UK constitution - How has it evolved through time and why isn’t it codified?

Why do most nations have codified constitutions?

Following a major political upheaval like a civil war.

Marks a new chapter in the country’s history

Divine rights of kings - definition

Kings believed they were chosen by god leading to royal prerogative

Royal prerogative - definition

Power belonged solely to the king, he wasn’t subject to the will of the people

How did the monarch run the government originally in uk history?

Monarch controlled the legislature, executive and judiciary

How did the monarch carry out the legislature and executive?

By bringing forward and passing new laws without the need for outside input.

How did monarch carry out judiciary?

Kings court - he ruled on cases

Kings council - definition

A group of landowners and priests that the king consulted to maintain control.

Evolved into parliament as time went on

Assize of clarendon (1166)- What is it?

King Henry II ordered a number of judges to travel around the country, enforcing westminster laws

Assize of clarendon - Effects

Led to law being applied consistently across the nation

Developed into common law

Magna Carta (1215) -What was agreed?

King agreed to limits on his power

Established rule of law

Rule of law - definition

No one is above the law

No one should be punished without trial

By 14th Century, what were the two chambers of parliament?

The lords (nobility) and commons ( elected officials)

Three groups of government in 14th century period

Parliament - made statutes

Monarch - made proclamations

Judges - ruled using common law

The case of Proclamations (1610)

King must now go through parliament to make new laws, now have less royal prerogative.

What did Charles I do during wars with france?

Imprisoned people without charge or trial if they refused forced loans, martial law or didn’t house soldiers

What was the response to Charles I’s actions?

Petition of Right (1628)

Petition of Right - Terms

1. No taxes levied without parliaments consent

2. No imprisonment without cause

3. No forced billeting of soldiers in civ homes

4. No martial law in peacetime

Charles response to the Petition of right

He ruled without parliament for 11 years

How was Charles I able to rule without parliament?

At that time he could still choose whether to consult the kings council (parliament) or not

Effects of the english civil war

Charles I was executed and cromwell ruled for 11 years as a republic

What did cromwell do constitutionally in his rule?

2 new codified constitutions introduced:

Instrument of government (1653)

Humble petition and advice (1657)

How did James II anger parliament?

Promoted catholics to important positions, when parliament was mostly protestant

What was the glorious revolution of 1688-89?

William of orange invited by parliament to rule the nation

He came to power without bloodshed as James abdicated

Bill of rights (1689) - why introduced?

William of orange could only become king if he accepted these terms

Bill of rights - terms (3)

1. Regular sessions of parliament with free elections and free speech during debates

2. Parliaments consent needed to levy taxes, repeal laws or maintain an army in peacetime

3. Established some individual rights

How did government work post bill of rights?

Parliament now supreme as only their statutes would be enforced.

No entrenched laws, just what parliament decides

What takes precedence, statues or common law?

Parliamentary statutes

Overall, why is our constitution not codified?

A relatively stable history, with a monarchy pretty much throughout.

Laws change over time, with many based upon common law, which is judiciary precedence

Very long history with laws made hundreds of years ago still valid today