The Constitution Flashcards
Magna Carta (1215)
- An agreement between King John and the nobility to guarantee certain laws to the people of England
It included:
- The king could not raise a tax without the consent of the people (Clause 12).
- The right to due process in the law was guaranteed (Clause 29).
- The right to trial by jury was guaranteed (Clause 39).
- Justice had to be free and fair (Clause 40).
- The nobles could select a committee of 25 to scrutinise the actions of the king (Clause 61).
What are the sources of the UK constitution?
- Common Law/Case Law
- Statue Law
- Works of Authority
- Conventions
- treaties
What is “The Battle of Lewes”?
The Battle of Lewes was a significant conflict that took place on May 14, 1264, during the Second Barons’ War in England. The conflict pitted the forces of Simon de Montfort, the leader of a baronial rebellion against King Henry III, against the king’s own army.
The king’s army was eventually defeated, and Henry III was captured and taken prisoner by de Montfort’s forces.
The Battle of Lewes had significant historical and political implications, as it led to the establishment of the first English parliament. De Montfort convened a parliament in the aftermath of the battle, which was the first time that representatives of the common people had been invited to participate in the governance of the country.
Common Law/Case law
Judges make decisions based on an opinion from a fair and just outcome. The UK judiciary uses a principle of precedence; once a decision had been made on a case, similar cases will be considered in the same way.
Statue Law
Laws passed by Parliament; and since Parliament is sovereign, statue laws are sovereign
Works of Authority
Works written by constitutional theorists that are considered to be authoritative guides to the UK’s uncodified constitution. Although they are not legally binding, they are still seen as an important reference point on how the constitution should run.
Example: The English Constitution (1867) by Walter Bagehot
Conventions
These are not law, but they are traditions that have developed through generations. For example, collective ministerial responsibility.
Constitutional Reform Act (2005)
An Act of the UK Parliament that was divided into three parts. The first reformed the office of Lord Chancellor, the second created and set the framework for a UK Supreme Court and the third regulates the appointment of Judges.
codified/uncodified
Uncodified = parts are written down but in different documents; it is not centralised (UK)
Codified = A single document which is properly structured and centralised (US)
entrenched/unentrenched
firmly established and difficult or unlikely to change/likely and easy to change
Human Rights Act 1998
Statutory basis in UK law for the protection of human rights and freedoms. The ECHR is an international treaty agreed to by all members of the Council of Europe that sets minimum standards for people’s human rights.
- Governments should interpret laws in a way in which it is compatible with the ECHR.
- Public authorities have to act compatibly with the ECHR.
- Government minister have to publish a statement on its compatibility with the ECHR, when introducing legislation.
Devolution
The transfer or delegation of power to a lower level, especially by central government to local or regional administration
What is a constitution?
A set of laws and guidelines that establish how a political system will function. It says where power lies within the system and helps to guarantee the rights of citizens.
Bill of Rights (1689)
The unpopular Catholic, King James 2, was removed from the English throne.
He was replaced by William of Orange, a Dutch protestant.
With this, a number of restrictions on the Monarch´s power followed:
The king would rule alongside a permanent Parliament
Parliament would be the result of regular, free elections
MPs would enjoy freedom of speech
The monarch would not have the power to repeal or set aside any laws without the consent of parliament.
This also led to the emergence of a two-party system:
Supporters of the Monarch: Tories –> Conservatives
Supporters of Parliament: Whigs –> Liberals
Act of Settlement (1701)
Established the right of Parliament to decide who would succeed the Throne upon the death of the reigning Monarch. This was fuelled partly by the desire to exclude James 2 from the throne. Only protestant could become monarch in the future and any member of the royal family marrying a catholic, could not become a monarch.
It also prevented holders of offices under the crown to serve in Parliament (the Monarch or Princes/Princesses).
Act of Union (1707)
United the separate Kingdoms of England and Scotland.
The Act combined the two separate Parliaments to one, based on Westminster.
The two countries saw single Parliamentary rule until 1997 when Tony Blair established a Scottish Parliament under devolution.
Scotland’s legal system remained independent.
Parliament Act (1911 and 1949)
Reduced the power of House of Lords in favour of the House of Commons.
1911: Lords could not delay financial bills, and the power of veto was replaced by a 2-year delaying power
1949: The 2-year delay was reduced to 1 year
Fusion of power
When the executive and legislative branches of government are intermingled. It tends to be a feature of parliamentary democracies and can be contrasted with the stricter separation of powers found in more presidential democracies.
Separation of power
Refers to the division of a state’s government into “branches”, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches.
