TOPIC 5.2- The Constitution (Development of the UK Con)

Question 1

What type of constitution is the UK?

Answer 1

uncodified
unentrenched
organic

Question 2

Define organic constitution

Answer 2

a political con that has developed naturally in accordance with changes in the nature of society and the political system

(as opposed to a con created at one historical moment in time)

Question 3

Provide two reasons for the slow, gradual development.

Answer 3

-known as an organic con, shaped by gradual changes in UK society and politics

-no historical event,(e.g- revolution) which has overturned the existing order and therefore heralded in anew political order

Question 4

What were the 7 main stages in the development if the UK constitution?

Answer 4

Magna Carta
Bill Of Rights
Act Of Settlement
Act Of Union
Parliaments Acts
European Communities Act
European Union (Withdrawal Agreement) Act

Question 5

What year was Magna Carta?

Answer 5

1215

Question 6

What year was Bill Of Rights?

Answer 6

1689

Question 7

What year was Act Of Settlement?

Answer 7

1701

Question 8

What year was Act Of Union?

Answer 8

1707

Question 9

What year was Parliaments Acts?

Answer 9

1911 and 1949

Question 10

What year was European Communities Act?

Answer 10

1972

Question 11

What year was European Union (Withdrawal Agreement) Act?

Answer 11

2020

Question 12

Describe the Magna Carta, Act 1215?

Answer 12

agreement between nobles and the king.

established principle of the rule of law

i.e: government must operate within the law and laws should be applied equally to all citizens.

Question 13

Describe the Bill Of Rights, 1689?

Answer 13

agreement between king and parliament

established idea of sovereignty of Parliament over the king in matters of legislation

Question 14

Describe the Act Of Settlement, 1701?

Answer 14

established monarch’s position as ruler of England, Scotland, Wales and Ireland.

Also established that the rules of succession to the throne should be determined by parliament

Question 15

Describe the Act Of Union, 1707?

Answer 15

dissolved the Scottish Parliament and established the union of Great Britain and Ireland.

Question 16

Describe the Parliament Acts, 1911 and 1949?

Answer 16

Limited the power of the HOL to delaying legislation for one year and took away the house’s power over financial matters

Question 17

Describe the European Communities Act, 1972?

Answer 17

established the UK’s entry into the Europeans Community (EU)

Question 18

Describe the European Union Act 202?

Answer 18

Confirmed the UK’s decision to leave the EU following the EU referendum in 2016.

Question 19

Magna Carta, 1215

Answer 19

signed by King John, the ‘Great Charter’ was a series of written promises between the king and his subjects. The king agrees to govern England and deal with its people according to the customs of feudal law. It was an attempt by the land-owning barons to stop the king from abusing his people. Certain basic rights were established, for example the right to a jury trial.

Question 20

Bill of Rights, 1689

Answer 20

guaranteed further basic rights, for example free elections, and laid out both rights of Parliament and limitations on the power of the Monarch. The Bill firmly established the principles of frequent parliaments and freedom of speech within Parliament – known today as Parliamentary Privilege. It also includes no right of taxation without Parliament’s agreement, freedom from government interference, the right of petition and just treatment of people by courts. The main principles of the Bill of Rights are still in force today.

Question 21

Act of Settlement, 1701

Answer 21

this confirmed the power of Parliament to determine the succession to the throne- it was an attempt to prevent a Catholic from taking the throne.

Question 22

Acts of Union, 1707

Answer 22

united Scotland to England and Wales, creating the United Kingdom of Great Britain. Scotland continued to have a separate legal system.

Question 23

Parliament Acts, 1911

Answer 23

Until the early years of the 20th century, the House of Lords had the power to veto (stop) legislation. However, this arrangement was put under pressure when the House of Lords refused to pass David Lloyd-George’s ‘people’s budget’ of 1909. Eventually, the budget was passed after a general election in 1910; a second general election was then fought on the issue of reform of the House of Lords. The result was the Parliament Act 1911, which removed from the House of Lords the power to veto a Bill, except one to extend the lifetime of a Parliament. Instead, the Lords could delay a Bill by up to two years. The Act also reduced the maximum lifespan of a Parliament from seven years to five years.

Question 24

Parliament Acts, 1949

Answer 24

The Parliament Act __1949 __further reduced the Lords’ delaying powers to one year. The Parliament Acts define the powers of the Lords in relation to Public Bills. Money Bills (Bills designed to raise money through taxes or spend public money) start in the Commons and must receive Royal Assent no later than a month after being introduced in the Lords, even if the Lords has not passed them. The Lords cannot amend Money Bills. Most other Commons Bills can be held up by the Lords if they disagree with them for about a year but ultimately the elected House of Commons can reintroduce them in the following session and pass them without the consent of the Lords.

Question 25

European Communities Act, 1972

Answer 25

European Communities Act, 1972: joined Britain to the European Community (now the European Union), with the eventual effect that EU law takes precedence over UK law.

Question 26

Patterns of reform

Answer 26

the UK constitution has gone through a gradual process of change- there has been no wide-scale upheaval of the system, as in the French Revolution, for example. Instead, there has been a slow transfer of power from the monarch to Parliament (more specifically the House of Commons, which has become increasingly representative through the extension of the franchise). Similarly, there has been a gradual increase in the protection of rights and liberties.