nature and sources of the british constitution Flashcards
key themes in development
Power used to be centralised in the hands of the monarch.
The main themes of constitutional development have been the transferral of power from the monarch to parliament and the increase in the rights of citizens.
beginnings of the constitution
The constitution is generally thought to have begun with the Magna Carta in 1215.
The Magna Carta was an agreement between King John and his barons to prevent the abuse of royal power.
The Magna Carta sets out the principle that no one (including the king) is above the law and sets out the right to a fair trial for all free men.
the bill of rights
The next development of constitutional significance was the Bill of Rights which was put into law when William III and Mary II took the throne in 1689.
The Bill of Rights established the idea that the Monarch’s power is reliant on the consent of parliament and set up frequent parliaments, freedom of speech within parliament (parliamentary privilege) and free elections.
the act of settlement
The Act of Settlement (1701) stated that only a Protestant could become monarch and gave control over the line of succession to the throne to parliament.
This was shortly followed by the first of the Acts of Union - Acts that established the union of Scotland (1707) and Ireland (1801) with England to form Great Britain.
This was the basis of the UK until the devolution reforms in 1997.
why were the parliaments act put into place?
key dates?
Parliament Acts (1911 and 1949) were both put in place to limit the power of the House of Lords.
1911 and 1949 Parliament Acts
A budget crisis was created in 1909 when the Lords rejected Lloyd-George’s ‘People’s Budget’ which had a substantial tax increase.
In response the 1911 Parliament Act prevented the Lords from delaying money bills and prevented them delaying other bills for more than 2 years.
The 1949 Parliament Act reduced the period for which the House of Lords could delay a bill to 1 year.
1972 European communities act
European Communities Act (1972) was the piece of legislation that entered Britain into the European Economic Community which would later become the EU.
This gave EEC/EU law precedence over UK law in the case of a conflict.
The Brexit process involves repealing this act.
what are the 5 main principles of the traditional UK constitution?
it is unentrenched, uncodified, unitary, and underpinned by principles of parliamentary sovereignty and rule of law.
Parliamentary soverignty
Parliamentary sovereignty is the idea that parliament is supreme and ultimate authority sits with it, as representative of the people.
No Parliament can bind its successor – this means that parliament can repeal any act passed by previous parliament.
Parliament is also the supreme legislative body and legislation can’t be changed, struck down or ignored by the judiciary or the executive.
uncodified
The UK constitution is uncodified, meaning that it is not written down in one document and is made up of multiple sources.
rule of the law
Rule of Law is the idea that everyone, including the government, is subject to the law and held accountable to it.
In reality, this means that everyone is entitled to a fair trial and that all citizens, including public officials, are equal under the law and must obey it.
For this to work effectively, the judiciary must also be independent of political interference.
unentrenched
The UK constitution is unentrenched, meaning that it is easily changed – by a simple act of parliament or even a shift in convention.
unitary
The UK constitution is unitary, meaning that all power is centralised in the Parliament in Westminster.
This principle has been diluted in recent years due to devolution and many scholars would now refer to the UK as a ‘union state’.
what are the 5 main sources of the uk constitution?
These are statue law, common law, conventions, authoritative works, and treaties (including EU Law)
statute law
Statute law is all legislation created by parliament.
Not all laws are considered constitutional – only those that deal with the nature of politics and government or the rights of citizens.
Statue law is the most important source of the constitution due to the principle of parliamentary sovereignty. All other sources can be overridden by statute law.
examples of statute law
For example, the 2005 Constitutional Reform Act created a separate Supreme Court.
The 1918 Representation of the People Act which allowed all men and some women to vote.
common law
Common Law is made up of customs and judicial precedent (when judicial decisions clarify the meaning of statute or make rulings in the absence of statute).
A lot of constitutional principles, such as the Royal Prerogative are a part of common law.
conventions
Conventions are customs and practices that are accepted as the way of doing things.
An example is the convention that the Prime Minister is the leader of the largest party in parliament.
Conventions can be removed or made permanent by statute law.
The 2011 Fixed Term Parliaments Act put into statute law the convention that the Government should resign if it is defeated in a vote of no confidence.
convention example
An example is the convention that the Prime Minister is the leader of the largest party in parliament.
authoritative works
Authoritative works, such as Walter Bagehot’s ‘The English Constitution’ are books or written guides to the working of the UK constitution.
Although they are widely respected, they are not legally binding.
authoritative works example
Walter Bagehot’s ‘The English Constitution’
treaty example
the treaty that entered Britain into the EEC in 1972 and the Maastricht Treaty (1992) which established the European Union.
treaties
Treaties are agreements signed with other countries.
The most important treaties affecting the UK constitution are the treaty that entered Britain into the EEC in 1972 and the Maastricht Treaty (1992) which established the European Union.
The UK government is currently negotiating a new treaty that will allow the UK to leave the EU (Brexit). (no longer current)
data protection act
Data Protection Act ,1984
The Data Protection Act protected the personal information that public organisations held people’s personal information which public organisations held
human rights act
Human Rights Act ,1998
The Human Rights Act meant that the European Convention on Human Rights (ECHR) became codified into British law.
freedom of information act
Freedom of Information Act
The FOIA allowed UK citizens to access some information held by UK public institutions. However, some information, for example relating to national security cannot be accessed
equality act
Equality Act , 2010
The Act brought together all UK anti-discriminatory measures into a single document.
Protects workers and the general public from discrimination.
The act includes different types of discrimination, including age discrimination and disability discrimination.
advances in europe examples:
European Convention on Human Rights (ECHR), 1953:
The ECHR was signed by the UK in 1951, and came into force in 1953. Signing this meant that all UK government actions needed to be in compliance with the ECHR
Includes articles such as the right to life, and the right to freedom from torture.
European Court of Justice, 1973:
After the UK joined the European Economic Community, the European Court of Justice protected the rights of UK workers.
the bill of rights developments
Bill of Rights, 1689:
The Bill of Rights introduced more limits on the power of the monarchy.
The Bill of Rights also introduced rights of parliament such as free elections and, parliamentary free speech
magna carta developments
Magna Carta, 1215:
Restrictions were imposed on the monarchy to stop the monarch from abusing power.
what did the human rights act mean for the European convention?
The Human Rights Act meant that the European Convention on Human Rights (ECHR) became codified into British law.
human rights
examples of use of the act
There have been a number of cases of the Human Rights Act serving to defend the rights of individuals within the UK.
Abu Qatada, a Jordanian national who was deemed to have connections to terrorist groups, was not able to be deported in 2012 because evidence used against him was gained through torture.
After the Hillsborough disaster, families of victims used the Human Rights Act to force an in-depth inquiry into the deaths.
how was the human rights act effective at protecting rights?
The Human rights Act meant that rights became enshrined in a clear way in statute.
The Human Rights Act must be complied with by legislation.
The Human Rights Act has meant that citizens can ensure the protection of their rights through courts in the UK.
how was the human rights act ineffective at protecting rights?
As the Human Rights Act has not been entrenched it can be replaced and so does not offer sufficient protection of rights and liberties.
The Conservative Party has planned to replace the Human Rights Act with a ‘British Bill of Rights’.
The Human Rights Act is limited in its protection as it cannot overturn legislation which has been made in parliament.
The government can ‘set aside’ the Human Rights Act.
The rights of terror suspects were set aside after the 9/11 terrorist attacks.
act examples of history of uk rights
European Convention on Human Rights (ECHR), 1953
European Court of Justice, 1973
Data Protection Act ,1984
Human Rights Act ,1998
Freedom of Information Act
Equality Act , 2010
There are several pressure groups involved in research to protect civil liberties in the UK:
name two pressure groups
liberty
unlock democracy
There are several pressure groups involved in research to protect civil liberties in the UK:
liberty
AKA the National Council for Civil Liberties.
The biggest pressure group protecting civil liberties.
Aim to make sure freedom and rights of individuals and communities are protected.
Work by public campaigning, working with parliament, giving out free advice and analyse policy.
Not affiliated with any political party, and doesn’t receive government funding.
Currently campaigning to end indefinite detention and take the government to court over the Snooper’s Charter.
There are several pressure groups involved in research to protect civil liberties in the UK:
unlock democracy
Formed as Charter88.
Campaign for democratic reform and a participatory democracy.
Campaign for a written constitution in the UK to protect the rights of citizens, empower local communities and institute proportional representation.
Grassroots campaign, so work in local communities at the ground-level.
Not affiliated with any political party.
Some have argued that the UK has a rights-based culture. The protection of rights in the UK has led to some conflicts between different kinds of rights.
analyse and evaluate rights based on culture:
All laws passed must comply with the Human Rights Act, which has led to some arguing that the UK has a ‘rights-based culture’.
Judges can use the Human Rights Act to declare existing laws unfit, which promotes human rights in UK society and law making.
Some have argued that the UK has a rights-based culture. The protection of rights in the UK has led to some conflicts between different kinds of rights.
analyse and evaluate individual vs collective rights:
The Human Rights Act protects individuals rather than UK citizenship collectively.
Protecting individual rights is seen as a good thing because it enables a free and fair society, and protects individuals who may face oppression.
But, if individual rights are protected at the expense of collective rights, there can be restrictions on actions that can be taken to protect the public.
examples of rights conflicts
For example, some criminals in the UK have not been extradited (handed over to law enforcement where the crimes were committed) because of the Human Rights Act.
Some may consider this a threat to the collective rights of liberty and security.
After 9/11, the government wished to detain terror suspects without trial, but this was ruled against by the Law Lords, because it was seen as discrimination.
