Development of the Constitution: Key Historical Documents

Repeal and retention: The European Union (Withdrawal) Act 2018 repealed the ECA 1972, but it also "copied over" existing EU law into UK law to maintain legal continuity,

Magna Carta (1215)

• established that the monarch is not above the law

• the government and the ruler are subject to law

Bill of Rights (1689)

• established parliamentary supremacy over the monarch

• financial control: affirmed that the monarch could not raise taxes without parliamentary approval 

• Free and frequent parliaments: Parliament should be called frequently and that elections should be free and fair

• Individual liberties: The Bill also protected individual rights

Act of Settlement (1701)

• secured protestants to the throne

• Church of England: The act mandated that the monarch must be in communion with the Church of England, reinforcing the link between the crown and the established church.

Act of Union (1707)

• created the modern state of Great Britain which united England and Scotland into a single kingdom

Parliament Acts (1911 and 1949)

1911:

• established supremacy of the elected House of Commons over the unelected House of Lords

• replaced the Lord’s power of veto with the power to delay legislation

1949:

• decreased the power to delay legislation down to 2 years

European Communities Act (1972)

• provided the legal basis for the UK to join the European Economic Community (EEC) later became the EU

• Incorporated EU law into UK law

• Treated as a constitutional statute: it could not be repealed by implication and would require an explicit Act of Parliament to be amended or removed.

Repeal and retention: The European Union (Withdrawal) Act 2018 repealed the ECA 1972, but it also "copied over" existing EU law into UK law to maintain legal continuity,