Nature and Sources of UK Constitution

Question 1

Key themes in development

Answer 1

Power used to be centralised to monarch

Main development of constitutional power have been the transferral of power from the monarch to parliament + the increase in citizens rights

Question 2

Beginnings of the Constitution

Answer 2

Magna Carta 1215 - an agreement between King John and his barons to prevent abuse of royal power

MC sets out no-one (including monarch) is above the law and gives the right to a fair trial for all free men

Question 3

Bill of Rights 1689

Answer 3

Monarch’s power is reliant on the consent of parliament, set up frequent parliaments and freedom of speech within (parliamentary privilege) and free elections

Question 4

Act of Settlement 1701

Answer 4

Only a protestant could become monarch and gave control over the line of succession to the throne to parliament

Question 5

1911 and 1949 Parliaments Act

Answer 5

1911 - prevented lords delaying money bills and any other bills for max 2 years.

1949 - HoL could delay a bill to 1 year max.

Question 6

1972 European Communities Act

Answer 6

Entered Britain into the Europen Economic Community and later the EU

Gave EU precedence over UK law in case of conflict

Brexit repealed this act

Question 7

Features of the UK constitution

Answer 7

5 main principles of the UK traditional constitution.

Question 8

Unentrenched

Answer 8

Easily changed by a simple act of parliament or a shift in convention

Question 9

Uncodified

Answer 9

Not written down in one document and is made up of mulitple sources (USA is the opposite)

Question 10

Parliamentary sovereignty

Answer 10

Parliament is supreme and has ultimate authority.

It is the supreme legislative body and legislation cant be changed

Question 11

Rule of Law

Answer 11

Everyone including the government is subject to law and held accountable to it

Everyone entitled to fair trials, for this to work the judiciary must also be independent of political interference

Question 12

Unitary

Answer 12

All power centralised to Westminster.

Principle has been diluted to devolution therefore scholars would now refer to the UK as a ‘union state’

Question 13

Sources of the UK constitution

Answer 13

5 main sources of the constitution

Question 14

Statute Law

Answer 14

All legislation is created by Parliament (most important source as all other sources can be overriden by statute)

Example: 1918 Representation of People Act which allowed all women and men to vote

Question 15

Common Law

Answer 15

Made up of customs and judicial precedent (when judicial decisioons clarify the meaning of statute or make rulings in the absence of statute)

Royal Prerogative is an example of common law

Question 16

Conventions

Answer 16

Customs that are accepted as the way of doing things.

Example - PM is the leader of the largest party in parliament

Can be removed or made permanent by statute law.

2011 Fixed Term Parliaments Act put into statute law the convention that the Gov. should resign if it is defeated in a vote of no confidence

Question 17

Authoritative Works

Answer 17

Books or guides to the working of the UK constitution, widely respected but not legally binding

Question 18

Treaties

Answer 18

Agreements signed with other countries

Example: Maastricht Traeaty 1992 which established the European Union, whihc the UK negotiated a new treaty to allow them to leave.