The Nature And Sources Of The UK Constiution Flashcards
Nature of the UK constitution
- codified
- unentrenched
- unitary - power is centralised in just one place (devolution has created the argument that Britain is now a quasi-federal state so not unitary anymore)
Magna Carta
1215
Set out for the first time the principle that no-one should be deprived of liberty and property without the due process of law.
Bill of Rights
1689
Included provisions for regular parliaments, free elections and freedom of speech within parliament.
Act of Settlement
1701
Established the right of parliament to determine the line of succession to the throne.
Acts of Union
1707
United England and Scotland under one Parliament in Westminster, with representatives from both counties.
Parliament Acts
1911 and 1949
Set out that the House of Lords couldn’t delay money bulls and only had a 2-year delaying power for other bills, rather than the veto they previously had.
This delaying power was reduced to one year in 1949
European Communities Act
1972
Confirmed the entrance to the EEC which later developed into the EU.
2020 UK-EU withdraw agreement
Following the 2016 Brexit referendum, this act removed the UK from the European Union. This therefore increased the sovereignty and power of the UK Parliament once more.
5 main sources of the UK constitution
Treaties
Statute Law
Authoritative Texts
Common Law
Conventions
Treaties
Agreements the UK has signed with other states and is therefore bound by.
Authoritative Texts
Books that explain the workings of the British political system.
They’re a useful guide and do help to shape the political and constitutional landscape and how politicians behave. Not binding though.
Statute law
The body of law passed by parliament. Most laws aren’t constitutional, only those that affect the political system and citizens’ rights are.
It is the most important source of the constitution.
Only require a simple majority in parliament and can easily be introduced/changed/removed.
Common Law
Legal principles laid down by judged in their rulings on court cases which provide precedents for later judgements.
Conventions
Customs and practices about how the government should behave that don’t have legal force but have been broadly accepted over time.
A reason why it could be argued there has been a decrease in parliamentary sovereignty
Devolution introduced other key law-making bodies in the UK. They could in legal terms be abolished but this would be very hard.
