The Nature & Sources Of The UK Constitution

What is the definition of the UK Constitution?

The UK Constitution is the set of rules, principles and conventions that govern how the UK is run and how political power is distributed.

What is a Convention?

a non-legal, binding rule or understanding that dictates how political power is exercised and government operates. - Formalities

What are the three defining features of the UK constitution>

It is Unentrenched

It is Uncodified

It is Unitary

What is meant by unentrenched?

Laws and rules can be changed by ordinary parliamentary procedure

There is no special procedure required to amend the constitution

What is meant by Uncodified?

The constitution is made up of several written and unwritten sources rather than a single, supreme written document

What is meant by Unitary?

Political power is legally concentrated in Parliament

Devolved bodies only have powers that have been granted to them by Parliament

What are the Twin Pillars of the UK constitution?

Rule Of Law

Parliamentary Sovereignty

What is meant by Parliamentary Sovereignty?

Parliament can make or unmake any law.

No parliament can bind its successors

Parliament is the supreme legal authority in the UK

Statue Law made by parliament takes priority over all other constitutional sources

What is meant by Rule Of Law?

Everyone is subject to the law and those laws are applied equally

Courts are independent and able to hold the government to account

What is Statue Law? And give an example.

Laws made by Parliament affecting the location of power or the rights of citizens

e.g The EU Withdrawal Act (2018) initiated the UK’s departure from the EU

What is Common Law? And give an example.

Judge-made law that develops legal principles through precedent (when judges follow decisions from previous court cases)

e.g Miller v Brexit Secretary (2017) the Supreme Court ruled Parliament must approve triggering Article 50

What are Constitutional Conventions? And give an example.

Unwritten rules guiding political behaviour: not legally enforceable

e.g Salisbury Convention states the Lords should not block manifesto bills

What are Works Of Authority?

Academic texts used to guide political practice

What is Treaties? And give an example.

International agreements between the UK and other states

e.g The European Convention On Human Rights incorporated via the Human Rights Act

What law outranks all the other sources of the constitution and why?

Statute Law - as parliament is sovereign

What was the Document that Limited Royal Power by establishing the Rule Of Law, and founded Habeas Corpus?

The Magna Carta (1215)

Habeas Corpus - legal right in the UK that prevents unlawful detention by allowing a person to challenge their imprisonment before a court.

What did the Bill Of Rights (1689) rule?

-Limited the power of the monarchy

-Established parliamentary supremacy, declaring it illegal for the monarch to create laws, levy taxes, or maintain a standing army without Parliament's consent.

-Mandated free parliamentary elections, established free speech within Parliament, prohibited excessive bail or fines, and condemned cruel and unusual punishments.

What Act incorporated the United England and Scotland into Great Britain, Creating a Single Parliament at Westminster?

Acts Of Union (1707)

What did the Parliament Act 1911 do?

Removed the House Of Lords veto over money bills

Replaced absolute veto with a delaying power

What did the Parliament act 1949 do?

Reduced the Lords delaying power from 2 years to 1 year

Further strengthened the supremacy of the House Of Commons