.
   E.g. in the UK, the House of Commons has ultimate authority, it alter the constitution via Acts of Parliament such as the Representation of the People Act 1918 which gave men over 21 and women over 30 with property the vote
   (enhanced democracy by increasing the size of the electorate and therefore allowing a greater variety of people to vote)
3. Rule of law, everyone is equally subject to the laws of the land.
   E.g. in 2016 the government was found by the courts to have acted illegally trying to restrict aid to people born out of the UK
   (thus acting as a check on the government’s power and protecting immigrants from being denied the resources they need)

Question 2

What are the sources of the British constitution?

Answer 2

1. Statute law is any law derived from parliament.
   E.g. the Representation of the People Act 1918 gave the right to vote to all men over the age of 21 and all women with property over the age of 30
   (enhanced democracy by increasing the size of the electorate, thus allowing a wider variety of people to vote)
2. Common law is law passed down over the years by legal judgements in the courts.
   E.g. the UKSC ruling that Boris Johnson’s proroguing of Parliament was unlawful
   (protecting the rights of the legislature to discuss the issue of Brexit)
3. Royal prerogative are powers held by the Monarch but are exercised by the PM.
   E.g. David Cameron authorised air strikes in Libya in 2011 using his royal prerogative powers
   (allowing the PM to take military action without consent from Parliament).

Question 3

What are key developments if the British constitution since 1997?

Answer 3

1. Freedom of Information Act 2000
   E.g. stated that government departments had to publish information about their activities and allow members of the public to request information
   (allowing the government to be better scrutinised and more transparent as information is more accessible)
2. Fixed-term Parliament Acts 2011
   E.g. stated that general election must be held every 5 years, 2/3 majority of Parliament is now needed to call an early election
   (prevents the PM from calling an early election at politically advantageous times)
3. Equality Act 2010’s rights based on age, gender, race and various other categories by employers
   (therefore prevents discrimination in the workplace)
4. Scotland Act 2012
   E.g. gave the Scottish government the power to vary income tax up or down by 10 pence per pound and devolved multiple other areas
   (allowing decisions to be made closer to the????

Question 4

What are key developments of the British constitution from 1900-1997?

Answer 4

1. The Parliament Act 1911
   E.g. removed the Lord’s power of absolute veto, reduced it to 2 years
   (thus establishing the Commons as the dominant chamber and enhancing democracy as the elected representatives were now less restrained by unelected Lords)
2. European Communities Act 1972.
   E.g. stated that British law had to conform with EU law
   (meant that EU law superseded British law thus limiting the power of Parliament as their legislation could be deemed incompatible with the ECHR)
3. Representation of the People Act 1918
   E.g. gave men over 21 and women over 30 with property the vote
   (thus increased the size of the legislature which created a more democratic system as the elite of society were now not the only individuals who could vote)

Question 5

What are key developments of the British constitution before 1900?

Answer 5

1. Magna Carta 1215.
   E.g. clause 39 guaranteed the right to a swift and fair trial
   (thus preventing the state from arbitrarily arresting and charging individuals without a fair trial which protected citizens rights)
2. Bill of Rights 1689.
   E.g. stated that parliaments must meet frequently, with complete freedom of speech within parliament.
3. Act of Settlement 1701.
   E.g. stated that parliamentary consent had to be given for the Sovereign to engage in war
   (thus further extended the power of the legislature by checking the sovereign’s power as commander in chief, creating a more democratic system)