The Constitution

Question 1

Specificity of England when it comes to the Constitution? What’s the difference with France?

Answer 1

• No actual written constitution in Britain setting out the rights and duties of its people (British people were, as such, for a long time referred to as ‘subjects’, not citizens.)
• Thus, Constitutional documents
• Customs and conventions are more important than a Constitution in the UK.

Question 2

What’s the difference with France?

Answer 2

→ la déclaration des droits de l’hommes. The first right written on it is that all men are equal. Which is very different from England which has no written document AND has a monarch who is considered superior.

Question 3

If there is no written Constitution, what are the main principles followed?

Answer 3

• The rule of the law = you must follow the law of the land
• Sovereignty of parliament = parliament is sovereign, their decisions are sovereign. It is a parliamentary monarchy. Aka constitutional/limited monarchy

Question 4

The first form of a Parliament in England?

Answer 4

Witenagemot or Witan → assembly giving its opinion about the administration and the organisation of the kingdom. An assembly that would meet once a year. (7th century).
They had a strong power, such as electing and depose the King. They were dukes & princesses.

Question 5

The first representative Parliaments

Answer 5

After Magna Carta, in 1295. At the time called the “model parliament”.
- more representative = not only aristocracy, but knights, burgesses and citizens from each city provided. (“Citizens” which only meant from the cities, at that time.)
- It was organised but not on a regular once a year assembly like before. & interrupted once.

Question 6

What are the Constitutional documents?

Answer 6

• Magna Carta, 1215
• The Bill of Rights, 1689
• The Act of Settlement, 1701
• Reform Act, 1832

Question 7

Magna Carta

Answer 7

1215
Drafted under King John (Jean sans terre) = some guarantee against the monarchy.
- This document is to this day the most important constitutional democracy document. It protected the liberty of individuals.
- It was the first time a monarch was being subjected by his aristocrats to the law of the lands. The monarch was no higher in terms of facing the law than the others.

Question 8

The Bill of Rights

Answer 8

1689
- basic civil rights, including the rights of Parliament
- Parliamentary Monarchy. “The King/Queen-in-Parliament”.
Nothing can be done by the monarch or by the Parliament only.

Question 9

The rights of Parliament

Answer 9

• the requirement for regular parliaments
• Free elections
• Freedom of speech in Parliament

Question 10

About the law

Answer 10

The law of the land is organised in cases → Case law.

Question 11

The Act of Settlement

Answer 11

1701
- It secured the Protestant succession to the throne. = If not Protestant disqualified, rule lifted in 2011 (Camila is from a Catholic background)
- the crown descended by male primogeniture (lifted in 2013)
- The monarch must belong to the House of Hanover, which is mainly white protestants.

Question 12

The cabinet (translation)

Answer 12

le conseil des ministres

Question 13

Reform Act

Answer 13

1832
- Reformed the system of parliamentary representation.
- Extended the franchise and created new seats in Parliament.
- Happened due to revolts, launched modern democracy

Question 14

The first Prime Minister

Answer 14

“First Minister” Sir Robert Walpole, 1721

Question 15

The most important revolt of the 19th Century

Answer 15

Chartism (1830’s-1850s)
- a new workers’ organisation
- concerned with social issues
- getting the right to vote for working

Question 16

Legislative power

Answer 16

Parliament (houses and monarch)

Question 17

Executive power

Answer 17

the administration (gvnt, cabinet & PM)

Question 18

Judicial power

Answer 18

the law (Courts, Supreme Court)